Category: Pension & retirement funds

Punitive costs awarded: True nature of discretion

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Amending rules retrospectively: Is registration required?

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Invalid investment rule: Retirement fund benefits

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Irretrievable trust breakdown: Directors not delinquent

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Refunding contributions considered: Disallowed appeal

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Enrichment claim considered: Condictio indebiti requirements

Municipal Employees Pension Fund v Mongwaketse In disallowing the appeal and by a majority decision the SCA confirmed the former contractor’s enrichment claim to a refund of her contributions to the pension fund, including...

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Applying legality principle: Must consult over rules

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Actio communi dividundo: Co-ownership of property

Municipal Employees’ Pension Fund v Chrisal Investments (Pty) Ltd In considering the actio communi dividundo the SCA decided there is no closed list of instances of bound co-ownership and if the ‘relationship gives...

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Sectoral determination exemption: Cut-off date?

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Employment dispute absent: Jurisdiction pension benefits

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Pension funds released: Appealing adjudicator’s decision

SA Metal Group (Pty) Ltd v Jeftha High Court confirmed that pension funds and benefits are sacrosanct and need legal protection benefits cannot be reduced or ceded or attached, other than exceptional circumstances, and s37A...

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Staying execution sale: Final or interim relief

SA Municipal Workers’ Union National Provident Fund v Kopanong Local Municipality    Staying execution sale was intended to be an interim order and the high court had no power to effectively create a contract for the parties...

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