Cronje and Others v Nash and Others (43585/2019) [2023] ZAGPJHC 522 (19 May 2023)

Cronje and Others v Nash and Others (43585/2019) [2023] ZAGPJHC 522 (19 May 2023)

The court found that only two applicants, Mr Isaiah Masitha and Mrs Elena Forno-Nash, had clearly and voluntarily joined the intervention application. The remaining thirty-two applicants' participation was doubtful, with evidence that some were unaware of their inclusion or had accepted offers to exit the Fund. The...

Source-derived case information.

Citation
[2023] ZAGPJHC 522
Parties
Applicant: Annette Cronje; Applicant: Elena Forno-Nash; Applicant: Anna Hughes; Applicant: Peter Williams; Applicant: Iris Schoeman; Applicant: Mthokozisi Mazibuko; Applicant: Onika Mathews; Applicant: Isaiah Masitha; Applicant: Marion Nezar; Applicant: Maureen Fredericks; Applicant: Evano Busch; Applicant: Xolile Tokota; Applicant: Moses Mache; Applicant: Holoise Benade; Applicant: Natasha Morris; Applicant: Izak van Rooijen; Applicant: Justin Swartz; Applicant: Matthew Haner; Applicant: Clive Botha; Applicant: Roshina Reddy; Applicant: Imelda Mudau; Applicant: Aiden Komer; Applicant: Elvis Mabaso; Applicant: Aletta Sithebe; Applicant: Samantha Mays; Applicant: Clinton Overweg; Applicant: Patrick Doll; Applicant: Thulane Mbhele; Applicant: Nicola Wilkinson; Applicant: Dumisani Khumalo; Applicant: Brandon Nezar; Applicant: Jan Mafangu; Applicant: Damien Kapp; Applicant: Daphne Mudau; Respondent: Simon John Nash; Respondent: Cadac (Pty) Ltd; Respondent: The Cadac Pension Fund (in curatorship); Respondent: Anton Louis Mostert N.O.; Respondent: Johan Esterhuizen N.O.; Respondent: Karen Keevy N.O.; Respondent: NMG Administrators (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
19 May 2023
Case Number
43585/2019
Procedural Posture
Review Application / Application to Intervene in Main Review; Application for Discovery Under Rule 35(13)
Judges
Vally
Legal Topics
Intervention Application, Pension Fund Curatorship, Legal Standing, Review of Administrative Action, Discovery Procedure, Defined Contribution Vs Defined Benefit
Civil Procedure Commercial and Corporate Labour Law Intervention Application Pension Fund Curatorship Legal Standing Review of Administrative Action Discovery Procedure +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Party arguments 2
Sign in to unlock

Parties

Annette Cronje

Applicant

Elena Forno-Nash

Applicant

Anna Hughes

Applicant

Peter Williams

Applicant

Iris Schoeman

Applicant

Mthokozisi Mazibuko

Applicant

Onika Mathews

Applicant

Isaiah Masitha

Applicant

Marion Nezar

Applicant

Maureen Fredericks

Applicant

Evano Busch

Applicant

Xolile Tokota

Applicant

Moses Mache

Applicant

Holoise Benade

Applicant

Natasha Morris

Applicant

Izak van Rooijen

Applicant

Justin Swartz

Applicant

Matthew Haner

Applicant

Clive Botha

Applicant

Roshina Reddy

Applicant

Imelda Mudau

Applicant

Aiden Komer

Applicant

Elvis Mabaso

Applicant

Aletta Sithebe

Applicant

Samantha Mays

Applicant

Clinton Overweg

Applicant

Patrick Doll

Applicant

Thulane Mbhele

Applicant

Nicola Wilkinson

Applicant

Dumisani Khumalo

Applicant

Brandon Nezar

Applicant

Jan Mafangu

Applicant

Damien Kapp

Applicant

Daphne Mudau

Applicant

Simon John Nash

Respondent

Cadac (Pty) Ltd

Respondent

The Cadac Pension Fund (in curatorship)

Respondent

Anton Louis Mostert N.O.

Respondent

Johan Esterhuizen N.O.

Respondent

Karen Keevy N.O.

Respondent

NMG Administrators (Pty) Ltd

Respondent

Procedural Posture

Review Application / Application to Intervene in Main Review; Application for Discovery Under Rule 35(13)

Legal Issues

  1. 1 Whether the thirty-four individual applicants have standing and have voluntarily joined the intervention application.
  2. 2 Whether the curators' decisions regarding the Fund are reviewable irregularities.
  3. 3 Whether the applicants are entitled to discovery under rule 35(13) in addition to the rule 53 record.

Ratio Decidendi

The court found that only two applicants, Mr Isaiah Masitha and Mrs Elena Forno-Nash, had clearly and voluntarily joined the intervention application. The remaining thirty-two applicants' participation was doubtful, with evidence that some were unaware of their inclusion or had accepted offers to exit the Fund. The court accepted the curators' contention that Mr Nash was the driving force behind the litigation but held that this was not a ground to deny intervention to those with a legitimate interest. The application by the thirty-two was dismissed, but leave was granted to Mrs Forno-Nash to bring a fresh application in her own name and to Mr Masitha to intervene. The application for...