An Analysis of the Role of Pension Funds Adjudicator in South Africa

Abstract

This article examines the adjudication of complaints at the Office of the Pension Funds Adjudicator. The article looks at the appointment, powers and functions of the Adjudicator. Members are often not aware of what constitutes a complaint in terms of the Act and accordingly refer frivolous complaints to the Office of the Pension Funds Adjudicator causing unnecessary backlog. The article argued that the insertion of chapter VA has been successful in disposing complaints in procedurally fair, economical and expeditious manners. There are however, disputes that appear to fall within the jurisdiction of the Pension Funds Adjudicator and the Commission, Mediation and Arbitration, in order to evade confusion, this article shall determine which matters are out of the Jurisdiction of the Pension Funds Adjudicator so that members can lodge complaints with the appropriate and relevant forum. The article highlights the time-barring provisions and the implications thereof on the resolution of complaints in terms of the Act.

DOI: 10.5901/mjss.2013.v4n13p817