The Constitutional Court has provided much needed certainty to the retirement fund industry following the surprising April 2022 judgment of the Supreme Court of Appeal in Municipal Employees Pension Fund & Another v Pandelani Midas Mudau and Another.

On 02 August 2023, the Constitutional Court overturned the SCA judgment. The facts of the matter

In October 2022, the High Court in KeyHealth Medical Scheme v Ngoepe No and Others considered whether the court a quo was correct in finding that a medical scheme was prohibited from using day-to-day benefits to fund the treatment and costs of Prescribed Minimum Benefit (PMB) conditions. The court found that the source of the

This blog was co-authored by: Bwanika Lwanga, Candidate Attorney

In June 2022, the High Court held that a claim by a provident fund for interest on late-paid contributions had prescribed.

The parties signed an acknowledgement of debt on 26 November 2013 for a total of R12 488 219. 04 owed by an employer to the

In Nicolaas Albertus Van Rhyn and Another v The Pension Funds Adjudicator and Others, the applicants brought an application for review and remittal back for reconsideration of a determination by the Pension Fund Adjudicator (PFA). Providing the High court of South Africa (Court) with an opportunity to consider the final and binding nature of

In February 2021, the Financial Services Tribunal (“FST”) in L.S Ngqengelele v Afrisam South Africa (Pty) Ltd considered the question of when a fund may withhold and deduct money from a member’s benefit in accordance with section 37D(1)(b)(ii) of the Pension Funds Act (“PFA”).

Section 37D(1)(b)(ii) of the PFA, allows a fund to deduct from