Untimely death of Charles Pillai, the Pension Funds Adjudicator

The financial services industry has been left all the poorer with the untimely passing away on Saturday 6 November of Charles Pillai, 57, South Africa’s fourth Pension Funds Adjudicator, after a brave battle with cancer.

Possessing a wealth of experience from township lawyer to national guardian of consumers of financial services, Pillai was held in high esteem in the legal, financial and business fraternities.

He took office as Pension Funds Adjudicator on1 April 2010 after serving the Ombud for Financial Services Providers for six years.

Pillai attained a Bachelor of Arts degree at the University of Durban-Westville in 1975. This was followed with a B Proc degree from the University of South Africa in 1979 while he was completing his clerkship. In 2001 he graduated with an LLB from the University of South Africa.

He successfully completed an LLM in Administrative and Constitutional Law at the University of Pretoria, which degree was conferred, with distinction, in March 2004.

He started his legal career in the early 80s in Chatsworth, south of Durban, with a general law practice which included litigation, property and commercial law.

He experienced first-hand the cut and thrust of dormitory township life where the poor, vulnerable and marginalised were often exploited by the unscrupulous and selfish.

In the later 90s he joined the Legal Resources Centre, a public interest law firm, where he was director of the Pretoria office.

He displayed an interest in mediation and conflict resolution early in his career with pro bono work for victims of racism, among others. This culminated in his involvement with the drafting of the United Nations NGO declaration on racism at the World Conference Against Racism held in Durban in 2001.

In 2003 he was appointed South Africa’s first Ombud for Financial Services Providers in terms of the Financial Advisory and Intermediary Services Act 37 of 2002.

Although he issued many unassailable determinations as FAIS Ombud, he shook the solid foundations of the financial services industry when he ruled against a bank that denied a homeowner free choice of insurance on property bonded to the bank, consequently bringing home a strong message of consumer protection. His ruling prompted a positive change in the law on this issue.

Apart from his professional commitments, Pillai had also pursued an interesting hobby as an actor and a playwright. This had seen him script and act in plays such as “Steve Biko - The Inquest”; and the “James Commission”, both plays being based on actual court records.

He shot to instant stardom for his role as Amichand Rajbansi in “James Commission”.

He had also acted in several films, including “A Dry While Season” a film based on the book with a similar title by Andre Brink and “The Making of the Mahatma”, a film based on the life of Mahatma Gandhi, whilst he was in South Africa.

His film and theatre career was a part of his life that he has had to put on hold since his involvement in public interest law and as an adjudicator of disputes in financial services and then pension funds.

Since he came from a very humble background himself, Pillai understood the problems faced by people who looked upon the Office of the Pension Funds Adjudicator as their ultimate savior.

Speaking of his new role in April 2010, Pillai said: “In a world of such flux and uncertainty, the right for individuals to challenge and seek redress when things go wrong really matters.

“Our aim is to be trusted as a responsible organisation by members who complain to us and the pension funds industry alike.

“We are committed to operating with integrity and efficiency as we try to learn through getting to know our stakeholders, listen to their experience of dealing with us and respond and change appropriately- within the constraints of our statutory duties.

“Although we are proud of our achievements so far, we are not complacent in the face of escalating demand about the challenges of maintaining high standards of service or of continually developing the quality and consistency of judgment and decision-making.”

Elmarie de la Rey, the acting Pension Funds Adjudicator, said Mr Pillai’s passing away was a great loss for both the legal fraternity as well as oversight of the financial services industry.

“His rare distinction is that he had made an indelible mark on the landscape of the financial services industry, both as FAIS Ombud as well as Pension Funds Adjudicator.

“During the relatively short period I had worked with Mr Pillai, I admired him for the great lawyer that he was – full of gravitas, deep knowledge and life’s experiences.

“Apart from a great sense of humour, he was also a sincerely caring human being who went out of his way to support and uplift colleagues.”

Commenting on Pillai’s death, Finance Minister, Pravin Gordhan, said: "Charles Pillai distinguished himself as FAIS Ombud and brought international recognition to the Ombud's office through many groundbreaking determinations which positively changed the face of financial advice and intermediary services in South Africa."

Gordhan said during the short time Pillai occupied the adjudicator's office he brought the same degree of commitment and dedication to his position as he had as FAIS Ombud.

"On behalf of the South African government and the Ministry of Finance, I extend my heartfelt condolences to the Pillai family," Gordhan said.

· Mr Pillai’s funeral service will take place on Wednesday 10 November 2010 from 11.30am to 3pm at the Clare Estate Crematorium in Durban.

In lieu of flowers, it was his wish that any donations be made to a cancer fund.