The Financial Services Tribunal has upheld a ruling in the pension contributions dispute between PRSS Solutions (Pty) Ltd and its former employee, Malesele Gabriel Marara.
In its judgment issued on 28 May 2025, the tribunal confirmed that PRSS Solutions had failed to register Marara and make the required contributions to his pension plan, violating regulatory requirements.
Fund’s attempts to resolve registration lapse ignored
The dispute originated from a complaint filed by Marara in September 2024 after his employment was terminated on 29 April 2024. The Private Security Sector Provident Fund discovered that Marara had not been properly registered since he started working at PRSS Solutions in November 2018.
Despite multiple requests to rectify the registration issue, PRSS Solutions failed to respond. The fund clarified that contributions should have commenced in December 2018, leading to a substantial outstanding balance. Additionally, the company’s failure to notify the fund about Marara’s departure exacerbated the problem.
With no oral hearings or legal representation from either party, the tribunal relied solely on documentary evidence to reach its decision. Tribunal chairperson Judge LTC Harms and member Advocate W Ndinisa evaluated both the Pension Funds Adjudicator’s findings and PRSS Solutions’ grounds for reconsideration.
Employer’s defense falls short
PRSS Solutions argued that it had not received adequate communication and cited confusion over company nomenclature. However, the tribunal determined that the employer was fully aware of its obligations and had repeatedly ignored opportunities to resolve the matter. The tribunal characterized PRSS Solutions’ failure to act as detrimental to Marara’s access to his pension benefits.
Dismissal of Reconsideration Application Reinforces Employer Accountability Consequently, the tribunal dismissed PRSS Solutions’ reconsideration application, reaffirming its obligation to comply with the initial ruling. The company must ensure Marara receives the pension benefits owed to him, reinforcing employer accountability under South African pension legislation.
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