Question NW48 to the Minister of Justice and Constitutional Development
03 March 2025 - NW48
Molefe, Mr B to ask the Minister of Justice and Constitutional Development
(1) Since 1 March 2020 to 31 January 2024, what number of criminal cases of employers, who have withheld pension fund contributions in contravention of section 13A of the Pension Fund Act, Act 24 of 1956, have been investigated and handed over to the National Prosecuting Authority (NPA) for prosecution; (2) of the cases handed over for prosecution, what number of the specified cases have been prosecuted by the NPA; (3) what number of employers have been criminally convicted?
Reply:
(1) Section 13A of the Pension Funds Act, 1956 (Act 24 of 1956)(the Act) imposes a statutory obligation on employers to deduct pension fund contributions on a monthly basis from employees and pay the contributions to the relevant Fund. The number of criminal cases of employers who have withheld pension fund contributions in contravention of section 13A of the Act and are investigated and handed over to the National Prosecuting Authority (NPA) for prosecution is not available, as the NPA does not record the details of offences involved in case dockets submitted for decision. The NPA can, however, confirm that, since 2019, four (4) cases involving employers who have withheld pension fund contributions in contravention of section 13A of the Act were prosecuted.
(2) Since 2019, four (4) cases were prosecuted and proceeded to trial stage, two of which were finalised since March 2020.
(3) Two (2) employers were criminally convicted of section 13A of the Act. One of the accused was also charged with fraud in addition to the contravention of section 13A of the Act.