Ekurhuleni Metropolitan Municipality v Germiston Municipal Retirement Fund (CCT226/15) [2017] ZACC 1

19th January 2017

Ekurhuleni Metropolitan Municipality v Germiston Municipal Retirement Fund (CCT226/15) [2017] ZACC 1

Pension — Pension fund rule — Jurisdiction — Reconsideration of interpretation of the pension fund rule based on “new” evidence — Can a municipality’s constitutional obligations override its liability in terms of the rule — Enforcement of the rule — Whether it offends public policy — Whether a Pension Fund Board has a duty of good faith toward the Municipality (employer) — No rigid adherence to the requirements of res iudicata