An Analysis of the Role of Pension Funds Adjudicator in South Africa
This article examines the adjudication of complaints at the Office of the Pension Funds Adjudicator. The article looks at the appointment, powers and functions of the Adjudicator. Members are often not aware of what constitutes a complaint in terms of the Act and accordingly refer frivolous complaints to the Office of the Pension Funds Adjudicator causing unnecessary backlog. The article argued that the insertion of chapter VA has been successful in disposing complaints in procedurally fair, economical and expeditious manners. There are however, disputes that appear to fall within the jurisdiction of the Pension Funds Adjudicator and the Commission, Mediation and Arbitration, in order to evade confusion, this article shall determine which matters are out of the Jurisdiction of the Pension Funds Adjudicator so that members can lodge complaints with the appropriate and relevant forum. The article highlights the time-barring provisions and the implications thereof on the resolution of complaints in terms of the Act. DOI: 10.5901/mjss.2013.v4n13p817
Retirement reforms laws : a comparative study between South Africa and Chile
i DECLARATION BY SUPERVISOR ii DECLARATION BY STUDENT iii
Litigants in person: Unrepresented litigants in first instance proceedings
This study seeks to define the different ways in which unrepresented litigants manifest themselves within proceedings, and explore the difficulties posed to unrepresented litigants, court staff, judges and opponents. The report explores detailed quantitative and qualitative data on unrepresented litigants in first instance civil and family cases, excluding small claims. It finds that unrepresented parties are common, and more likely to be defendants. In civil cases in particular, there is a strong link between non-representation and non-participation. Parties go unrepresented for a range of reasons, including inability to afford representation. Problems faced by unrepresented litigants demonstrate struggles with substantive law and procedure. The boundary between the provision of information and advice by court staff also presents problems. Both court staff and judges perceived that improvements can be made in the way that unrepresented litigants are handled, including improvement to court-based services providing greater assistance.