Former Robben Island CFO loses bid to unfreeze pension benefit
The ruling found sufficient prima facie evidence for withholding but did not determine whether Karabo Ramela committed fraud or caused the claimed losses.
PFA
FST sets aside pension ruling in dispute between SAIPA and former CEO
The decision clarifies when prior civil proceedings may prevent the Pension Funds Adjudicator from investigating a complaint over withheld benefits.
Death benefit ruling puts Mutsila judgment into practice
Although the retirement fund misapplied section 37C, the OPFA found the same outcome was equitable after applying the Constitutional Court’s guidance.
SCA upholds Adjudicator’s reading of ‘12 months’ in section 37C
The retirement fund was not entitled to pay the benefit into the estate because it only learned of the member’s death more than a year later.
Adjudicator slams fund over unresolved death-benefit claim
Nearly nine years after the claim was lodged, the fund still could not confirm whether the benefit had been allocated or paid.
Retirement industry flags operational risks in dual contribution regime
IRFA says the FSCA is engaging with the Department of Employment and Labour on the issue.
Non-responsive retirement funds face stricter action from Adjudicator
Summonses and subpoenas may be used to address non-cooperation by funds and administrators, as the OPFA seeks to improve the efficiency of its investigations.
Bill gives Labour Court, CCMA, and bargaining councils power to order unpaid contributions
Misaligned statutory deadlines for employee retirement fund contributions raise practical compliance questions, particularly for employers with non-monthly payroll cycles.
Ombud Council issues new rules for Pension Funds Adjudicator
The framework formalises complaint-handling procedures, introduces mechanisms such as conciliation and summary dismissal, and will be implemented in phases.
Employers face dual enforcement for non-payment of retirement contributions
The Minister of Employment and Labour removes a 2003 exemption that shielded employers from labour-inspector oversight.
New Rules for Adjudicator emphasise efficiency, consistency, and COFI readiness
The draft Rules for the Office of the Pension Funds Adjudicator formalise existing procedures and align the OPFA with COFI and the cross-scheme framework.
COFI will redefine the OPFA’s role and scope
Expanding the Office’s mandate to include disputes involving advice will enhance member protection, but there are concerns over jurisdictional overlaps and operational costs.
SCA: Retirement fund agreement for municipal staff is illegal
The majority finds the accreditation mechanism effectively coerced funds to amend their rules or risk losing employer contributions – undermining trustees’ fiduciary duties under the PFA.
Trustees now have ‘clear guidance’ on dependency and benefit allocations
Dependency is assessed at the member’s date of death, and trustees must conduct active investigations and apply a principled equitable allocation process.
Labour inspectors to regain power to enforce contribution compliance
The Department of Employment and Labour is withdrawing a determination that prevented inspectors from enforcing section 34A of the BCEA.
ConCourt clarifies scope of section 30P of the PFA proceedings
The Adjudicator breached audi alteram partem by making adverse findings about a Fund’s investigation without giving it a substantive opportunity to respond.
Apex court clarifies timing of dependency test for death benefit payouts
The Constitutional Court rules that whether someone qualifies as a dependant must be determined as at the date of a retirement fund member’s death, not when the fund decides how to distribute the benefit.
