
Document checklist falls short in retirement fund withdrawal dispute
The Tribunal found that evidence of tax non-residence must be assessed against the legislation, with clear reasons given when it is considered insufficient.

The Tribunal found that evidence of tax non-residence must be assessed against the legislation, with clear reasons given when it is considered insufficient.

The FST rejects the member’s loss calculation based on assumed money market returns, affirming that the fund’s rules limit accrual to bank interest.

The decision makes clear the requirements for a lawful withholding: a prima facie case of dishonesty and demonstrable, timely steps by the employer to recover losses.

SARS can appoint third parties to deduct tax debts directly from retirement funds, overriding the protections under the Pension Funds Act.

Old Mutual provides context to the Molefi complaint, and how the group is planning to address the alleged non-payment.