The Gauteng Division, Johannesburg considered an application by Emfuleni Local Municipality to recover remuneration paid to a former employee and to access his pension interest through the Municipality Gratuity Fund. The Court found that the Municipality had not established on the papers that he rendered no services between October 2020 and his resignation, and dismissed Part B of the application. The interim restraint made in Part A was discharged.
This appears to concern motion proceedings, disputed facts, and section 37D of the Pension Funds Act in relation to a municipal employee and a pension fund.
Evidence from source
The Municipality has therefore not established on these papers that Mr Munwai rendered no services between October 2020 and his resignation.
Supports: Summary sentence that the Court found the Municipality had not established non-performance.
Part B of the application is dismissed.
Supports: Summary sentence that Part B was dismissed.
paragraph 2.1 will be expressly discharged.
Supports: Summary sentence that the interim restraint in Part A was discharged.