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 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