An investigation into the CFO of Robben Island Museum reveals allegations of fraud and résumé falsification, leading to the freezing of his pension benefits pending criminal proceedings.
Image: Unsplash
The former chief financial officer (CFO) of Robben Island Museum has failed in his bid to have his pension benefit released after the Pension Funds Adjudicator ruled that the retirement fund was entitled to withhold the money pending the outcome of criminal proceedings.
The former CFO, who was employed by the museum from June 1, 2023 until June 12, 2025, was dismissed following a disciplinary hearing into allegations that he fraudulently misrepresented his professional qualifications. His withdrawal benefit of R389 534.33 was subsequently frozen by the Alexander Forbes Retirement Fund at the request of the museum.
Robben Island Museum alleged that the former CFO falsely claimed to be a member of the South African Institute of Chartered Accountants (SAICA) when he was appointed. The museum said it suffered financial loss because it paid him more than R2 million in remuneration for a position he was allegedly not qualified to hold.
On July 13, 2025, the museum requested the fund to withhold the withdrawal benefit. The fund informed the former CFO of the request on September 16, 2025 and invited him to make representations. His legal representatives submitted written representations on September 25, 2025, but the fund decided on October 17, 2025 to withhold the benefit pending the finalisation of criminal proceedings.
The former CFO complained to the Pension Funds Adjudicator, arguing that he had not been criminally charged or personally served with a civil claim. He said several months had passed since the museum indicated its intention to institute legal proceedings, but no criminal charges had been brought and no civil action had been instituted.
The retirement fund said the museum and the former CFO were involved in multiple legal proceedings. It said the museum had advised that it was consulting its legal representatives to quantify its losses, which were estimated to exceed R3 million, including legal costs.
The former CFO's legal representatives disputed the allegation of fraudulent misrepresentation, relying on an explanatory affidavit signed by him on 21 February 2025, which stated that his SAICA membership had been terminated because of non-payment of membership fees.
The retirement fund argued that section 37D of the Pension Funds Act permits the withholding of a member's benefit where an employer seeks to recover losses caused by theft, fraud, dishonesty or misconduct, pending the outcome of legal proceedings.
Robben Island Museum told the Adjudicator that it had opened a criminal case against the former CFO and that the matter was before prosecutors for further direction.
The museum alleged that between December 6, 2022 and June 12, 2025, the former CFO earned R4 353 711.84 in salary under false pretences arising from the alleged misrepresentation. It said his pension benefit amounted to R388 192.67, while its alleged losses exceeded that amount.
The museum also submitted an affidavit from SAICA stating that the former CFO's name did not appear on its register of Chartered Accountants. It further submitted a letter of demand dated 2 December 2025 seeking repayment of R4 353 711.84.
In addition, the museum alleged that it incurred legal costs of about R3 million in defending court applications brought by the former CFO and suffered irregular expenditure of about R2 million arising from procurement irregularities allegedly linked to his conduct.
In his determination, Pension Funds Adjudicator Lebogang Mogashoa said the employer had established a prima facie case that the alleged loss arose from dishonesty.
“A fund may only invoke section 37D(1)(b) if the conduct is dishonest or has an element of dishonesty. The affidavit from SAICA indicates that the complainant does not appear on its register of Chartered Accountants. At prima facie, the conduct constitutes an element of dishonesty.
“In this case, although the employer has not instituted a civil claim for damages, it has sent a letter of demand invalidating the employment contract and seeking damages from the complainant. Further, the criminal matter is currently in the hands of prosecutors and the employer is not responsible for any delay in this regard.
“Therefore, I am satisfied that the loss alleged against the complainant arises from dishonesty. Thus, the withholding of his benefit is substantively lawful,” the Adjudicator said.
Mogashoa also found that the former CFO had been afforded an opportunity to make representations before the fund made its decision.
He added: “The complainant was afforded an opportunity to make representations regarding the allegations against him and the fund made a decision after considering the representations. Therefore, the withholding of his withdrawal benefit was procedurally lawful and complied with the audi alterm paterm principle.”
The complaint was dismissed.
PERSONAL FINANCE
An investigation into the CFO of Robben Island Museum reveals allegations of fraud and résumé falsification, leading to the freezing of his pension benefits pending criminal proceedings.
Image: Unsplash