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

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• What happens when the decision is madeon the basis of a factual mistake in theactuarial calculations?• Can the registrar go back and change hisor her decision?– No – he is functus officio.i
• Assuming that the registrar is indeedfunctus in this case, this means that hecannot change his own decision.• In order to correct the mistake the decisionwill need to be set aside by either– A High Court (exercising review power interms of PAJA); or– The appeal board (exercising review power interms of section 26B(15) of the FSB Act).
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 and 18: • In addition to review by the Hi
Page 19: • Practical Example:• Section 1
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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