- Flynote
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Pension fund – acceptance as member of person not qualified to be a member – acceptance contrary to rules of fund – ultra vires and void – membership contract void for common mistake – estoppel and waiver not available to fund – complaint to Pension Funds Adjudicator in terms of s 30A of the Pension Funds Act 28 of 1956 (the PFA) – scope of Adjudicator's jurisdiction – whether claim for repayment of contributions a complaint as defined in s 1 of PFA – whether a non-member can be a complainant as defined in s 1 of PFA – whether jurisdiction to determine enrichment claim for recovery of contributions made by person not qualified to be a member – condictio indebiti requirements.
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Cited documents 19
Judgment 14
Legislation 4
1. | Local Government: Municipal Systems Act, 2000 | 4368 citations |
2. | Labour Relations Act, 1995 | 1970 citations |
3. | Pension Funds Act, 1956 | 1515 citations |
4. | Prescription Act, 1969 | 563 citations |
Documents citing this one 1
Judgment 1
1. | Tongaat Hulett Sugar South Africa Ltd v Tongaat Hulett Pension Fund 2010 and Others (AR27/2022) [2023] ZAKZPHC 33 (3 March 2023) |