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[2021] ZAGPPHC 21
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Municipal Workers' Retirement Fund v Financial Sector Conduct Authority and Another (1094/2018) [2021] ZAGPPHC 21 (6 January 2021)
IN
THE HIGH COURT OF SOUTH AFRICA
(GAUTENG
DIVISION, PRETORIA)
(1)
REPORTABLE:
NO
(2)
OF
INTEREST TO OTHERS JUDGES: NO
(3)
REVISED
Case
number: 1094/2018
In
the matter between:
MUNICIPAL
WORKERS’ RETIREMENT FUND
Applicant
(Respondent
in the application for leave to appeal)
and
THE
FINANCIAL SECTOR CONDUCT AUTHORITY
First Respondent
(Applicant
in the application for leave to appeal)
THE
FINANCIAL SERVICES
BOARD
Second Respondent
JUDGMENT:
APPLICATION FOR LEAVE TO APPEAL
BASSON
J
[1]
This
is an application for leave to appeal brought by the first respondent
(the Financial Sector Authority – “the Authority”)
against the judgment and order of this court. The application for
leave to appeal is opposed by the applicant (the Municipal Workers’
Retirement Fund - “the Fund”).
[2]
The
test for leave to appeal is set out in section 17(1)(a)(i) of the
Superior Court Act which requires that leave to appeal be
granted
where the Judge concerned is of the opinion that there is a
reasonable prospect that another court would take a different
view
regarding the order of the Court.
[3]
In
this matter the Court was required to interpret the provisions of
section 7A(1) of the Pension Funds Act
[1]
(“PFA”) with particular reference to the question whether
the Fund’s board of trustees as constituted at the
time
complies with section 7A(1) of the PFA;.
[4]
I
have considered the extensive and very helpful written submissions
filed on behalf of both parties. I am of the view that this
is a
matter that merits the consideration of another court. I am, however,
not persuaded that this matter warrants the attention
of the Supreme
Court of Appeals in terms of section 17(6)(a) of the Superior Courts
Act.
Order
[5]
Leave
to appeal is granted to the Full Court of this Division. Costs of
this application to be costs in the appeal.
AC BASSON
JUDGE OF THE HIGH COURT
GAUTENG DIVISION OF THE HIGH
COURT, PRETORIA
Electronically submitted
therefore unsigned
Delivered: This judgment
was prepared and authored by the Judge whose name is reflected and is
handed down electronically
by circulation to the Parties/their legal
representatives by email and by uploading it to the electronic file
of this matter on
CaseLines. The date for hand-down is deemed to be 6
January 2021.
Appearances:
For
the Applicant:
Adv
A Cockrell SC, Adv LS Mbatha
Instructed
by: Mothle Jooma Sabdia Inc.
For
the Respondent:
Adv
CE Watt-Pringle SC, Adv KS McLean
Instructed
by: Shepstone Wylie Attorneys
[1]
Act 24 of 1956.