Volume: Volume 20 - 2016

Article type: Refereed article

Author/s: Mhango, Mtendeweka

This article examines the powers, role and functions of the Pension Funds Adjudicator with a view to determine whether the Adjudicator's functions are administrative or judicial in nature. In recent years, South African courts have disagreed on this question and have offered different interpretations of the nature of the functions performed by the Adjudicator. On the one hand, some courts have consistently held the view that the Adjudicator performs judicial functions, and on the other hand, one court has said that the Adjudicator's functions are administrative in nature and that the provisions of the Promotion of Administrative Justice Act 3 of 2000 apply. The article argues that the preferred interpretation of the law is that the Adjudicator performs a judicial function.

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