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Cited documents 3
Act
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Finance and Money
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Finance and Money
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Human Rights
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Documents citing this one 3
Judgment
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Pension fund – acceptance as member of person not qualified to be a member – acceptance contrary to rules of fund – ultra vires and void – membership contract void for common mistake – estoppel and waiver not available to fund – complaint to Pension Funds Adjudicator in terms of s 30A of the Pension Funds Act 28 of 1956 (the PFA) – scope of Adjudicator's jurisdiction – whether claim for repayment of contributions a complaint as defined in s 1 of PFA – whether a non-member can be a complainant as defined in s 1 of PFA – whether jurisdiction to determine enrichment claim for recovery of contributions made by person not qualified to be a member – condictio indebiti requirements. |
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Interpretation of the order of the Constitutional Court – assessment of equitable compensation in a ‘special contract’ – test for reviewability of determination of a Chief Executive Officer (CEO) as a deadlock breaker – test as formulated in Bekker v RSA Factors (Bekker test) distinct from the test for reviewability under the Promotion of Administrative Justice Act 3 of 2000 – requirements to satisfy the Bekker test – high court did not apply the second leg of the Bekker test – order of the high court remitting the determination to the CEO with a list of directives not sought – Bekker test amplified with the caveat in Dublin v Diner – Dean v Prince : reasonableness, fairness and bona fides
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Pension Fund Act 24 of 1956 – whether the Pension Funds Adjudicator had jurisdiction to consider a complaint by a claimant who lodged their complaint directly with the Pension Funds Adjudicator – whether the audi alteram partem rule was violated in that the Municipality Gratuity Fund was not provided an opportunity to make representations to the Pension Funds Adjudicator
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