When can employers legally deduct from or withhold an employee’s pension payout?

Loading player...
Kagiso Lebethe - Senior Employee Relations Specialist talks When can employers legally deduct from or withhold an employee’s pension payout?

If an employee causes an employer damage through dishonesty, theft, fraud or misconduct, the South African Pension Funds Act, 1956 provides that the employer may, in certain circumstances, recover losses from the benefits payable to that employee when the employee ceases to be a member of the fund or retires.
However, this will only apply if the employee has admitted liability in writing to the employer or if a judgment has been given against the employee in any court.
An employer could, however, encounter problems if the employee has not admitted guilt and demands payment of their benefit in circumstances where the employer has yet to obtain a judgment against the employee. In this situation, the courts have held that, in appropriate circumstances, the trustees of the fund may withhold the payment of the benefit, or a part thereof, pending the employer obtaining a court order.
In the past, the Pension Funds Adjudicator has been hesitant to sanction the withholding of retirement benefits from employees in the absence of a court order being obtained by the employer against the employee, unless extremely compelling reasons to do so existed.
22 Nov 2022 1PM English South Africa Business News · Investing

Other recent episodes

Africa’s Delivery Generation: Youth Demand Jobs & Clean Government

The African Youth Survey 2026 reveals a rising generation more optimistic than at any time since the pandemic — but demanding delivery, accountability and economic dignity. Commissioner Ivor Ichikowitz unpacks why optimism has surged, why cost‑of‑living pressures dominate youth concerns, and why young Africans support democracy but reject Western models…
29 Jul 1PM 12 min

SA’s Energy Future in a Volatile World

South Africa’s Presidential Climate Commission, the Presidential Economic Advisory Council and the National Planning Commission have issued a joint advisory note on how the country should navigate its Just Energy Transition amid ongoing geopolitical shocks. Dipak Patel unpacks Africa’s vulnerability to imported fossil fuels, the urgency of accelerating renewable energy,…
29 Jul 12PM 14 min

Building a Future‑Ready Mining & Energy Company: Mantengu’s Next Chapter

Mantengu CEO Magen Naidoo shares how he is steering the company into a new era — blending mining and energy strategy, people‑centred leadership, fiscal discipline and operational transformation. With 24 years of experience, including 17 at Deloitte, Naidoo discusses culture, capability building, risk management and what it takes to build…
28 Jul 1PM 16 min

AI, 4IR & Mining’s Future: Human‑Centred Innovation for Africa

RIIS energy and sustainability expert Sylvesters Okello unpacks PwC’s Ten Insights into 4IR in South African Mining. We explore CEO‑driven AI adoption, the sector’s poor data maturity, the massive digital skills gap, and why mining must embrace human‑centred technology. A powerful conversation on how AI can enhance safety, productivity and…
28 Jul 1PM 14 min

Kumba Iron Ore’s H1 Profit down 41% on Global Headwinds

Kumba Iron Ore delivered R10.9bn EBITDA despite a challenging external environment, rising unit costs and softer production. CEO Mpumi Zikalala discusses maintaining a 35% margin, navigating logistics constraints, declaring a R7.90 interim dividend, and driving sustainability — from fatality‑free operations to renewable energy integration. A deep dive into leadership, cost…
28 Jul 1PM 14 min