The Registrar of Pension Funds' locus standi to review the
decisions of the Appeal Board in South Africa.
A decision-maker, as contemplated in the Financial Services
Board Act, 1990, ("FSB Act"), makes a decision, the
decision is appealed and the Appeal Board substitutes that
decision. That decision-maker then decides to take the matter on
review to the High Court. Does he or she, in terms of the relevant
legislation, have locus standi to challenge the Appeal
Board's decision? This question was recently raised and
answered in the Supreme Court of Appeal in the matter between the
Registrar of Pension Funds v Financial Services Appeal Board
(222/2015) ZASA 203 (2 December 2015), which was written as a
separate judgment, on this point alone, emanating from Tellumat
(Pty) Ltd v Appeal Board of the Financial Services Board
(221/2015) [2015] ZASCA 202.
