Crucial Eskom pensions case in court tomorrow
The Eskom Pension and Provident Fund has launched legal proceedings against its former administrator, ASP Global, in an effort to force its former manager to provide the fund with its own data, putting paid to suggestions that the changeover to a new administrator is on track, according to a Daily Maverick report.
It says the notice of motion was compiled by Cliffe Dekker Hofmeyr and is based on an affidavit submitted by current CEO and principal officer Linda Mateza.
The dispute, due to be heard in the Western Cape High Court tomorrow, is crucial if 40 000 Eskom pensioners and 50 000 existing employees are to get their pensions processed correctly and on time.
The job of the administrator is broadly to manage the membership database, calculate what is owed to the fund and what should be paid out, notes the DM report.
In 2019 the R140bn fund, for reasons that are disputed, decided to appoint a new administrator and allow the existing contract with its then data manager ASP Global to lapse.
EBSphere was appointed in Global’s place.
Relations between the parties subsequently became strained, according to the court papers, but it is clear from the pleading that the new administrator is struggling to get its system up and running. The fund then approached Global with a view to extending the contract for a year, at which point Global laid down a set of conditions for any temporary resumption of the contract.
The fund’s argument is that Global is not entitled to set conditions and is contractually obliged to co-operate in the handover process.
Global’s argument in the court papers is that it is co-operating to the extent that the contract requires, and that it has not impeded the handover, suggesting the problem lies not with it, but with the fund itself.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.