Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      South Africa's 3G networks could go dark within two years - Dejan Kastelic

      South Africa’s 3G networks could go dark within two years

      28 October 2026
      South Africa risks return to money-laundering grey list - Busi Mavuso

      South Africa risks return to money-laundering grey list

      28 October 2026
      The hidden cost of owning a folding phone

      The hidden cost of owning a folding phone

      28 October 2026
      Ramokgopa: a rushed power market could collapse the economy - Kgosientsho Ramokgopa

      Ramokgopa: a rushed power market could collapse the economy

      28 October 2026
      Alleged Israeli spy company heavily targeted Starlink users

      How online ads were used to hunt Starlink users

      28 October 2026
    • World
      Anthropic's IPO stands alone

      Anthropic’s IPO stands alone

      23 October 2026
      PHP flaws trigger global scramble as hackers pounce

      PHP flaws trigger global scramble as hackers pounce

      22 October 2026
      OpenAI turns the tables on Apple in trade secrets fight

      OpenAI turns the tables on Apple in trade secrets fight

      15 October 2026
      Google's Gemini 4 Argon is finally here

      Google’s Gemini 4 Argon is finally here

      14 October 2026
      Apple's new HomeView smart home hub

      Apple takes another shot at the smart home

      13 October 2026
    • In-depth
      Why investors are souring on Netflix

      Why investors are souring on Netflix

      22 October 2026

      10 days that changed the course of AI

      21 September 2026
      Meta to the AI industry: slow down without us - Mark Zuckerberg

      Meta to the AI industry: slow down without us

      16 September 2026
      Google DeepMind CEO Demis Hassabis. Image: John Sears

      The plan to stop AI from breaking the world

      16 July 2026
      The internet has a Strait of Hormuz problem

      The internet has a Strait of Hormuz problem

      15 July 2026
    • TCS
      TCS+ | Vox on AI, data rules and omnichannel communication for SMEs

      TCS+ | Vox on AI, data rules and omnichannel communication for SMEs

      26 October 2026
      TCS | The Cape Town firm quietly connecting Eskom, Pep and 6 000 ATMs - Réan van Niekerk, Metacom

      TCS | The Cape Town firm quietly connecting Eskom, Pep and 6 000 ATMs

      23 October 2026
      TCS+ | Boards are underestimating the cost of a cyberattack, says Arctic Wolf - Jason Oehley and Andre Den Hond

      TCS+ | Boards are underestimating the cost of a cyberattack, says Arctic Wolf

      22 October 2026
      W&W | LDV's Gerhard Moolman on electric bakkies, fleet orders and 'school fees'

      W&W | LDV’s Gerhard Moolman on electric bakkies and fleets

      9 October 2026
      TCS | Frogfoot sees bigger fibre deals coming - TechCentral Show guests Abraham van der Merwe and Shane Chorley

      TCS | Frogfoot sees bigger fibre deals coming

      8 October 2026
    • Opinion
      AI's boardroom honeymoon is over - Gary Stocks

      AI’s boardroom honeymoon is over

      22 October 2026
      Before South Africa licenses Starlink, it should look at Ukraine - Duncan McLeod

      Before South Africa licenses Starlink, it should look at Ukraine

      21 October 2026
      Nonkqubela Thathakahle Jordan-Dyani

      Why cybersecurity is now a national security issue for South Africa

      15 October 2026
      When a machine can choose, who does it become? Fanie van Rooyen

      When a machine can choose, who does it become?

      9 October 2026
      Let South Africans jailbreak their way to digital sovereignty - Dirk de Vos

      Let South Africans jailbreak their way to digital sovereignty

      5 October 2026
    • Company News
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • Ascent Technology
      • AvertITD
      • BBD
      • Braintree
      • CallMiner
      • CambriLearn
      • CM.com
      • Contactable
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • Kaspersky
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Publishared
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Telviva
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Vox
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Fintech and payments
      • HealthTech
      • Information security
      • Internet and connectivity
      • Internet of things
      • Investment
      • IT services
      • Lifestyle
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
      • Watts & Wheels
    • Events
    • Advertise
    TechCentralTechCentral
    Home » News » Telkom has frozen an employee’s pension – why a judge allowed it

    Telkom has frozen an employee’s pension – why a judge allowed it

    By Tania Broughton5 April 2022
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    Get breaking news on WhatsApp

    Telkom has succeeded in “freezing” a pension payout to a former employee it is suing for over R200-million.

    In a civil trial, Telkom alleges Andrew Johannes Jacobs sold information to its competitors. He resigned in October 2012, ahead of an internal disciplinary hearing.

    Jacobs applied to the high court in Pretoria to have his pension released. He said his family was suffering financially due to an “inordinate delay” in proceedings against him.

    Read the judgment here

    Telkom launched a counter application asking for an interim interdict, preventing the payout of the pension money until the civil case is concluded.

    Judge Ronel Tolmay, in her ruling last week, said on the facts before the court, it was in the interests of justice to grant the interim interdict, in spite of the inordinate delay.

    “It is clear that if the monies are paid to Jacobs he will, on his own version, try to meet his existing financial obligations which would, in turn, leave Telkom with no recourse. Any judgment against him would have no value. The disputed evidence is serious and potentially criminal. As a result I am of the view that it is in the interests of justice to grant the interdict.”

    The disputed evidence is serious and potentially criminal

    The judge said the civil trial would probably be set down for hearing during the course of this year, or next year, and the parties could apply for an early date from the deputy judge president.

    The judge said the law pertaining to the withholding of pension benefits and the rules of the relevant pension fund provided that a benefit may be retained where legal proceedings have been instituted or a criminal charge had been laid and, on the face of it, the employer had a reasonable chance of success in either forum.

    Tolmay said evidence before her was that Telkom had laid a criminal charge in 2013 under the Prevention of Organised Crime Act. Jacobs was not prosecuted but in 2021 his attorney had been informed by the National Prosecuting Authority (NPA) that a criminal matter was proceeding.

    Delay

    In 2014, Telkom had issued a summons against him.

    Telkom produced e-mails indicating that the NPA had asked that it hold back on the civil proceedings until the outcome of the criminal matter.

    “Telkom says it had no control over the delay at the NPA… The NPA had assured that the matter was being attended to but nothing was done,” the judge said.

    She said Telkom had put up documentary evidence, including a forensic report, which formed the basis of the allegations against Jacobs. He had chosen not to respond to these.

    “He relies on his right to remain silent and not incriminate himself in criminal proceedings which may follow. The result is that, although he had a right to remain silent, the court is largely left in the dark as far as his version is concerned. The unintended consequences is that this court only has the evidence provided by Telkom to determine whether the requirement for an interdict has been met.”

    She said there was no question that there had been an inordinate delay, brought about by various factors to which both parties had contributed.

    “If it were not for the exceptional circumstances of the case, the delay would have been unreasonable. If the [civil] matter could not be finalised in the foreseeable future, the court may have come to a different conclusion,” the judge ruled.  — (c) 2022 GroundUp

    • This article is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International Licence
    • Read the original article on GroundUp
    Add TechCentral as a preferred source on GoogleFollow TechCentral on Google NewsGet breaking news on WhatsApp


    Ronel Tolmay Telkom
    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleThe venerable mainframe: the technology that refuses to die
    Next Article Elon Musk to join Twitter’s board of directors

    Related Posts

    Former Icasa chairman Paris Mashile has died

    26 October 2026
    Openserve, Huawei test fibre-ready state housing in KZN

    Openserve, Huawei test fibre-ready state housing in KZN

    23 October 2026
    Malatsi asks Icasa to rewrite network-sharing rules

    Malatsi asks Icasa to rewrite network-sharing rules

    22 October 2026
    Company News

    The key to AI search visibility is human attention: media agency Connect

    28 October 2026
    Why customers still feel unheard when automation works exactly as designed - CallMiner

    Why customers still feel unheard when automation works exactly as designed

    28 October 2026
    Telviva earns ISO/IEC 27001:2022 certification for information security - Antony Russell

    Telviva earns ISO/IEC 27001:2022 certification for information security

    27 October 2026
    Opinion
    AI's boardroom honeymoon is over - Gary Stocks

    AI’s boardroom honeymoon is over

    22 October 2026
    Before South Africa licenses Starlink, it should look at Ukraine - Duncan McLeod

    Before South Africa licenses Starlink, it should look at Ukraine

    21 October 2026
    Nonkqubela Thathakahle Jordan-Dyani

    Why cybersecurity is now a national security issue for South Africa

    15 October 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    South Africa's 3G networks could go dark within two years - Dejan Kastelic

    South Africa’s 3G networks could go dark within two years

    28 October 2026
    South Africa risks return to money-laundering grey list - Busi Mavuso

    South Africa risks return to money-laundering grey list

    28 October 2026
    The hidden cost of owning a folding phone

    The hidden cost of owning a folding phone

    28 October 2026
    Ramokgopa: a rushed power market could collapse the economy - Kgosientsho Ramokgopa

    Ramokgopa: a rushed power market could collapse the economy

    28 October 2026
    © 2009 - 2026 NewsCentral Media
    Built and maintained by Chronon
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}
    🇿🇦 Sign up to the TechCentral newsletter