Akani Retirement Fund Administrators (Pty) Limited and Others v Moropa and Others

The Chemical Industries National Provident Fund (CINPF), a registered pension fund, terminated long-standing administration agreements with NBC Holdings (Pty) Ltd and NBC Fund Administration Services (Pty) Ltd in November 2019 and appointed Akani Retirement Fund Administrators (Pty) Ltd and others in their place. Members of the fund and NBC challenged this decision in the High Court, alleging lack of consultation and corruption involving payments made to certain trustees by a company linked to Akani. The High Court dismissed the challenge. On appeal, the Full Court set aside the termination and appointment decisions, finding them tainted by bribery and reviewable under PAJA. By the time the matter reached the Supreme Court of Appeal, Akani’s appointment had already been terminated, Momentum Retirement Administrators had been appointed instead, and key trustees had died or been removed.

The appeal was dismissed with costs in terms of section 16(2)(a)(i) of the Superior Courts Act 10 of 2013, including the costs of two counsel.

The case restates and clarifies South African law on mootness in appellate proceedings, emphasising that courts should not determine issues of purely academic interest and that mootness may be raised even if not pleaded on affidavit. It corrects an erroneous approach adopted by the Full Court and reinforces principles governing judicial discretion to hear moot appeals.