SA man living in Netherlands in legal battle to access almost R790k retirement savings
The Financial Services Tribunal has allowed a Dutch-based South African to challenge a ruling that blocked his access to a retirement annuity worth almost R790,000.
A South African man living in the Netherlands is embroiled in a legal battle over his nearly R790,000 retirement savings. Barend Christoffel du Plessis joined his Discovery Investment Retirement Annuity Fund in 2014, after transferring over R514,000 from the Du Pont Pension Fund. Over two decades ago, he moved abroad, acquiring Dutch citizenship in 2011 and residing in the Netherlands, China, and Denmark.
He never maintained a South African bank account for nearly two decades. In November 2023 and again in November 2024, du Plessis submitted withdrawal claims, citing emigration as the reason. Despite supplying various documents, including his passport, Dutch population register extract, and Danish tax assessment, the Pension Funds Adjudicator dismissed his complaint in February 2026.
The tribunal, however, found serious flaws in the Adjudicator's assessment of du Plessis's evidence, particularly his non-residency status. The tribunal emphasized that ordinary residence is the primary factor in determining residency under the Income Tax Act, rather than citizenship or citizenship. The tribunal concluded that the Adjudicator had failed to properly assess the evidence provided by du Plessis, arguing that the withdrawal claim should be reconsidered.
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