Thirty former Mafoko Security Patrol guards will face their ex-employer in the Johannesburg High Court on Wednesday to hear if their outstanding pensions will be paid or not.
The guards, who have been battling for their unpaid pension contributions for over two years, say Mafoko deducted funds from their salaries but never fully paid them to the Private Security Sector Provident Fund.
The pension funds adjudicator (PFA) ruled in the guards’ favour, ordering Mafoko to settle the outstanding amounts with interest.
However, instead of complying, Mafoko secured an interdict in February 2024, blocking the sheriff from executing the writs orders that would have allowed the guards to claim their pensions via asset seizures.
Judicial review
The company argued that the execution should be halted pending a judicial review, in which it seeks to set aside the writs entirely.
The key question before the court is whether Mafoko can overturn the PFA-backed writs of execution or if the interdict should be lifted to allow the former guards to collect their long-overdue pensions.
According to court documents, lead respondent Hlokomelang Kheledi, who represents the guards, was among those who obtained writs in April 2023 after the PFA’s findings were registered as enforceable court orders.
The sheriff of the court was instructed to seize Mafoko’s assets, but before this could happen, it challenged the writs in November 2023, leading to the interdict being granted in February 2024.
In its founding affidavit, Mafoko, through its director Lebo Tlale-Nare, stated, “The applicant is dissatisfied with the computations made by the second respondent, and had the applicant been provided with the computations, it would have duly challenged the same before the same escalated into a writ of execution as appearing in the papers before the court.”
Mafoko insists that it needs to review the pension calculations before making payments.
Guards struggling financially
“Furthermore, the applicant runs a security company with approximately 11 000 security officers in its employ; the applicant is responsible for deducting and paying pension funds for each of its employees,” said Tlare-Nare.
“Resultantly, an error made by the third respondent in only one of its determinations or the second respondent in one of its computations has an effect that can result in potentially 11 000 erroneous claims issued against the applicant.”
Many of the former guards are still struggling financially as a result of the court battle, as their pensions are still being delayed.
“The failure to comply with the PFA’s orders has greatly prejudiced our clients from 2023 to date,” said the guards representative, Masilo Fisha of Fisha Attorneys.
“The court battle that has been ongoing for over 15 months has brought unmitigated misery to our clients.”
For Kheledi and his fellow guards, Monday’s hearing is a make-or-break moment. If the court upholds Mafoko’s interdict, their fight for pension payments could drag on indefinitely.
However, if the interdict is lifted, the sheriff will be allowed to execute the writs, forcing Mafoko to settle its outstanding pension obligations.
Kheledi, who has led the case, said he only received R25 092.87 on February 8, 2021, despite Mafoko deducting contributions since August 2011.
From the determinations done by the PFA, he is owed an outstanding R17 895.95.
Former employees join the case
“I deny that the applicant was surprised by the writ of execution attached to the letter sent by my attorneys of record,” Kheledi said in his papers.
“The third respondent sent the determination to the applicant during April 2023. I submit that the applicant’s dissatisfaction with the computations is ill-conceived.
“The applicant made its proverbal bed when it failed to respond to the third respondent’s invitation to respond to my complaint and must now lie on it.”
Kheledi added: “I maintain that there are no errors in the determination or computation. The determination and the computation are clear, and the applicant has not produced any evidence to the contrary.”
The 30 former employees who have joined the case will abide by the court’s ruling in Kheledi’s matter — meaning a favourable outcome could secure their long-overdue pensions as well.
If the court rules against Mafoko, the company could be forced to pay all outstanding pension contributions with interest.
By the time of publishing, Mafako had not responded to Sunday World’s enquiry emailed to the company.
