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

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• Overview of the presentation– Powers of the registrar;– Review of the registrar’s decisions and the functusofficio doctrine;– Review under PAJA – grounds of review, theprocedure to be followed and remedies;– Review by the appeal board – grounds of review andremedies; and– Practical example of the review of a decision of aregistrar to approve an apportionment scheme wherethe decision is flawed because it was based on amistake of fact in actuarial calculations.l
• Powers of the registrar in terms of the PensionFunds Act include:– Registration and supervision of the affairs of pensionfunds (sections 4-13);– Approval of transactions relating to the amalgamationand transfer of businesses (section 14);– Reporting of audited accounts, documents andreports (sections 15, 20);– Powers to call for certain documents and ofinspection (sections 16, 21-22, 22, 24-25); 25); and– Wide powers of intervention, management andwinding-up of funds (sections 26-29)29).(See FSB v de Wet NO 2002 (3) SA 525 (C) at [169]-[172].)
Page 1: REVIEW OFDECISIONS OFTHE REGISTRART
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 and 18: • In addition to review by the Hi
Page 19 and 20: • Practical Example:• Section 1
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

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