This blog is co-authored by Francisco Andrade-Nobrega and Zubenathi Ndlwana, candidate attorneys.
Introduction
In January 2025, the High Court delivered a judgment ordering personal liability of the directors of an employer that failed to pay over employees’ pension contributions to the relevant pension funds.
The applicants sought payment of outstanding pension fund contributions from the
For someone who regularly pleads for succinct plain language laws, the FSCA Communication of the draft exemption of retail funds from the requirements of section 14(1) of the Pension Funds Act needs to be highlighted as achieving this requirement.
The brief draft exemption and the communication that goes with it uses plain language and short sentences
The Financial Services Tribunal has brought much-needed clarity to the position of statements made under section 112(2) of the Criminal Procedure Act, 1977 (CPA) and the implication under section 37D of the Pension Funds Act, 1956 (PFA). On 23 October 2024, the FST in the case of Nyathi South Africa (Pty) Ltd v
The High Court in South African Retirement Annuity Fund v Pension Funds Adjudicator and Another clarified that the twelve-month period within which funds are to trace dependants commences to run from the date on which the fund is notified of the death of the member and not on the date of death of the member.