South Africa Case Law

Municipal Employees' Pension Fund and Another v Mudau and Another (1159/2020)

Municipal Employees' Pension Fund and Another v Mudau and Another (1159/2020) [2022] ZASCA 46; 2022 (6) SA 343 (SCA) (8 April 2022)

Court

Supreme Court of Appeal

Case number

1159/2020

Judges

Dambuza, Van der Merwe, Carelse, Smith, Weiner

The Supreme Court of Appeal upheld a retroactive pension fund rule reducing withdrawal benefits and held that the complaint fell within the Adjudicator’s powers.

• Pension Fund Rules
• Retroactive Application
• Withdrawal Benefits
• Statutory Interpretation
• Pension-fund-rules
• Retroactive-application

Municipal Employees Pension Fund and Another v Mantsho and Others (A152/2018)

Municipal Employees Pension Fund and Another v Mantsho and Others (A152/2018) [2020] ZAGPPHC 803 (4 November 2020)

Court

North Gauteng High Court, Pretoria

Case number

A152/2018

Judges

Matsemela, Makhoba, Van der Westhuizen

The High Court upheld an appeal over pension fund rules, holding that Rule 39 barred a withdrawal benefit where the member was re-employed by another Local Authority.

• Pension Fund Rules
• Withdrawal Benefits
• Interpretation Of Contracts
• Dual Membership
• Municipal Entities
• Pension-fund-rules

Bohloko v Liberty Group Limited (3357/2016)

Bohloko v Liberty Group Limited (3357/2016) [2016] ZAFSHC 213 (15 December 2016)

Court

Free State High Court, Bloemfontein

Case number

3357/2016

Judge

C Reinders

The court dismissed an application to access pension benefits early or compel a pension fund loan, holding that the fund rules and the Pension Funds Act controlled.

• Pension Fund Rules
• Withdrawal Benefits
• Contractual Entitlement
• Loan By Pension Fund
• Pension-fund-rules
• Withdrawal-benefits

Mine Employees Pension Fund v Murphy NO and Others (18672/02)

Mine Employees Pension Fund v Murphy NO and Others (18672/02) [2002] ZAGPHC 33 (29 October 2002)

Court

High Courts - Gauteng

Case number

18672/02

Judge

Willis

The court held that the pension funds adjudicator exceeded his statutory powers by declaring Rule 37(4) invalid on constitutional grounds and granting constitutional remedies. The adjudicator's function is limited to investigating and disposing of complaints as lodged, not to conducting general constitutional review. The differentiation between contributing and non-contributing members was found to be rational, justified by differing benefit expectations, and not arbitrary or unjustifiable. The rule amendments generally advantaged non-contributing members, and the specific outcome for the com…

Source excerpt

• Pension Fund Rules
• Constitutional Review
• Fiduciary Duties
• Equality Clause
• Collective Bargaining
• Withdrawal Benefits

Orion Money Purchase Pension Fund (SA) v Pension Funds Adjudicator and Others (1991/2001)

Orion Money Purchase Pension Fund (SA) v Pension Funds Adjudicator and Others (1991/2001) [2002] ZAWCHC 38 (23 July 2002)

Court

Western Cape High Court, Cape Town

Case number

7678/2001

Judge

Nel

The High Court set aside pension adjudicator determinations that ordered a fund to pay withdrawal benefits where no contributions had been made.

• Pension Funds Act
• Powers Of Adjudicator
• Withdrawal Benefits
• Fund Rules Interpretation
• Procedural Fairness
• Pension-funds