Ghandi Sqaure Property Holdings (Pty) Ltd v Pension Fund Adjudicator and Others (62575/2013) [2014] ZAGPPHC 6

28th February 2014

Ghandi Sqaure Property Holdings (Pty) Ltd v Pension Fund Adjudicator and Others (62575/2013) [2014] ZAGPPHC 6

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1. This is an application for review and to set aside the decision of the first respondent, The Pension Fund Adjudicator, handed down on the 22 August 2013 in the complaint brought against the applicant and the third respondent by the second respondent.

2. The applicant brought this application in terms of Section 30P of the Pension Funds Act 24 of 1956 against the following award or order of the first respondent:

“6.1.1 the Second Respondent is ordered to register with the First Respondent as a participating employer from 1st September 2002 within two weeks of this determination;

6.1.2 the Second Respondent is ordered to register the Applicant as a member of the First Respondent with effect from 1st September 2004 within three weeks of this determination;

6.1.3 the Second Respondent is ordered to submit all outstanding contributing schedules to the First Respondent for the period September 2004 to March 2011, in order to facilitate the computation of the complainant’s withdrawal benefit, within four weeks of this determination;

6.1.4 should the Second Respondent fail to comply with paragraph 6,1.3, the First Respondent is ordered to reconstruct the complainant’s contribution schedule based on the information already in its possession, within four weeks of the Second Respondent’s failure to submit the schedules;

6.1.5 the First Respondent is ordered to compute the complainant’s outstanding withdrawal benefit, together with late payment interest owed by the Second Respondent in terms of Section 13A(7) of the Act, within one week of receiving the contribution schedules in terms of either paragraph 6.1.3 or 6.1.4 (whichever is applicable);

6.1.6 the First Respondent is ordered to transmit to the Second Respondent its computations in paragraph 6.1.5 within three days from completing them;

6.1.7 the Second Respondent is ordered to pay the complainant’s outstanding withdrawal benefit, together with late payment interest as computed in accordance with paragraph 6.1.5 supra, to the First Respondent within one week of receiving the computations from the First Respondent; and

6.1.8 the First Respondent is ordered to pay the complainant his outstanding withdrawal benefit, less any deductions permitted in terms of the Act within one week of receiving payment from the Second Respondent.”