Category: Pension & retirement funds

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: Lawfulness of cut-off date?

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Employment dispute absent: Jurisdiction re 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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Collateral challenge: Amended pension fund rule

South African Local Authorities Pension Fund v Msunduzi Municipality (994/2013) [2015] ZASCA 172 (26 November 2015) per Lewis JA (Ponnan, Theron, Willis and Mathopo JJA concurring) The Supreme Court of Appeal disallowed the...

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Proper interpretation approach: One unitary exercise

Natal Joint Municipal Pension Fund v Endumeni MunicipalityProper interpretation approach was stated clearly by the SCA and gave effect to the ’emerging trend in statutory construction’ and to the interpretation of...

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