Withholding of Pension Benefits in South Africa: A Nightmare for Pension Fund Members

Abstract

This paper looks at the dynamics of withholding pension benefits in South Africa. It has often been argue that the fund do not have powers to withhold the pension fund and contend that such conduct is unlawful. In the premise the paper will evaluate the right of the employer to claim compensate against the employee through the withholding the pension benefits and the right of the members to their pension benefits. The paper will further determine whether the withholding of pension benefits extends to loss suffered by the employer as a result of employee and employer agreement. Pursuant to this, the principles laid out in the cases shall be evaluated against the backdrops of the challenges and solutions they offered.

DOI: 10.5901/mjss.2014.v5n15p647