Pension & retirement funds Archives

Interdicting benefits payment: Claim against employee

by GilesFiles | Dec 3, 2025 | 2020 onwards, Applications, Causes and defences, Costs, Costs awarded, Courts, Damages, Declaratory, Dennis Davis, Finance, General, Granted, High Court, High Court judges, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Pension & retirement funds, Personal services, Private enterprises, Sectors, Statutory, Topics, Urgency | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Unlawful collective agreement: Interference with governance

by GilesFiles | Aug 21, 2025 | 2020 onwards, 2020 onwards, AB - Law generally, Allowed, Appeals, Appeals - leave, Associations/corporates, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Contractual breach, Costs, Courts, Declaratory, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legal Practice, Legality principle, Legislation, LRA 09: 198-213 General, LRA 1995, Management, Managerial prerogative, Markets in SA, Orders, Parties, Pension & retirement funds, Personal services, philosophy / economics, Resolving disputes (LRL 3), Review tests, RM Keightley, SCA judges, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Paying death benefits: Different life policies

by GilesFiles | Feb 6, 2025 | 2020 onwards, Applications, Causes and defences, Consumer protection, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Granted, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Pension & retirement funds, Personal services, Sectors, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Punitive costs awarded: True nature of discretion

by GilesFiles | Mar 26, 2024 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Associations/corporates, Causes and defences, Common law, Costs, Costs punitive, Courts, Declaratory, Disallowed, Finance, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, leave to appeal, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Non-profit organisations, Orders, Parties, Pension & retirement funds, Personal services, Refused, Review tests, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Thresholds, Topics, Words & phrases | 0 |

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Amending rules retrospectively: Is registration required?

by GilesFiles | Aug 2, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Evidence & onus, Finance, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Pension & retirement funds, Review tests, Roman Dutch law, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Invalid investment rule: Retirement fund benefits

by GilesFiles | Feb 20, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bargaining councils, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Government, High Court, High Court judges, Interpretation etc, Judges, Labour Relations, Legal Practice, Legality principle, Municipal, Orders, Parties, Pension & retirement funds, Review tests, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

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Irretrievable trust breakdown: Directors not delinquent

by GilesFiles | May 16, 2022 | 2020 onwards, Applications, Causes and defences, Conduct & capacity, Contempt, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Evidence & onus, Fair procedure, Finance, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Pension & retirement funds, Personal services, Private enterprises, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Refunding contributions considered: Disallowed appeal

by GilesFiles | Mar 14, 2022 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Costs not awarded, Courts, Disallowed, Government, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, OL Rogers, Orders, Parties, Pension & retirement funds, Sectors, Statutory, Topics | 0 |

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Enrichment claim considered: Condictio indebiti requirements

by GilesFiles | Dec 23, 2020 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Costs, Costs not awarded, Courts, Disallowed, Exceptions/special pleas, Finance, General, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, MJD Wallis, Municipal, Orders, Parties, Pension & retirement funds, Res judicata (issue estoppel), Roman Dutch law, Rules Codes & Manual, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

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...

Applying legality principle: Must consult over rules

by GilesFiles | Oct 9, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Central, Courts, Declaratory, Government, Judges, Legal Practice, Legality principle, Orders, Parties, Pension & retirement funds, Review tests, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics, Trade unions | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Actio communi dividundo: Co-ownership of property

by GilesFiles | Oct 1, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Courts, Declaratory, General, Judges, Legal Practice, Legislation, MJD Wallis, Orders, Parties, Pension & retirement funds, Roman Dutch law, SCA judges, Sectors, Supreme Court of Appeal, Thought Leaders, Topics, Trustees | 0 |

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...

Sectoral determination exemption: Cut-off date?

by GilesFiles | May 22, 2020 | 2020 onwards, BCEA 1997 (LRL 10), Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Parties, Pension & retirement funds, Roland Sutherland, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Category: Pension & retirement funds