Pensions & Employee Benefits

Public officers and other representative taxpayers need to have a thorough knowledge of the onerous obligations of related tax provisions, such as the application of pay-as-you-earn to independent contractors and fringe benefits, share schemes and other benefits employers must provide.

Pensions & Employee Benefits

Our Pensions and Employee Benefits team is known for its ability to propose commercial solutions to difficult problems that meet the requirements of all stakeholders without recourse to costly and time-consuming litigation.

Our team of lawyers represent clients from a wide range of industry sectors, multinational corporations in all sectors of the economy, financial institutions and national regulatory authorities. Our Pensions and Employee Benefits specialists work as an integrated team with skilled practitioners from our Finance and Banking, Corporate and Commercial, Employment and Dispute Resolution practices to provide a complete service to our clients.

Our services include:

  • Advising on fund structures.
  • Drafting and advising on fund rules.
  • Regulatory advice on the Financial Services Board and South African Revenue Service.
  • Due diligence.
  • Trustee training.
  • Product development/ innovation.
  • Pension fund adjudicator complaints.
  • Income tax.
  • Assisting with claim assessments.
  • Assisting with implementation of advising on the Financial Advisory and Intermediary Services Act.
  • Disability pensions and claims.
  • Drafting policy documents.
  • Assessment of group life disability claims.
  • Assisting in continuity of insurance cover when s197 transfers take place.
  • Advising on operational system risks.
    Forensic and fraud investigations.
  • International pension solutions.
  • Assist clients to identify potential non-compliance and to restructure employment benefits (including share incentive schemes) to improve tax efficiency; and
  • Assist clients with pension and provident funds and retirement benefits.

Practice Area Rankings

  • Chambers Global 2014–2022 ranked our Employment practice in Band 2 for employment.
  • The Legal 500 EMEA 2020 ranked our Employment practice in Tier 1 for employment law. In 2009–2019 our Employment practice in Tier 2.
  • Our practice was identified as leading in The International Who’s Who of Management Labour and Employment Lawyers 2013.

Ranked Practitioners

  • Aadil Patel is the National Practice Head of the Employment team. Chambers Global 2015–2022 ranked him in Band 2 for employment. The Legal 500 EMEA 2012–2020 recommended him for employment. He was named as the exclusive South African winner of the ILO Client Choice Awards 2014 in the employment & benefits category. Who’s Who Legal 2017–2018 identified Aadil as a leading labour & employment practitioner. He was identified in The International Who’s Who of Business Lawyers 2014, and in The International Who’s Who of Management Labour and Employment 2011–2014.

  • Chambers Global 2020-2022 ranked Gillian Lumb  in Band 3 for Employment and from 2017–2019 she was ranked in Band 4 for employment. The Legal 500 EMEA 2012–2014 and 2017–2020 recommended her for employment.

  • Chambers Global 2014–2022 ranked Hugo Pienaar in Band 2 for employment. The Legal 500 EMEA 2014–2020 recommended him for employment. He was named as the exclusive South African winner of the ILO Client Choice Awards 2017 and 2019 in the employment & benefits category.

  • Chambers Global 2018-2022 ranked Fiona Leppan in Band 2 for employment. Chambers Global 2016–2017 ranked her in Band 3 for employment. The Legal 500 EMEA 2012–2020 recommended her for employment. IFLR1000 2012 recommended Fiona as a leading lawyer. Who’s Who Legal 2017–2018 identified her as a leading labour & employment practitioner. She was identified in The International Who’s Who of Business Lawyers 2014, and in The International Who’s Who of Management Labour and Employment 2011–2018.

  • Chambers Global 2010 ranked Faan Coetzee as a leading lawyer in Employment and Labour. Who’s Who Legal - The International Who’s Who of Management Labour and Employment 2008 to 2013: Faan has been selected by clients and peers as being among the world’s leading Management Labour and Employment lawyers. Who's Who Legal - International Who's Who of Business Lawyers 2008, 2009, 2011, 2012 - 2013 lists Faan among the world's leading Management Labour and Employment lawyers. Practical Law Company Which Lawyer? 2008 – 2010 and 2012: Faan is endorsed, "with a practice emphasis on employment and labour law. Strong corporate client base providing advice on restructuring, collective bargaining, general employers' rights, pension funds and medical aid schemes." Legal 500 EMEA 2010 to 2016: Faan is recommended for "his insight, knowledge and promptness" in Labour and Employment Law. Expert Guides 2009 and 2011 rates Faan as a pre-eminent practitioner in Labour and Employment Law.

  • Who’s Who Legal 2018 identified Mohsina Chenia as a leading labour & employment practitioner.

  • Chambers Global 2014-2022 ranked Imraan Mahomed in Band 3 for employment. The Legal 500 EMEA 2013-2020 recommended him for employment.