a) Arbitration proceedings were brought against one of the previous administrators Dynam-ique SA Consultants and Actuaries [Status: settled out of court without any admission of wrongdoing]
b) A civil lawsuit was brought against one of the previous trustees and one of the directors of Dynam-ique SA Consultants and Actuaries, namely Tony Kamionsky [Status: settled out of court without any admission of wrongdoing]
c) A civil lawsuit was brought against the then current administrator AON [Status: unknown - if anyone knows the outcome of this one then please Contact Us and we will update this answer]
d) A High Court application was brought by Tony Kamionsky to compel the Funds and the Insurer to provide information on the Fund's indemnity policies [Status: settled out of court with the Funds and Insurer handing over information on the policies]
e) A Pension Funds Adjudicator claim was brought by the members against the trustees who initiated the rebuild [Status: the Adjudicator ruled in the members' favour - the trustees concerned then appealed to the High Court and the Adjudicator's determination was set aside on the basis that none of the Complainants opposed the application effectively meaning the complaint had been withdrawn
f) A civil lawsuit was brought by Dell Computers (one of the participating employers) against the then current and former trustees [Status: lawsuit withdrawn by Dell]
g) A defamation lawsuit was brought by Tony Kamionsky against some of the trustees who initiated the rebuild, namely Renier Botha and David Lepar [Status: lawsuit withdrawn by Kamionsky]
First the Association of Arbitrators was contacted to see if they could appoint a suitable independent chair. They however advised they could not due to them only being able to make an appointment where there is a written agreement between the parties confirming that the appointment would be made by the Association of Arbitrators. A review of the website of the Arbitration Foundation of South Africa indicated that they too only can get involved in such circumstances. So next a search of arbitrators was done on LinkedIn and of the individuals found through that search Mark Hawyes stood out as by far the most qualified and experienced to chair such a commission of enquiry. Mark Hawyes was therefore approached about the position and fortunately he was available and willing to take on the role.
Not at all. The Chair of the Commission is aware of Tony Kamionsky's involvement and the Chair has made it clear to Mr Kamionsky that he acts independently and will not give any special treatment or favour to Mr Kamionsky. Mr Kamionsky has indicated he is very comfortable with this and he welcomes a fully independent investigation and ruling. In addition an invitation to participate in the establishment of the Commission was extended to a number of other key individuals (namely Renier Botha, David Lepar and Carel Smith) however they declined the invitation.
