Mtyhopo v South African Municipal Workers Union National Provident Fund (CCT 48/15) [2015] ZACC 32

2nd October 2015

 Mtyhopo v South African Municipal Workers Union National Provident Fund (CCT 48/15) [2015] ZACC 32

The Constitutional Court handed down a judgment concerning defamation and the right to freedom of expression. The  applicant, Mr  Ayanda  Mtyhopo, is a member of the respondent, the South African
Municipal Workers Union National Provident Fund (Fund). Mr Mtyhopo and other union members were unhappy with the administration and management of the Fund and wanted to leave.

From 2000, the South African Local Government Bargaining Council imposed a moratorium on
transfers between funds, pending negotiations on the structure of municipal pension funds.
This meant Mr Mtyhopo and the other disgruntled members could not leave the Fund.