Post Office Retirement Fund v South African Post Office SOC Ltd and Others (1134/2020) [2021] ZASCA 186 (30 December 2021)

Citation
Post Office Retirement Fund v South African Post Office SOC Ltd and Others (1134/2020) [2021] ZASCA 186 (30 December 2021)
Media Neutral Citation
[2021] ZASCA 186
Hearing date
11 November 2021
Court
Supreme Court of Appeal of South Africa
Case number
1134/2020
Judges
Plasket JA, Petse AP, Makgoka JA, Molefe JA, Unterhalte AJA
Judgment date
30 December 2021
Language
English
Type
Judgment
Media summary
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Flynote

Posts and Telecommunications-Related Matters Act 44 of 1958 – rules
of Post Office Retirement Fund (the Fund) – rule 3 requires the South African Post
Office (SAPO) to pay to the Fund pension contributions, including employees’
contributions, on a monthly basis – SAPO stopped paying contributions – rule 3 places
an obligation on SAPO to pay contributions – the obligation to pay has not been extinguished or deferred by intervening impossibility of performance – the obligation
to pay may not be avoided by SAPO deciding not to pay the Fund, but to pay other
creditors instead.

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