David Mahlatsi and 1390 other former members of the BMW Pension Fund took the fund and its board of trustees to court to force them to pay monies they say were due to them since 2008. They argued that BMW declared surplus, then worth R28 million, which was due to those members during 1980 and 2003.
Driving the plaintiffs’ case was Thandiwe Moshabane, from Moshabane Attorneys, who said they had tried to negotiate with the parties since 2010.
But the BMW Pension Fund had refused or neglected to pay the former employees, Moshabane said. They faced a number of challenges, including the pension payout principal officer having sent the summons to the Financial Services Board, which later also wanted to make representations in court.
With limited resources and without any financial help, including from the government, Moshabane said the case was one of her toughest.