South Africa Case Law

South African National Blood Service Provident Fund and Another v Pension Fund Adjudicator and Others (53555/17)

South African National Blood Service Provident Fund and Another v Pension Fund Adjudicator and Others (53555/17) [2022] ZAGPPHC 365 (20 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

53555/17

Judge

N V Khumalo

The court found that at the time the complaint was lodged with the Pension Fund Adjudicator, there were no criminal or civil proceedings pending against the complainant, and the applicants had unduly delayed instituting civil proceedings since 2015. The subsequent institution of summons after the complaint did not cure the delay. The Fund Rules and section 37D of the Pension Funds Act did not justify the continued withholding of benefits in the absence of ongoing proceedings. Applying the heightened threshold for leave to appeal under section 17(1)(a)(i) of the Superior Courts Act, the court…

Source excerpt

• Leave To Appeal Threshold
• Pension Funds Act Section 30p
• Withholding Of Benefits
• Condonation
• Delay In Instituting Proceedings

Scientia Optimate Financial Services (Pty) Ltd v Lukhaimane N.O and Others (65635/2020)

Scientia Optimate Financial Services (Pty) Ltd v Lukhaimane N.O and Others (65635/2020) [2021] ZAGPPHC 773 (10 November 2021)

Court

North Gauteng High Court, Pretoria

Case number

65635/2020

Judge

JF Barnardt

High Court review of a Pension Funds Adjudicator determination was dismissed. The court upheld the finding that the fund’s withholding of benefits was procedurally unfair and untimely.

• Pension Funds Act
• Withholding Of Benefits
• Fiduciary Duties
• Review Of Administrative Action
• Employment Contract Confidentiality
• Promotion Of Administrative Justice Act

Msimango v Ekurhuleni Metropolitan Municipality and Another (1224/14)

Msimango v Ekurhuleni Metropolitan Municipality and Another (1224/14) [2015] ZAGPPHC 559 (7 August 2015)

Court

North Gauteng High Court, Pretoria

Case number

1224/14

Judge

N V Khumalo

The court dismissed an application to pay out pension benefits immediately, holding that section 37D allowed benefits to be withheld pending liability proceedings.

• Pension Fund Deductions
• Section 37d Pension Funds Act
• Withholding Of Benefits
• Dismissal For Misconduct
• Pension-fund-deductions
• Section-37d-pension-funds-act