Mzwakhe Poswa

Public protest is a protected constitutional right in South Africa. However, when protest action moves from traditional public spaces into privately owned commercial environments such as shopping-centres, a different set of legal and risk considerations arises. Recent incidents, both locally and internationally, have drawn attention to the legal responsibilities of shopping-centre management when protest activity […]

A recent decision by the Financial Services Tribunal (“Tribunal”) has revisited an old but recurring question under the Pension Funds Act (“the Act”): can an employer rely on Section 37D(1)(b)(ii)(bb) to recover losses from an employee’s pension benefit where the employee’s conduct was grossly negligent, but not dishonest? The case arose from an incident at […]

When contributions to a provident fund are not paid, it is the beneficiaries who suffer the most. A reconsideration application before the Financial Services Tribunal (“the Tribunal”) confirmed that employers remain bound to honour their obligations, regardless of probationary status of employees or business transfers. The application arose from contributions that were not paid on […]

On 8 August 2025, the Constitutional Court handed down its unanimous judgment in Mutsila v Municipal Gratuity Fund and Others, a case that brought into sharp focus the obligations of pension and retirement funds when allocating death benefits under Section 37C of the Pension Funds Act (“the Act”). At its heart was a dispute over […]

Introduction The Financial Services Tribunal’s decision in Sehlabaka v The Pension Funds Adjudicator & Others delivers a stern reminder: the three-year time limit for filing complaints with the Pension Funds Adjudicator (“the Adjudicator”) is not a flexible rule, but it is a strict legal requirement. If a complaint is brought after that period, the Adjudicator […]

The recent decision in PRSS Solution (Pty) Ltd v M G Marara and Others by the Financial Services Tribunal (the Tribunal) underscores the crucial responsibility of employers to comply with their obligations under the Pension Funds Act (the Act). In particular, this includes registering employees with a pension fund and notifying the fund upon their […]

In the recent decision of NN and OB Transport CC and Others v Transport Sector Retirement Fund and Others, the Financial Services Tribunal dismissed the employer’s application for reconsideration of a Pension Funds Adjudicator’s determination. At the heart of the dismissal was not only a lack of merit in the underlying dispute, but a critical […]

Introduction The recent High Court judgement in Cadac Pension Fund and Others v Nash and Others (Gauteng Division, Johannesburg, 16 April 2025) offers important guidance on the role of interim interdicts in pension fund disputes — particularly where issues of curatorship, member entitlements, and alleged fund mismanagement are concerned. The case deals with a pension […]

On 25 March 2025, the Financial Services Tribunal handed down a crucial decision in Auto Workers Provident Fund v Thulani Nyalungu & Others, providing essential guidance on the extent of the Pension Funds Adjudicator’s (“PFA”) authority when handling member complaints concerning pension fund transfers. The ruling emphasises the importance of adhering to pension fund rules […]

The recognition of factual dependency plays a crucial role in pension fund law, particularly in the allocation of death benefits under Section 37C of the Pension Funds Act (“the PFA”). The decision of the Financial Services Tribunal (“the Tribunal”) in Semenya and Others v Old Mutual Superfund Pension Fund and Others (“the Semenya case”) provides […]

Pension fund contributions are not discretionary payments; they are statutory obligations. Employers who fail to comply with these requirements not only prejudice their employees but also risk significant legal consequences. This principle was recently reinforced in Engineering Industries Pension Fund & Metal Industries Provident Fund v Installair (Pty) Ltd & Others.   The Issue at Hand  […]

The recent judgment of Municipal Workers’ Retirement Fund v Mafube Local Municipality and Others highlights the severe consequences of failing to meet statutory obligations under the Pension Funds Act 24 of 1956 (“the PFA”). Delivered by Opperman J, the judgment emphasises the importance of compliance with section 13A of the Act. At the heart of […]

Most South Africans are not aware of the different platforms available to them in situations when they are aggrieved by the conduct of a legal practitioner. Some of these platforms are more expensive than others, depending on various factors which differ from case to case. One of the most recently introduced platforms is the Legal […]

When lodging a claim with the Road Accident Fund (“RAF”), road accident victims (“claimants”) may claim compensation under different heads of damages, i.e. past loss of earnings, future loss of earnings/earning capacity, general damages, past hospital and medical expenses, future hospital and medical expenses, as well as loss of support claims. In some people’s minds, […]