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South African Municipal Workers Union National Provident Fund v Dihlabeng Local Municipality and Others (65/2022) [2023] ZASCA 55

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South African Municipal Workers Union National Provident Fund v Dihlabeng Local Municipality and Others (65/2022) [2023] ZASCA 55

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21st April 2023

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[1]     The appellant, the South African Municipal Workers’ Union National Provident Fund (the Fund), instituted an application in the Free State Division of the High Court, Bloemfontein (the high court) in terms of s 13A of the Pension Funds Act 24 of 1956 (the Act), for payment of certain alleged arrear pension fund contributions as well as statutory interest thereon from the first respondent, Dihlabeng Local Municipality (the Municipality), and demanded the provision of certain minimum information claimed from the Municipality. The application was dismissed with costs. This appeal is with leave of the high court.

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[2]    The Fund is a pension fund as defined in the Act. The Municipality is a participating employer in the Fund with statutory monthly contributory payment obligations in terms of the Act and the Fund rules. On 6 April 2009, various employees of the Municipality engaged in an unprotected strike resulting in their subsequent dismissal on 31 July 2009 following a disciplinary hearing. Pursuant to their dismissal, the Municipality paid their pro rata annual bonuses and accrued leave in addition to their remuneration.

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