- Flynote
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Whether regulation promulgated by Minister, in terms of which a board
of a pension fund is obliged to place calculable enhancements due to former members who cannot be traced in a contingency reserve fund from which it cannot be released, except as payment to such members or as a result of crediting the Guardian’s Fund or some other fund, is beyond the Minister’s power and not in accordance with the Pension Funds Act 24 of 1956 – Minister arrogating power at odds with the Act – against the principle of legality.
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Cited documents 11
Judgment 3
- Bengwenyama Minerals (Pty) Ltd and Others v Genorah Resources (Pty) Ltd and Others [2010] ZACC 26 (30 November 2010)
- Buffalo City Metropolitan Municipality v Asla Construction (Pty) Ltd [2019] ZACC 15 (16 April 2019)
- Mostert NO v Registrar of Pension Funds and Others (986 of 2016) [2017] ZASCA 108 (15 September 2017)
Legislation 8
- Financial Sector Regulation Act, 2017
- Financial Services Board Act, 1990
- Financial Services Laws General Amendment Act, 2008
- Financial Services Laws General Amendment Act, 2013
- Pension Funds Act, 1956
- Pension Funds Amendment Act, 2007
- Pension Funds Second Amendment Act, 2001
- Promotion of Administrative Justice Act, 2000