review of decisions of decisions of the registrar - Pension Lawyers ...

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• Section 26B(15) provides that:“The appeal board may—(a) confirm, set aside or vary the decision underappeal, and order that any such decision of the appealboard be given effect to; or(b) remit the matter for reconsideration by thedecision-maker concerned in accordance with suchdirections, if any, as the appeal board may determine. ”• These are slightly narrower than the powers of a HighCourt.• The decision of the appeal board has the same legalstatus as a decision of a High Court (section 26B(17)).
• Practical Example:• Section 15B of the Pension Funds Act sets out theprocedure whereby an apportionment scheme forthe distribution surplus funds to various stakeholdersis created and approved by the registrar.• Section 15B(9)(b)(a) states that in order for anapportionment scheme to be valid“… the registrar [must be] satisfied that the statutory actuarialvaluation has been prepared on actuarially sound and acceptableprinciples prescribed”.• The registrar then considers whether this is thecase, and makes a decision as to whether toapprove the scheme or not.
Page 1 and 2: REVIEW OFDECISIONS OFTHE REGISTRART
Page 3 and 4: • Powers of the registrar in term
Page 5 and 6: • The registrar may, however, mak
Page 7 and 8: • Functus Officio doctrine- Once
Page 9 and 10: • See Pering Mine (Pty) Ltd v Dir
Page 11 and 12: • Section 6 of PAJA sets the grou
Page 13 and 14: • Section 7(3) of PAJA recognises
Page 15 and 16: • Remedies of the High Court (sec
Page 17: • In addition to review by the Hi
Page 21 and 22: • Assuming that the registrar is
Page 23 and 24: • Note that only an ‘aggrieved
Page 25 and 26: • Ultimately this question will h
Page 27: - k• Nichol v Registrar of Pensio

review of decisions of decisions of the registrar - Pension Lawyers ...

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