CPD4ME

Process

The following process has been agreed with the Chair of the Commission (details on each step can be found below):
1. Interested parties to be informed of the Commission
2. Existing documentation has been handed over to the Chair
3. Parties given the opportunity to make written submissions
4. Parties given the opportunity to make oral submissions
5. Ruling/Determination to be issued by the Chair

1. Interested parties to be informed of the Commission
• This step is being done via email
• A record of the emails sent by the Commission informing the relevant parties together with confirmation of receipts will be handed over to the Chair
• The parties being informed of the Commission include the following:
o The members, participating employers and brokers
o The administrators
o The trustees (prior, current and post the rebuild)
o The liquidator of the Funds
o The Financial Sector Conduct Authority (previously known as the Financial Services Board)
NOTE: should you be aware of any other interested party who you believe should be informed of the Commission then please Contact Us    
• Communication to the members will be via the Participating Employers. Communication to the Participating Employers will be via the brokers. Brokers will be asked to commit to passing the communications onto the Participating Employers whom they were appointed to. Should a broker not provide such commitment (be it due to the Commission not being able to contact the broker or due to the broker not being able or willing to pass the communications onto the Participating Employer) then the Commission will attempt to communicate directly with the Participating Employer
NOTE: Should you be an interested party who has not received any communication from the Commission then please Contact Us 

2. Existing documentation has been handed over to the Chair

• This documentation comprises the full set of papers (including Heads of Argument) from the Pension Funds Adjudicator Appeal
• The reason for using this documentation set is that it is believed to be the most comprehensive set of documents dealing with the events to which this Commission relates. If any party believes that there is additional existing documents that should be given to the Chair then please Contact Us    
• A copy of this documentation can be found on the Vault page
• A copy of the detailed findings per participating employer from the Deloittes rebuild have also been given to the Chair however copies of this are not included on the Vault page due to these findings containing confidential member information.

3. Parties given the opportunity to make written submissions

• Any interested party is welcome to make a written submission to the Commission
• Written submissions should be made via email to info@dynamiquecommission.co.za and should be in the format of a signed affidavit
NOTE: please see the Timetable page for the deadline date for making written submissions. Acceptance of any submission made after the deadline date will be at the sole discretion of the Chair of the Commission.

4. Parties given the opportunity to make oral submissions
• Any interested party is welcome to make oral submissions to the Commission
• Any interested party is welcome to sit in on the oral submissions
NOTE: a party wishing to make oral submissions or sit in on the oral submissions needs to register their intention to do so by the deadline date set out on the Timetable page. The reason why registration is required for making or sitting in on the oral submissions is that the Commission needs to know how many days to set aside for oral submissions and it needs to find a suitable venue to accommodate the number of people attending. To register for the Oral submissions please email info@dynamiquecommission.co.za
• Any party making oral submissions will be entitled to cross examine any other party making oral submissions
• Oral submissions by default will be made without legal representation however should you wish to have legal representation present when making an oral submission then application for such should be made directly with the Chair – please email such supplication to chair@dynamiquecommission.co.za
• The exact dates and venue for the oral submissions will be confirmed and advised to the parties once it is known how many people will be attending and/or making oral submissions).

5. Determination to then be issued by the Chair
• After the written submission and oral submission phases the Chair will assess the evidence and make a finding/determination as to who was responsible for the money lost by the members
• The ruling by the Chair is final and no correspondence will be entered into
• The target date for the issuing of the determination by the Chair can be found on the Timetable page.

 

 

Please Contact Us should you have any questions or comments.

 

 

 

 

 

For information on Trustee Gail le Grellier and on Trustee David Lepar and on Trustee John Rollason and on Trustee Francisco Khoza and on Actuary Tony Kamionsky to find out more details