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The Retirement Fund Reform Discussion Paper issued by the National Treasury in December 2004 elicited suggestions from a wide range of institutions and people. There were a number of excellent suggestions put forward and it is to be hoped that many of them will be incorporated into the draft Bill, which is now eagerly awaited.

On 25 March 2025, the Financial Services Tribunal handed down a crucial decision in Auto Workers Provident Fund v Thulani Nyalungu & Others...

The South African Income Tax Act, 1962 (the "Income Tax Act") contains exemptions from income tax that apply to institutions such as pension funds, certain universities and non-profit public benefit organisations...

The Supreme Court of Appeal examines whether a pension fund can successfully rescind a default judgment when its absence from proceedings resulted from internal administrative failures. The case explores the boundaries between procedural error and voluntary default, testing whether gross negligence in responding to legal process can be excused by the strength of a potential defence.

The application of the apportionment rules to South African retirement fund benefits due to South African residents who contributed to these funds while they worked abroad, is currently not clear.

The two-pot retirement system is a reform that will allow retirement fund members to make partial withdrawals from their retirement funds before retirement, while preserving a portion...

In a bid to reform the retirement system, the South African government has put forward a proposal for a two-pot system, aimed at providing greater clarity and flexibility for retirement fund members...

The Draft Conditions are an improvement over the first attempt at this regulation, which was released by then Financial Services Board in 2010.

When employers inappropriately impose the normal retirement age of 65. Slabbert v Muji Motor Group (Pty) Ltd (2024) 45 ILJ 2817 (LC)The above matter came before the Labour Court as an automatically unfair dismissal.

When employees are dismissed or abscond following suspected theft or misappropriation of funds, ex-employers often attempt to recover the lost funds from the ex-employee's pension benefits.

A recent decision by the Financial Services Tribunal ("Tribunal") has revisited an old but recurring question under the Pension Funds Act ("the Act"):...

The 2017 South African Budget Review, published on 22 February 2017, contained several statements that may be of interest to pension funds, their investment managers and administrators.

If an employee causes an employer damage through dishonesty, theft, fraud or misconduct, the South African Pension Funds Act, 1956 provides that the employer may, in certain circumstances...

What are the legal consequences of an employee continuing to work after the employee has reached the agreed upon retirement age? Does a new contract of employment come...

The objective of the two-pot retirement system is to provide flexibility for fund members and to strike a balance between long-term security and immediate need.

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.

The economic climate in which many South African firms operate has meant that dismissals for operational requirements have become an inescapable concern.