Question posted in the General Law category relating to KwaZulu-Natal
This question is pertaining to a PFA ruling that ruled against MIFA and in favour of my mother. Mifa was given 8 weeks to respond to the matter and then 2 weeks to pay. They went to the Financial Tribunal services who stated that the death benefit could not be paid as my father's employer did not pay his contributions while he worked. Therefore, the FST recommended that the PFA disregard the first ruling and reconsider a ruling. The PFA was aware of all this information as well in emails to and from MIFA so the fact that the employer didn't pay is not new news neither is I think the rule that MIFA has which says if contributions are not up to date than the death benefit is not payable to beneficiaries (blatant Con artistry here). My question is legally is the PFA above the FST in terms of their ruling? What else can I do because MIFA is not representing my father at all. If it was my father's responsibility to pay contributions than fine, I would understand but surely, they can't blame an employee for the employer's error (the employer was even deducting these contributions from his salary)- my mother is in deep financial trouble, and it has been 2 years since my dad died. She is a pensioner and doesn't work either. I don't understand how MIBCO can allow employers not to pay monthly contributions, surely, they should function like our normal monthly debit orders. payments? Please help