Court name
Supreme Court of Appeal of South Africa
Case number
1134 of 2020

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

Media neutral citation
[2021] ZASCA 186
Case summary:

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 2 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

Petse AP
Makgoka JA
Plasket JA
Molefe AJA
Unterhalter AJA