IN THE HIGH COURT OF SOUTH AFRICA

(GAUTENG DIVISION, PRETORIA)

	Case number: 1094/2018

DELETE WHICHEVER IS NOT APPLICABLE
(1)	REPORTABLE: NO
(2)	OF INTEREST TO OTHERS JUDGES: NO
(3)	REVISED

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         DATE                           SIGNATURE

						
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 (“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