At Bowman Gilfillan we are pleased to offer a service by a group of experienced practitioners who are guiding clients in a rapidly changing environment.
Following significant legislative interventions in 1996, 2001 and 2007, sponsoring employers, pension funds, plan trustees, pensioners, administrators, investment managers, employees, actuaries, auditors and consultants have increasingly felt the need to seek quality legal advice about the intricacies of:
plan governance;
administration; and
investment and risk strategies.
In particular, the introduction of legislation in 2001 to regulate the apportionment and distribution of the value locked up as actuarial surpluses in South African pension funds has piqued interest in the fiduciary and contractual duties of various stakeholders in the retirement industry. This has been followed by an unprecedented wave of regulatory directives and practice notes and, as something of an aftershock, much arbitration and litigation in various tribunals.
Amid all of this, the pension funds industry is not expecting any slowdown in developments as the government proceeds with plans for substantial social security reform. These include the provision of state social security benefits through licensed private operators, and a qualified compulsory savings regime.
our team
The core pension team is made up of four partners: Graham Damant, David Geral, Bob von Witt and Francisco Khoza. All four are members (and former committee members) of the Pension Lawyers’ Association of South Africa (PLA) and members of the International Pension and Employee Benefits Lawyers Association (IPEBLA). Graham, Bob and David are also members of the South African Society for Labour Law (SASLAW). Graham has served as an acting judge of the Labour Court and he and David have served as tribunalists on a number of surplus apportionment tribunals. Bob and Francisco have served as independent trustees on multi-employer funds.
The core team draws regularly on the specialised assistance of a number of experienced practitioners in our Johannesburg (Sandton), Cape Town and London offices and our associated Kenyan office.
services
We strive to give practical, user-friendly advice and legal opinions on:
pension fund and benefits schemes governance, administration, investments, compliance, tax, surplus apportionment and improper use, unclaimed benefits, liquidation, business transfers, and equitable practices.
drafting rules, amendments, policies, administration agreements and investment mandates.
dispute resolution (mediation, arbitration and litigation) in various forums: Pension Funds Adjudicator, Financial Services Appeal Board, Labour Court, Equality Court, High Court and various ombuds.
representations to registrars, tribunals, FSB, Parliament, SARS and NEDLAC.
due diligence into administration, valuations, financial statements, rules, minutes, and pension transfers.
commercial (M&A) advice and drafting involving the transfer of fund memberships, substitution of employers, indemnity against improper use claims and transfer of licences.
forensic legal services.
why bowman gilfillan?
Admitted attorneys and qualified, certified effective dispute resolution experts.
BEE A rating - 100% procurement spend on our services is recognised.
Independence: we have no exclusive relationship with any particular industry participants and regularly act for different stakeholders, including employers, trustees, administrators, consultants, regulators and service providers.
Established relationships in the retirement environment and with top specialist counsel.
Bowman Gilfillan adopted its own Transformation Charter in March 2004, addressing all aspects of transformation, including ownership, human resource development, enterprise development, procurement and corporate social responsibility. Bowman Gilfillan has committed itself to train 50 black and 50 female lawyers to partnership level by 2014.
Sole South African member of the prestigious Employment Law Alliance (ELA), the world's leading employer orientated alliance, made up of firms from all 50 States of the USA and from more than 300 other cities worldwide
Sole South African representative of Lex Mundi, a global association with more than 160 independent law firms in all major centres across the globe. This association gives Bowman Gilfillan access to firms that have been identified as the best in each jurisdiction represented.
Track record in South Africa, Southern and East African jurisdictions (including our associates, Coulson Harney & Associates in Nairobi) and extensive referral network and relationships in the rest of Africa through the firm's dedicated Africa Group.
Nominated in Best Pension Law Practice category at 2009 Imbase yeGolide Awards (Principal Officers Association)
breakfast with benefits
Keep in touch, up to speed and out of trouble!
You are welcome to join us at one of our regular Breakfast with Benefits seminars. These seminars are an interactive platform where we share our thoughts and experience on pertinent issues and topical developments in the benefits (pensions and medical) environments. The presentations are short and punchy and time is available for many questions and rigorous debate. If you want to receive an invitation to any of our seminars, please contact our marketing department on +27 11 669 9442 or Hansueya Naidoo on +27 11 669 9565.
Industry updates
We send industry updates to our clients and friends on a regular basis. If you want to receive any of these updates please contact our marketing department on +27 11 669 9442 or Hansueya Naidoo on +27 11 669 9565.
Acted for Resource Generation in relation to its secondary listing on the Main Board of the JSE. The listing will occur on 14 July. Resgen currently has a primary listing on the Australian Stock Exchange.
The Consumer Protection Act sets up an extensive administrative structure for the protection of consumers, with numerous provisions dealing with the obligations that businesses have, and, also, actions that they may not take. One of the obligations that will apply is that a person providing goods or services to consumers will be allowed to conduct business only under specific names (section 79(1)). A number of scenarios are envisaged by Act.
Bowman Gilfillan is involved in a continuous transformation process and in 2004 adapted a Transformation Charter. The Transformation Charter was revised in 2008 with recommendations for the next 3 years.
Bowman Gilfillan is proud to be one of the first large commercial firms to develop and implement a comprehensive pro bono policy. In accordance with this policy we pursue meritorious public-law cases and act for indigent clients in a number of ongoing matters. As a responsible corporate citizen, Bowman Gilfillan encourages its practitioners to seek to provide legal services to deserving organisations and individuals on a pro bono (free) basis. A number of pro bono matters have been taken on in a wide variety of fields, from education to healthcare and other social services and partnerships have been established with recognised public interest legal services providers such as the Legal Resources Centre and the Aids Law Project.
Bowman Gilfillan has also entered into an arrangement with CIDA City Campus, particularly in business subjects, in terms of which we prepare the lecture materials for, and present lectures to, their second year students. We also provide CIDA with legal advice. All of this is done free of any charge, as part of our social responsibility programme.
We are an independent corporate law firm with well established relationships with some of the leading law firms in the major financial centres of the world.
Bowman Gilfillan has formed an association with Coulson Harney Advocates, a corporate and commercial law firm in Kenya. The association provides Coulson Harney with a springboard for its involvement in legal advisory work around Africa.