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Hunter v Financial Sector Conduct Authority and Others (CCT165/17) [2018] ZACC 31

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Hunter v Financial Sector Conduct Authority and Others (CCT165/17) [2018] ZACC 31

21st September 2018

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Click here to read the full judgment on Saflii

[1] This is an application for leave to appeal against the whole judgment and order of the High Court of South Africa, Gauteng Division, Pretoria (High Court) and the Supreme Court of Appeal’s dismissal of the application by Ms Rosemary Thérésé Hunter (Ms Hunter) to compel the Financial Sector Conduct Authority (FSCA) to procure an investigation into alleged irregularities that occurred during the implementation of the “cancellations project”.  More than 4600 pension funds without properly constituted boards were cancelled by the registrar in terms of section 27[1] of the Pension Funds Act[2] (PFA).

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[2] The application is opposed by the first to fifth respondents.  The third and fourth respondents brought a conditional counter-application in respect of the issue of costs in the High Court.  Casual Workers Advice Office (CWAO) has been admitted as the first amicus curiae.  Right2Know Campaign (R2K) has brought an application to be admitted as second amicus curiae.  For the reasons set out later, R2K is admitted as an amicus curiae.[3]

[3] After the hearing of this matter, Ms Hunter brought a further application for leave to file an order made by the High Court on 14 March 2018 and a founding affidavit in the same matter. The order set aside the cancellation of the registrations of 25 pension funds.  This application is opposed by the respondents.

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