Mafeta Monethi V Chairperson, Benefits Administration Committee & 2 Others (CIV/APN/385/2019) [2024] LSHC 158 (4 September 2024)

Mafeta Monethi V Chairperson, Benefits Administration Committee & 2 Others (CIV/APN/385/2019) [2024] LSHC 158 (4 September 2024)

The court found that the Respondents acted within the law, properly included the applicant’s past service benefit in the computation, and that no reviewable irregularity occurred. The application for review was therefore dismissed with costs.

Citation
[2024] LSHC 158
Parties
Applicant: Mafeta Monethi; 1st Respondent: Chairperson, Benefits Administration Committee; 2nd Respondent: Board of Trustees of the Public Officers Defined Contribution Pension Fund; 3rd Respondent: Public Officers’ Defined Contribution Pension Fund
Court
High Court
Jurisdiction
Lesotho
Judgment Date
4 September 2024
Case Number
CIV/APN/385/2019
Procedural Posture
Application for Judicial Review / Judgment
Outcome
Application dismissed with costs
Legal Topics
Computation of Pension Benefits, Review of Administrative Decisions, Transition Between Pension Regimes
Source Language
English
Pension Law Administrative Law Computation of Pension Benefits Review of Administrative Decisions Transition Between Pension Regimes

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Parties

Mafeta Monethi

Applicant

Chairperson, Benefits Administration Committee

1st Respondent

Board of Trustees of the Public Officers Defined Contribution Pension Fund

2nd Respondent

Public Officers’ Defined Contribution Pension Fund

3rd Respondent

Procedural Posture

Application for Judicial Review / Judgment

Legal Issues

  1. 1 Whether the computation of the applicant’s pension benefits was conducted under the correct legal regime
  2. 2 Whether the applicant’s past service benefit was included in the computation
  3. 3 Whether the Respondents committed a reviewable irregularity by applying the Pensions Proclamation instead of the Public Officers’ Defined Contribution Fund Act

Ratio Decidendi

The court found that the Respondents acted within the law, properly included the applicant’s past service benefit in the computation, and that no reviewable irregularity occurred. The application for review was therefore dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • The application for review is dismissed with costs.