CCT226/15

[2017] ZACC 1

2017 (6) BCLR 750 (CC)

Nkabinde ADCJ (majority)

Jafta J (minority)

17 January 2017

http://hdl.handle.net/20.500.12144/3831

Pension fund rule — Jurisdiction — Reconsideration of interpretation of the pension fund rule based on “new” evidence — Can a municipality’s constitutional obligations override its liability in terms of the rule — Enforcement of the rule — Whether it offends public policy — Whether a Pension Fund Board has a duty of good faith toward the Municipality (employer) — No rigid adherence to the requirements of res iudicata