Constitutional Court to hear case of irregular cancellation of pension funds

Lawyers for Human Rights (LHR) will appear at the Constitutional Court tomorrow in the matter of Rosemary Hunter v the Financial Services Board and others. The case concerns the irregular cancelation of thousands of pension funds by the registrar of the Financial Services Board (FSB) and the proper exercise of constitutional duties of public officials. LHR represent the Casual Workers Advice Office (CWAO) who have been admitted as amicus curiae in the matter.

The applicant in the matter is a former deputy executive officer at the FSB who discovered irregulaties in the manner pension funds were being cancelled without due process and attempted to address the matter within the FSB. CWAO’s submissions in the matter speak specifically to the positive obligation that the FSB has to respect, protect, promote and fulfil the fundamental right to just administrative action. CWAO further argues that the Registrar of Pension funds bears a duty to proactively seek out beneficiaries of funds with unclaimed benefits before cancelling pension funds.The matter is important in laying out the constitutional obligations of the FSB and the registrar of pension funds to ensure that beneficiaries of funds are adequately protected.

For more information contact:

Wayne Ncube

Attorney: Strategic Litigation

011 339 1960

OR

Carol Mohlala

Media and Communications Manager

079 238 9826