A disgruntled former employee at the University of Johannesburg (UJ) went to the Financial Services Tribunal (FST) in an effort to get his pension fund after it was withheld by the learning institution.
Anthony Mphotho Mafolo was employed by the university as a Desktop Support Technician in the Information and Communication Systems Division from June 2009 until his dismissal end of May 2023.
According to the university, Mafolo breached his legal duty, by unlawfully and intentionally disposing of 434 computer assets to third parties, who to his knowledge, were not entitled to receive computer assets.
In June 2023, Mafolo tried to withdraw his pension fund from the University of Johannesburg Pension Fund (UJPF), however, he was unsuccessful.
Disenchanted, he approached the Pension Funds Adjudicator (PFA) regarding the withholding of funds and his complaint was dismissed.
Unrelenting, Mafolo went to the FST and said his matter was taking unreasonably long to conclude and he was of the opinion that he was discriminated against as some of the former employees that had been dismissed on same conclusion of negligence received their pension funds.
In response, the UJ denied paying benefits to employees referred to by Mafolo, and said their benefits were also withheld.
The university explained to the FST that Mafolo was dismissed because of gross misconduct as well as gross dishonesty and as a result, his funds were withheld to conclude investigations regarding his dismissal.
It was further said in October 2023, he was given communication explaining to him that an independent forensic investigation was performed and the investigation indicated that there was a prima facie case against him.
The university added there was also a pending case of a civil claim in the South Gauteng High Court in Johannesburg against Mafolo, and this has also caused the funds to be withheld.
Moreover, the university provided the FST with numerous dates where a board of trustees would meet and discuss Mafolo’s issue.
Furthermore, the university said the civil matter was at the phase of discovery of documents, and on July 25, 2024, correspondence was addressed to Mafolo for purposes of a pre-trial conference meeting.
However, Mafolo had no legal representation and, in an effort, to expedite the proceedings, the matter will be referred to case management.
When looking at the evidence, the FST said the record shows that UJ was actively prosecuting the civil claim.
“We found no sound basis to interfere with the order of the PFA for the reasons that there is a civil claim against the applicant (Mafolo) which is actively prosecuted by and that the UJPF continues to assess progress made in the civil litigation,” read the ruling.
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