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POLITICS

Friday, 31 January 2025

KZN Lost files

KZN’s Lost Employee Files: The Impact on Government Employees’ Pensions

In 2004, the provincial government in KwaZulu-Natal (KZN) underwent significant changes. Provincial leadership moved from Ulundi to Pietermaritzburg (PMB), and with this transition came a large-scale transfer of employee records from one office to another. Unfortunately, during this period, many employee files and records were lost, misplaced, or left behind in Ulundi. This loss of information has created lasting issues for employees who left government service after 2004, with many being required to prove their own membership to the Government Employees Pension Fund (GEPF). 

Facts: How Lost Records Have Affected Former Employees 

For the majority of KZN government employees who exited their employment after the 2004 office move, the loss or misplacement of records has led to serious challenges in claiming their pension benefits. Employees whose records could not be found were asked to provide proof of membership, a responsibility that normally falls to the employer and GEPF administrators. 

In many cases, these employees were required to present their payslips as proof of membership. Although some members were able to produce official documents, such as letters of appointment or membership certificates—which detail their contributions to the GEPF—these were rejected by both the employer and the fund as insufficient proof. 

This practice raises questions about the adequacy of the GEPF’s recordkeeping and about members’ rights to their pensions. The burden of proof has been unfairly shifted to employees, even though the GEPF and its administrators are legally responsible for safeguarding members’ contribution records. 

Legislative Updates: The Requirements for Proof of Membership 

Section 6 of Schedule 1 in the GEP Law entitles the GEPF Board to require “satisfactory proof” of any member’s right to benefits. The fund has the discretion not to pay benefits until such proof is provided. However, the law does not specify what form this proof should take, nor does it specifically require a payslip as the only permissible proof of membership. 

The GEPF Membership Guide advises members to keep their first payslip showing contributions to the GEPF, as this slip includes their service date, but this recommendation does not replace official proof of membership. Members are also encouraged to check their membership certificates and raise any discrepancies with human resources. This guidance does not suggest that a payslip is a formal requirement but rather serves as a personal record-keeping recommendation. 

Education: The Real Issues Behind Proof of Membership

This lack of clarity has left many employees in a difficult position. Here are some important points for KZN government employees affected by the record loss: 

1. Section 6 of Schedule 1 Does Not Specify Proof Requirements 

○ The GEP Law does not specify that a payslip is required for proof of membership. Although Section 6 allows the fund to ask for proof, it does not limit what type of documentation qualifies as satisfactory. In fact, a membership certificate should be the primary document proving membership, as it is specifically issued by the GEPF for this purpose. 

2. Membership Certificates Are the Only Legitimate Proof of Membership

○ A membership certificate, which indicates a member’s enrollment in the GEPF, should be the accepted standard of proof. This certificate is issued to each member by the fund and is intended to serve as official confirmation of 

membership. Requiring payslips, which are neither designed nor mandated as proof of membership, places an unnecessary burden on members. 

3. The GEPF is Responsible for Contribution Records 

○ As the custodian of members’ contribution records, the GEPF (or its administrators) should maintain these records to prevent situations where employees are forced to prove their own contributions. This responsibility underscores that members should not need to supply additional proof of membership, let alone by way of a payslip. This lack of accountability has left many former employees without access to the benefits they have earned. 

Final Thoughts: A Need for Clarity and Accountability in Proof of Membership 

The loss of employee records during the 2004 transition has had long-lasting effects on KZN’s former government employees. These individuals are entitled to their pension benefits without undue hardship or unnecessary proof. The GEPF’s reliance on payslips as proof is inconsistent with the GEP Law and raises questions about the GEPF’s own record-keeping practices. 

The fund’s members deserve clear, reasonable standards for proving their right to benefits, with recognition that the GEPF holds ultimate responsibility for maintaining accurate records. Acknowledging the membership certificate as the primary proof of membership, and updating the operational practices to align with this, would be an essential step in supporting the rights of all GEPF members.

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University of Natal (Durban): Workshops on Worker Finances for COSATU in KZN.

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Individual Clients: Personal services ranging from individual business assurance, investments, retirement funds and medical aid


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