South Africa Case Law

Hillhouse v Pidelta (Pty) Ltd and Another (1237/2024P)

Hillhouse v Pidelta (Pty) Ltd and Another (1237/2024P) [2024] ZAKZPHC 57 (29 July 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

1237/2024P

Judge

Mossop

Urgent application to compel pension benefit payment dismissed. The court held the applicant had not shown a clear right, and the fund lawfully withheld payment under section 37D.

• Pension Funds Act Section 37d
• Withholding Of Pension Benefits
• Final Interdict Requirements
• Disciplinary Dismissal
• Fiduciary Duty Breach
• Alternative Remedy Pension Fund Adjudicator

Umgungundlovu District Municipality v Natal Joint Municipal Pension Fund and Another (7187/2022P)

Umgungundlovu District Municipality v Natal Joint Municipal Pension Fund and Another (7187/2022P) [2023] ZAKZPHC 142 (23 November 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

7187/2022P

Judge

Henriques

The applicant sought to withhold a portion of the second respondent's pension benefit pending the outcome of a damages claim arising from alleged misconduct and dishonesty. The court found that the applicant had established a prima facie case of misconduct and unjust enrichment, and that the requirements for a final interdict were largely satisfied except for the absence of a final decision by the first respondent regarding the withholding of benefits. The first respondent's letter did not constitute a final refusal, and the applicant retains an alternative remedy through referral to the Pens…

Source excerpt

• Pension Funds Act Section 37d
• Withholding Of Pension Benefits
• Final Interdict
• Misconduct And Dishonesty
• Unjust Enrichment
• Damages Claim

Tongaat Hulett Sugar South Africa Limited v Tongaat Hulett Pension Fund 2010 and Others (AR27/2022)

Tongaat Hulett Sugar South Africa Limited v Tongaat Hulett Pension Fund 2010 and Others (AR27/2022) [2023] ZAKZPHC 34 (3 March 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR27/2022

Judges

Seegobin, P Bezuidenhout, Thobela-Mkhulisi

The court held that the challenge to the adjudicator's determination should be brought as an appeal in the wide sense under section 30P of the Pension Funds Act, not as a review under PAJA. The High Court is empowered to reconsider the merits of the complaint afresh and is not limited to the grounds or evidence considered by the adjudicator. The pension fund was entitled to withhold Ms Mayola's pension benefits pending the determination of her liability for alleged misconduct, as permitted by section 37D(1)(b)(ii) of the Pension Funds Act and the fund's rules. The adjudicator erred in finding…

Source excerpt

• Pension Funds Act Section 30p
• Withholding Of Pension Benefits
• Appeal In The Wide Sense
• Fiduciary Duty Of Fund Trustees
• Internal Remedies Financial Sector Regulation Act

Jacobs v Telkom and Others (17342/2021)

Jacobs v Telkom and Others (17342/2021) [2022] ZAGPPHC 551; (2022) 43 ILJ 1902 (GP) (1 April 2022)

Court

North Gauteng High Court, Pretoria

Case number

17342/2021

Judge

R G Tolmay

The High Court granted Telkom an interim interdict preventing payment of Jacobs’s pension benefits pending finalisation of Telkom’s action alleging misconduct.

• Withholding Of Pension Benefits
• Interim Interdict
• Pension Funds Act Section 37d
• Delay In Civil And Criminal Proceedings
• Prima Facie Right
• Balance Of Convenience

National Tertiary Retirement Fund v Mokadi and Another (419/2015)

National Tertiary Retirement Fund v Mokadi and Another (419/2015) [2016] ZASCA 92 (1 June 2016)

Court

Supreme Court of Appeal

Case number

419/2015

Judges

Ponnan, Theron, Petse, Zondi, Kathree-Setiloane

The Supreme Court of Appeal held that section 30N of the Pension Funds Act confers a discretion on the Adjudicator to order interest on a monetary obligation, including the rate and date from which it accrues. The Adjudicator was empowered to order interest from 2 June 2010, the date on which the University abandoned its civil action against Mokadi, and the Fund was no longer justified in withholding the benefit. The Fund's argument that payment of both fund return and interest would result in a double benefit was rejected, as these are distinct concepts serving different purposes. The Adjudi…

Source excerpt

• Pension Funds Act
• Withholding Of Pension Benefits
• Interest On Pension Benefits
• Adjudicator Discretion
• Prescribed Rate Of Interest Act

Kotze v Mpumalanga Department of Education and Others (18453/13)

Kotze v Mpumalanga Department of Education and Others (18453/13) [2014] ZAGPPHC 322; (2014) 35 ILJ 2361 (GNP) (4 June 2014)

Court

North Gauteng High Court, Pretoria

Case number

18453/13

Judge

S K Hassim

The court held that, in line with the Supreme Court of Appeal’s decision in Highveld Steel and Vanadium Corporation Ltd v Oosthuizen, the employer is entitled to request the pension fund to withhold payment of the pension benefit pending final determination of its claim for compensation arising from alleged misconduct. The statutory provisions do not require that a written admission or court judgment be available at the time of termination; rather, the purpose is to protect the employer’s right to recover losses. The applicant’s main application is postponed pending the outcome of the related…

Source excerpt

• Government Employees Pension Law
• Interdict
• Withholding Of Pension Benefits
• Financial Misconduct
• Section 21 Gepl
• Compensation For Loss

Highveld Steel and Vanadium Corporation Ltd v Oosthuizen (103/2008)

Highveld Steel and Vanadium Corporation Ltd v Oosthuizen (103/2008) [2008] ZASCA 164; 2009 (4) SA 1 (SCA) ;[2009] 2 All SA 225 (SCA); (2009) 30 ILJ 1533 (SCA) (1 December 2008)

Court

Supreme Court of Appeal

Case number

103/2008

Judges

Harms, Scott, Brand, Maya, Griesel

The Supreme Court of Appeal held that pension fund trustees may withhold payment of a member’s benefits pending an employer’s damages claim under section 37D.

• Pension Funds Act
• Withholding Of Pension Benefits
• Employer Claims For Damages
• Intervention Application
• Interpretation Of Statutes
• Pension-funds-act