The Constitutional Court disallowed the employer’s appeal and upheld the judgment of the high court after leave to appeal to the SCA was refused.

CC summary:         

Pension — Pension fund rule — Jurisdiction — Reconsideration of interpretation of the pension fund rule based on “new” evidence — Can a municipality’s constitutional obligations override its liability in terms of the rule — Enforcement of the rule — Whether it offends public policy — Whether a Pension Fund Board has a duty of good faith toward the Municipality (employer) — No rigid adherence to the requirements of res iudicata.

Ekurhuleni Metropolitan Municipality v Germiston Municipal Retirement Fund (CCT226/15) [2017] ZACC 1 (17 January 2017) per Nkabinde ADCJ (Mogoeng CJ, Cameron J, Froneman J, Khampepe J, Madlanga J, Mbha AJ, Musi AJ and Zondo J concurring ):