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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Judicial answer to the application of a market level adjuster and the broad construction of a complaint under the South African Pension Funds Act
Author:Mhango, MtendewekaISNI
Periodical:Journal of African Law (ISSN 1464-3731)
Geographic term:South Africa
External link:https://doi.org/10.1017/S0021855315000078
Abstract:The jurisdiction of the Adjudicator is one of the most litigated and academically debated subjects in modern pension law in South Africa. This article adds to the debate by discussing a recent case decided by the Supreme Court of Appeal in Mungal. In this case, the court construed the Adjudicator's jurisdiction broadly and, in the process, made some important pronouncements which warrant academic commentary. The article argues that Mungal should be welcomed because it clarified that the Adjudicator has jurisdiction to determine disputes against insurers of underwritten pension fund organizations. The author maintains that, by construing the Adjudicator's jurisdiction broadly, the court empowered the Adjudicator to achieve its mandate of disposing of complaints in a procedurally fair, economical and expeditious manner, and to extend services to lay complainants. Notes, ref., sum. [Journal abstract]