Lesetja Mochaki

Know your Fund Rules: when can a Pension Fund be held liable for investment loss?

Factual exposition: Mr Carl Francois Conradie (“Mr Conradie”) had been employed from 01 January 1993 until he retired on 31 January 2022. During his employment, he belonged to his employer’s pension fund, and monthly contributions were deducted from his salary. In August 2013, Mr Conradie transferred from his employer’s pension fund to join Fundsatwork Umbrella […]

Commercial LitigationDispute ResolutionLABOUR LAWLabour LawLesetja MochakiLitigationMtho Maphumulo

Joining a Defendant After Death: Why It Doesn’t Save an Extinguished Claim

The Gauteng Division of the High Court, Pretoria, recently had to decide an issue in the judgment of Maoto N.O v Minister of Police (54912/2014) concerning the transmissibility of a non-patrimonial damages claim to a deceased estate in circumstances where the joinder of a party to the main proceedings post-dated the death of the deceased. […]

Dispute ResolutionINSURANCELesetja Mochaki