RECENT COURT RULINGS ON NSSF ACT 2013 AND EXPORT OF SERVICES
A) DEMYSTIFYING THE NSSF ACT 2013
The National Social Security Fund Act, 2013 (“NSSF Act”) was enacted in the year 2013. However, it has been a subject of protracted court battle since 2014. This led to a culmination of a judgment by the Employment and Labour Relations Court (ELRC) delivered on 19 September 2022 declaring that the Act is
unconstitutional. NSSF challenged this judgment at the Court of Appeal and on 3 February 2023, the Court made its decision, making a pronouncement that the Act was validly enacted into law. In view of this, the provisions of the Act that were suspended are now in force.
Implications of the NSSF Act The NSSF Act will now apply to all the employers, employees and self-employed individuals. The Act establishes a new Pension Fund and a Provident Fund and provides for a mode of transition where members of the Old Provident Fund that existed before 2013 shall be members of the new Pension Fund.