Municipal Employees Pension Fund v Mongwaketse (969/2019) [2020] ZASCA 181 (23 December 2020)

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.