Retirement being withheld with no cause

Thank you.

Please have someone contact my dad urgently as this matter is of upmost importance.

Regards
Christo

Please note we have still not received correspondence regarding this matter as indicated above

I get one email reply from you guys which consists of total lies, when I provide proof to disprove that lie I am completely ignored...in order for momentum to withhold a pension the employee must accept liability or a COURT JUDGEMENT must be made, neither has been done..furthermore it is up to the employer to provide any substantiating proof to a crime in which this case there is not as my dad was found NOT guilty...there is absolutely no reason to withheld his pension..
Momentum is acting biased against my dad even though he was found innocent. Disgusting

I HAVE STILL NOT RECEIVED FURTHER COMMUNICATION...MY DAD IS SUFFERING!!!!

Please note there has still not been any resolution, this is abosultely unacceptable service!!!!

Please note I am being completely ignored, the issue has not been resolved and pension being withheld for fabricated reasons.

Pathetic service, y0u guys are ******* and ******

We have reviewed the correspondence and it is completely false, Momentum is colluding with my dad's employer in order not to pay out his pension. The reply was that a default Judgment was being made against my dad because he didn't intend to defend his case which is false, he put in his intend to defend and deposition. My dad has been found NOT guilty of any tye charges and the fact that you are withholding the pension on his employers request is *********, it just shows that you are not impartial.

My dad will be landing up on the street soon, and this will be your fault. He will be spending his Christmas on the street after being found NOT guilty. You are withholding his hard earned money. I will make sure this injustice is know to every media company I can find, I will make sure that everyone knows what kind of company Momentum is. You should be ashamed of yourselves.

8 MONTHS LATER AND MOMENTUM IS STILL WITHHOLDING THE BENEFITS WITH ABSOLUTELY NO REASON TO DO SO. NO JUDGEMENT HAS BEEN MADE BY ANY COURT TO WITHOLD PENSION..YOU CANNOT JUST WITHOLD THE BENEFITS INDEFINITELY. MY DAD IS NEARLY 65 WITH NO MONEY, HOW CAN YOU EVEN BEGIN TO LET THIS HAPPEN..ABSOLUTELY HEARTLESS.

12 Months later and still withholding the pension??? My dad turned 65 last week and I can't believe you are still withholding the pension, as stated on your own site that you cannot hold it indefinitely and that the work needs to give evidence in order to continue holding it and to this day they have not provided any evidence..My dad has just received the results from his arbitration and you are to contact him IMMEDIATELY. I'm sickened by this service but it's time to make it right for a suffering man.

My dad was found NOT GUILTY again at the arbitration and part of the award was that his pension be released and yet Momentum will still not release his pension. This is absolutely disgusting, the pension has been ordered to be released!!!! You have no right to withhold the pension anymore!!!!!

Contact? All they said is they will not release the pension but have not provided any clarity.

My dad has been cleared of any ***** and his employer admitted under oath at the arbitration that my dad has nothing to do with the *****, his employer has also said that they are complying with the arbitration award so why is momentum still withholding the pension?

Please have someone contact my dad immediately with clarity to this matter because what his employer is saying and what momentum is saying is 2 different stories.

So my dad was found NOT guilty twice and won an award which was certified for the pension to be released and yet Momentum still takes his employers side refuses to release the pension even though his employer admitted under oath that he has nothing to do with the *****. My dad has officially been put onto pension by his employer but how can he live without the very pension he is suppose to get? Where's the morals?? I'm convinced more than ever that there is clear collusion been Momentum and Duferco. 37D(1)(b)(ii) applies if a judgement is taken, liability is signed or there is reasonable evidence to achieve a victory at a civil case, there is no evidence whatsoever as stated on multiple documents (and by the employer themselves) and the actual reason to withhold the pension (splitting of coils) was proved to not have anything to do with my dad ( proven twice and admitted by employer under oath at arbitration) which makes the reason to ask for the pension be withheld completely null and void. My dad is clearly being prejudiced by Momentum, together with Duferco ( proven on document by threats from Duferco to Momentum) to completely cut all funds from my dad and make him suffer for something he didn't do or have any part of, as it has been proven by 2 NOT guilty verdicts by 2 separate commissioners.

Please note a resolution has not been reached as Momentum has refused to release the pension, we have not even been given a chance to appeal the decision.

Twice my dad has been found not guilty and twice Momentum has refused to release the pension.

Please tell me how my dad at 65 must survive without his pension???

Please note if we are not contacted within this week for a resolution we will approach media houses as what you are doing is highly ********* and borderline *******.

Would just like to have it on record that Momentum has not responded or got back to my dad...we are now being ignored. This is disgusting.

Please note my dad did lodge a complaint with the adjudicator but we were told that we have to give Momentum a chance to review the decision. Why did you not tell us this? Momentum is making my dad run in circles to not pay his pension out, why are you treating an innocent man who needs that money to live like this? I'm baffles you are taking the employers side even after 2 NOT guilty verdicts have been rendered...My dad has absolutely no money and he can't work as he was put onto retirement by his employer but yet you moment release his money, the very money he needs to survive, this is very wrong, at least a portion could have been paid to my dad.

Please note on record that Momentums time frame to Duferco to wrap up Civil proceedings has lapsed. The drawing out of the proceedings by Duferco is further supported by Momentum in direct prejudice of my father who urgently needs access to his pension fund.

Please note we need a time frame on how long the pension fund will still be withheld for as the civil case could still take a further 2 years. Together with Dufercos delays and backed up courts, this time frame is not reasonable. Please consider releasing a partial amount for my father to survive. He is going to lose his house next month. The fact that he has been found NOT guilty twice should atleast buy him that much.

Please note they have responded, the adjudicator has told us to first seek resolution with the employer and pension fund and if no resolution had been found before the 3rd of next month then they will investigate. So we ask as point of resolution that a portion of the pension be released in good faith. My dad needs to survive and as he has been found NOT guilty twice, this should be granted by the fund, he needs to survive and you are denying him basic survival on the basis of no evidence whatsoever.

Good day

It has come to our attention that my dad's employer(Duferco) continues to blame my dad for the splitting of coils as an excuse for the pension to be withheld. It must be said that it has already been established that my dad has nothing to do with the splitting of coils whatsoever, that was confirmed by all parties involved under oath and those finding were not challenged by Duferco or taken up for review and they stated they accepted the findings of the award. This award was also certifie .This is absolutely crucial as the fund may NOT consider the splitting of coils when making a decision about releasing the fund. With regards to this, the civil case is pivoted on the splitting of coils in which my dad has nothing to do with that. The fund has a duty to consider these facts when making a decision and the fact that Duferco is just blatantly changing their story just shows they are placing smoke and mirrors in order confuse the facts. The arbitration might not be the high court but what is said on record stays on record and is considered binding.

Good day

We will need feedback on the above

We need to know if the splitting of coils was part of Momentums decision to withhold the pension as previously stated this was not allowed to be considered.

We urgently await a reply, or a no comment for the record.

Regards
Christo

We would like to note that we have not received any feedback on the above.

How long is my dad going to wait for his pension to be released. We were told by Momentum that they will not withheld it indefinitely, we were also told that they are waiting for proof by his employer. It's 2 years later and still no prove has been provided, even though my dad has since been found not guilty twice by 2 separate competent authorities. When we specifically asked Momentum via email if they willing to withhold the pension for 2 years they rep**** that they would never withhold it for that long, hello?? It's 2 years later!!! This is infringing on my dad's right to live!!

Hello

When is my dad getting his pension? We need a response on this urgently

Good day

Why is the pension fund still being withheld? It's against the law to withheld it for this long. In the beginning I specifically asked an advisor at Momentum 'will the pension be withheld for 2 years if the case take that long' and they told me it will never be withheld for 2 years but we are now past the 2 year mark and there is still no evidence and the case has completely stalled. We have now been told that the case could only be heard in 7 years time, unacceptable!!! 37D(1)(b) of the pension act states that in order for the pension to be withheld, sufficient evidence MUST be handed over, and no such evidence exists!! 2 years later!!! This is in blatant violation of the act 37D(1)(b)...my dad is 66 and has no income, and at this stage has lost all his belongings, disgusting! Even though he was found NOT guilty twice by 2 competent bodies. DO THE RIGHT THING!!!!!

Good day

It's been over 2 years now? We were told that you withhold the pension for this long, and I have the emails. Release the pension!!!

Also we demand an update from your side in regards to the case, as from our side tye case has moved at all. The employer has to provide regular updates to you and if they have We would like to know.

This is absolutely sickening

I was told by Jesman that the pension would not be withheld this long and I specifically asked what if the case is still ongoing 2 years later and I wad told that YOU would not withhold the pension.

Since then my dad has even been found NOT guilty a second time and it was ordered his pension be paid so why aren't you paying it?

Section 37D(1)(b) of the pension act states you may not withhold the pension indefinitely and you have to balance the probability that my dad is guilty and the employer must provide proof if it is to be withheld for lengthy time. The employer has not provided any proof at all in 2 years, just the opposite, when my dad won his Arbitration his employer accepted the verdict and even stated that he had nothing to do with the splitting of coils which is the whole civil case.

With all the above mentioned why is the balance of probability still in the employers favour? My dad is 66 as of yesterday and has lost all his possessions, has not a cent to his name but you don't take that into account?? He can't even find any work because of his age.

Momentum is being completely bias and not at all taking my dad's situation and innocence into account.

My dad is being treated unfairly.

I would just like to put it here that we are being completely ignored by Momentum, THIS IS MY DADS PENSION!!! We demand feedback on the above!!!

You are obligated to give us feedback

Which matter is ongoing?

You cannot withhold the pension indefinitely, that is the law. There is still no evidence against my dad almost 3 years later. A decision needs to be made.

Section 37D(1)(b) of the pension as per your website states that you may not withhold the pension this long and may only do so if the employer provided evidence that proves guilt on the employee. No such evidence exists and the employer has accepted the Arbitration award of NOT guilty. The pension fund is not acting fair in this matter. My dad is 66 years old without income, you are destroying his life by acting biased towards the employer. We demand clarity and transparency on what is going on. This is not legal!!

Good day

Firstly we request a review on this matter as you cannot withhold the pension indefinitely especially that it is causing my father great financia distress.

I also request that you provide evidence that the case would go in the employers favor as I was told ab9ut this evidence 2 years ago.

We also request that my dad have access to his savings pot of the fund. He needs money to survive, at 66 he has no income and it is extremely unfair and inhumane that you are withholding his pension when he was found not guilty twice and still no evidence has been brought forward more than 2 years later

We also want clarity on how long the fund is going to withhold the pension for....as you cannot withhold it forever and we ask that a time frame be set.

I can't believe that Momentum has sided with the employer is this case and would ruin an innocent person's life but receiving the communication between momentum and duferco, its clear there is collusion between the 2. You should be ashamed of yourselves but everything will come out.

My dads employer is now asking for a postponement of the case, how can you keep justifying holding my dads pension. They are dragging this out and that is not lawful

We are now being ignored by Momentum again, let it be noted.

Request | Legal & Moral JustificationImmediate release of full pension | Ordered by arbitrator; no ruling says otherwise.
Alternatively, 75% immediate release | Reasonable compromise while legal challenge continues.
Accountability and transparency | Momentum owes its members lawful, fair, and humane treatment. Momentum: I have law, facts, and fairness on my side. It is ******** to withhold my pension indefinitely without a court order, especially when I have been exonerated twice.This is not a delay. This is a denial of justice. I urge you to resolve this without further harm.

A pension fund may not indefinitely withhold a member’s benefit without a court judgment. Doing so is ******** and unfair.”After 30 months, with no ruling against me, this is no longer a legal delay — it’s a violation of my rights.

This award is based on all available evidence, including your employer’s input. Your Employer’s Own Actions

• They accepted the arbitration findings on innocence, reinstated you, and paid the back pay.
• They did not apply to the Labour Court to review the award in terms of the fairness of your dismissal.
• Instead, they only challenged the pension aspect — which suggests they had no strong case to overturn the “not guilty” finding.

Momentum & Bowmans Have Not Presented Evidence

• Despite multiple chances, Momentum has not submitted any proven, court-accepted evidence of wrongdoing on your part.
• Their withholding relies purely on pending litigation, not any substantiated or accepted proof.

What *******, you can only withhold the pension this long if there is a reasonable chance of conviction. My dad is being sued for ***** and was found not guilty twice, my dads employer didn't challenge the arbitration award of my dads innocence and even stated themselves that my dad had nothing to do with the ***** so please explain to me how Momentum believes that the employer will win the case if they haven't even challenged my dad being found innocent. And you are talking nonsense if by saying its ******* to release my dads pension. This is the second time Momentum has now contradicted themselves on record and we are saving all of this for our future case against you.

“The law dictates that, when an employer has instituted legal proceedings... the fund must withhold the benefit until the proceedings in the High Court are finalised.”Reality:This is a misstatement of Section 37D(1)(b)(ii) of the Pension Funds Act, which says a fund may withhold a benefit only if:

• The member caused damage to the employer, and
• The employer has instituted proceedings to recover damages.

BUT — the law does not say the fund must withhold. It gives discretion.
And the withholding must be reasonable, time-limited, and based on real risk — not indefinite or automatic.In Highveld Steel v Oosthuizen (2009, SCA), the court ruled:
“A fund cannot withhold indefinitely without a judgment or active pursuit of the claim… to do so is ******** and prejudicial.”You’ve now had two formal findings of innocence, and no court has ruled against you. Momentum is treating allegation as guilt — violating your right to fair administrative action.

Claim:“If we pay out now, we will be breaking the law.”Reality:That is false. Section 37D gives the fund the option to withhold — but only when it is legally justified and only if the claim is being actively pursued. After 2.5 years, and with no judgment, continuing to withhold may actually be ******** under Highveld Steel.Also, the arbitration award ordered the release of your pension. Momentum is effectively overriding a binding legal order — which is a far more serious breach of law.

Claim:“The PFA dismissed your complaint… and your appeal is ongoing.”Reality:Yes — but the PFA did not rule on the merits. It dismissed the case on procedural grounds, citing the civil case, without dealing with the real prejudice you suffer. That’s why the Tribunal is now hearing the appeal.

My Das has been formally found not guilty by both a CCMA-appointed disciplinary chair and an independent arbitrator (MEIBC Case MEWC13448, June 2024). These processes included full cros****amination and evidence — and both found that I committed no ***** or misconduct.Despite this, Momentum has withheld my pension for over 2.5 years, citing a pending civil claim — but no court has ruled against me, and the arbitration award ordered Momentum to release my pension.

My Dad is 66, unemployed, and fully dependent on this pension. Your ongoing withholding — in the face of two not-guilty findings — is not only unfair, it is arguably ********.I again request Momentum to release my pension or a portion of it, in line with the arbitration award and my constitutional rights. Continued delay only adds to my emotional, financial, and legal hardship.

You are treating my dad guilty until he is proven innocent and all your correspondence about my dads guilt but let's get something very clear. My dad has been cleared twice and found not guilty, you cannot refer to him as being guilty or part of the misconduct as this is clear defamation and this violates my dads constitutional rights.

STILL NO MOVEMENT on ANYTHING, PLEASE REPLY TO WHY YOU ****. We require an immediate update.

I would like it known that Momentum is completely ignoring us now, even our emails

Would just like to state we are being ignored by Momentum. We requested copies of telephonic calls and that was also not sent to us. They are keeping my dads pension, his property with no evidence of wrongdoing and we requested evidence but there is absolutely nothing. My dads employer accepted his innocence and still Momentum will not release his pension. Its clear bias. My dad is 66 years old and my Mom and dads health is failing due to this, they are chronically sick, especially my Mom having chronic Asthma, their health is at a dangerous risk and still they refuse. This is Momentum, they will hold your pension even though you are innocent with no evidence whatsoever and while circumstances are dire, how can anyone trust them? They don't look out for their members.

Update – One year later, and still no justice
It has now been another year, and Momentum continues to withhold my 67-year-old father's retirement benefit. (NOW MORE THAN 3 YEARS)
My father was found not guilty in his disciplinary hearing, and his dismissal was later found to be both procedurally and substantively unfair at arbitration. The employer accepted the arbitration outcome, reinstated him, and subsequently retired him. In addition, the employer has admitted on record that my father had nothing to do with the alleged wrongdoing at the centre of their claim.
Despite this, Momentum continues to refuse to release his retirement benefit because a civil case remains pending. They have also refused requests for even a partial release, despite the severe financial hardship this has caused.
The human impact has been devastating. My parents are now unable to consistently afford medication for their chronic illnesses. After decades of honest work, my father should be enjoying his retirement instead of watching his life savings remain inaccessible while years pass without a final resolution.
I believe retirement funds have an important duty to protect members' interests while complying with the law. In our experience, however, there has been no meaningful consideration of my father's individual circumstances, the findings in his favour, or the ongoing hardship caused by withholding his pension indefinitely.
I sincerely hope Momentum reconsiders its position and exercises its discretion fairly and compassionately before even more unnecessary harm is done to a pensioner and his family.