South Africa: Retirement, Superannuation & Pensions

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.

A Timely Reminder For Employers: Compliance With Pension Funds Act Is Non-Negotiable

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...

South Africa Employment

AA

Adams & Adams

No Shortcut Around The Clock: Tribunal Reaffirms Firm Stance On Condonation In Pension Fund Disputes

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...

South Africa Employment

AA

Adams & Adams

Preserving The Status Quo In Pension Fund Disputes: Insights From Cadac Pension Fund And Others v Nash And Others

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...

South Africa Finance

AA

Adams & Adams

High Court Confirms In Duplum Rule Applies To Pension Fund Contributions

In a decision handed down by the Eastern Cape Division of the High Court in Blue Crane Route Municipality v Municipal Workers Retirement Fund and Another, the Court affirmed that the in duplum rule applies equally to statutory interest owed under the Pension Funds Act ("PFA").

South Africa Employment

AA

Adams & Adams

The Limits Of PFA's Authority In Pension Fund Transfers

South Africa Employment

AA

Adams & Adams

Pension Fund Distributions And The Duty To Support Parents

South Africa Employment

AA

Adams & Adams

A Precipitous Move

South Africa Employment

FW

Fairbridges Wertheim Becker

The Consequences Of Failing To Pay Pension Fund Contributions

South Africa Employment

AA

Adams & Adams

The Perils Of Non-Compliance: Lessons From The Municipal Workers' Retirement Fund Judgment

South Africa Employment

AA

Adams & Adams

Understanding South Africa's New 'Two-Pot' Pensions System

South Africa Employment

TS

The Sovereign Group

Death Benefits: Earning A Salary From A Deceased Does Not Qualify One As A Dependant Of The Deceased

South Africa Employment

E

ENS

ENS Tax In Brief

South Africa Tax

E

ENS

SCA Ruling Raises Concerns For Life Rights Buyers In Retirement Housing

South Africa Real Estate

BI

Barnard Inc.

In Review: Week One Of The Two Pot System

South Africa Employment

E

ENS

Fifty Cents, Zero Trust: How A Trivial Shortfall Cost A Teller Her Job

South Africa Employment

FW

Fairbridges Wertheim Becker

Corporate Governance 2025

South Africa Commercial

E

ENS

Africa Tax In Brief

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ENS

Tax Dispute Resolution: Failure To Discharge Onus Of Proof

South Africa Tax

SG

SNG Grant Thornton

Mango's Plan: An Investor, A Creditor, And A Cession

South Africa Commercial

BI

Barnard Inc.

A Timely Reminder For Ex-Employers On Requirements To Be Satisfied For Withholding Ex-Employees Pension Fund Benefits

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.

South Africa Employment

AA

Adams & Adams

ENS Tax In Brief

Below, please find issue 129 of ENS' tax in brief, a snapshot of the latest tax developments in South Africa.

South Africa Tax

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ENS

From Pension To Penalty: Employers Seeking Damages For Employee Misconduct

The Basic Conditions of Employment Act (BCEA) regulates deductions against the benefits of the employee in accordance with provisions set out in Section 34 of the Act.

South Africa Employment

CE

Consolidated Employers Organisation

Balancing Dependant Rights And Testamentary Wishes

Section 37C of the Pension Funds Act (PFA) is crucial for ensuring the equitable distribution of pension benefits after a member's death.

South Africa Family

BI

Barnard Inc.

South Africa Introduces New 'Two-pot' Pension System – Implications For Expats

South Africa Employment

TS

The Sovereign Group

Two Pot Retirement System

South Africa Employment

SG

SNG Grant Thornton

Directors Held Personally Liable For The Non-Payment Of Pension Fund Contributions And The Application Of Prescription To Complaints In Terms Of The Pension Funds Act.

South Africa Employment

E

ENS

Factors For Consideration By Trustees When Withholding A Member's Pension Fund Benefits

South Africa Employment

E

ENS

Is A Reference Letter Worth The Paper It's Printed On?

South Africa Employment

CE

Consolidated Employers Organisation

ENSafrica Tax In Brief

South Africa Tax

E

ENS

Budget Speech 2024: South Africa Needs A Bigger Pie

South Africa Tax

BI

Barnard Inc.

Shared Lives, Separate Laws: Understanding Cohabitation Without An Agreement

South Africa Family

BI

Barnard Inc.

Fiduciary Law In 2024: Essential Wills Guidance For Business Owners

South Africa Family

BI

Barnard Inc.

Retirement: What Is The "Two-Pot" System?

South Africa Employment

BI

Barnard Inc.

Budget Speech 2024: South Africa Needs A Bigger Pie

Enoch Godongwana, Minister of Finance delivered his budget speech on 21 February, and his opening remark reaffirmed what all South Africans are so acutely aware of – South Africa...

South Africa Tax

BI

Barnard Inc.

Shared Lives, Separate Laws: Understanding Cohabitation Without An Agreement

Cohabitation relationships refer to the act of living together with someone in an intimate and committed relationship without being married or in a civil partnership.

South Africa Family

BI

Barnard Inc.

Fiduciary Law In 2024: Essential Wills Guidance For Business Owners

Regardless of if you're a small business entrepreneur or a medium-sized business owner, planning for a family, or just married, a Will is one of the most crucial documents you'll ever sign.

South Africa Family

BI

Barnard Inc.

Retirement: What Is The "Two-Pot" System?

The National Treasury and Parliament have introduced a new retirement system to replace the current Pension and Provident retirement systems.

South Africa Employment

BI

Barnard Inc.

South African Government Proposes 'Two-Pot System' For Retirement Funds

South Africa Employment

TS

The Sovereign Group

Courts Should Only Adjudicate On Issues Raised In The Pleadings Or During Trial

In the case between Mr Tsietsi Philemon Mashola and Mrs Makwena Delina Mashola, the Supreme Court of Appeal was tasked with determining whether, following their divorce...

South Africa Employment

E

ENS

Africa Tax In Brief

In March 2023, Angola became the 166th member of the Global Forum on Transparency and Exchange of Information for Tax Purposes. They have committed to...

E

ENS

Should Financial Advisors Consider ESG Factors When Advising Their Clients?

Savers and investors rely on their financial advisors to counsel them to prudently invest hard earned savings to meet their long term needs. South Africa has a large advisory...

South Africa Environment

E

ENS

Retirement: Clarity On An Age-old Debate

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...

South Africa Employment

E

ENS

Court Confirms That Employers May Be Able To Claim Damages From An Employee's Pension Fund

South Africa Employment

E

ENS

Webinar | Retirement Funds: Key Developments (Video)

South Africa Finance

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ENS

Retirement Funds: Key Developments (Video)

South Africa Employment

E

ENS

Arrear Employer Contributions | Key Development For Employers And Retirement Funds

South Africa Finance

E

ENS

Andersen Tax Review — March 2021

South Africa Tax

Tf

Tabacks

Exchange Control – Emigration

South Africa Finance

B

Bowmans

2021/2022 Budget Proposals – Tax Overview

South Africa Tax

WA

Werksmans Attorneys

Increase To BCEA Earnings Threshold

South Africa Employment

WA

Werksmans Attorneys

The Registrar General Of Lesotho Retires

South Africa Government

AA

Adams & Adams

South African Supreme Court Of Appeal Declares Regulation 35(4) Invalid

South Africa Finance

B

Bowmans

South African Provident Funds Annuitisation: Feel It – It Is Here (And No, It Is Not The World Cup)!

South Africa Finance

B

Bowmans

ENSafrica Draft Tax Bills Update

South Africa Tax

E

ENS

Draft Conditions For Pension Funds' Use Of Derivatives Published For Comment

South Africa Finance

E

ENS

When Should The Labour Court Intervene In A Retrenchment Process?

South Africa Employment

E

ENS

Is There An Obligation On The Employer To Pay Retirement Fund Contributions Amid The Covid-19 Pandemic

South Africa Coronavirus

F

Fasken

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Latest Videos

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Webinar | Retirement Funds: Key Developments (Video)

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ENS

Retirement Funds: Key Developments (Video)

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ENS

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