Makgobatlou v Transnet Pension Fund (5573/2005) [2009] ZAGPPHC 120 (29 September 2009)

Makgobatlou v Transnet Pension Fund (5573/2005) [2009] ZAGPPHC 120 (29 September 2009)

Although the court maintains that its decision on jurisdiction was correct, it acknowledges that another court may find error in entertaining the jurisdictional point without a formal withdrawal of the respondent's admission. The applicant's argument that admissions in affidavits require formal withdrawal is supported by authority. Given the possibility that an appeal court may reach a different conclusion, and in the interests of justice, leave to appeal is granted. The respondent's request to amend its affidavit must be addressed by the appeal court, as the trial court is functus officio. Costs are reserved for the outcome of the appeal.

Citation
[2009] ZAGPPHC 120
Parties
Applicant: Dina Maria Makgobatlou; Respondent: Transnet Pension Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 September 2009
Case Number
5573/2005
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Dismissal on Jurisdictional Point
Outcome
Leave to appeal to the Full Bench of the North Gauteng High Court is granted. Costs of the application for leave to appeal are reserved for the outcome of the appeal.
Judges
Mavundla
Legal Topics
Jurisdiction, Admissions in Affidavits, Leave to Appeal, Withdrawal of Admission
Civil Procedure Jurisdiction Admissions in Affidavits Leave to Appeal Withdrawal of Admission

Case Brief

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 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Dina Maria Makgobatlou

Applicant

Transnet Pension Fund

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Dismissal on Jurisdictional Point

Legal Issues

  1. 1 Whether the High Court had jurisdiction to hear the matter without a prior decision from the Pension Funds Adjudicator.
  2. 2 Whether an admission of jurisdiction in an affidavit can be withdrawn without a formal affidavit.
  3. 3 Whether leave to appeal should be granted given the procedural history and possible error in entertaining a point in limine.

Ratio Decidendi

Although the court maintains that its decision on jurisdiction was correct, it acknowledges that another court may find error in entertaining the jurisdictional point without a formal withdrawal of the respondent's admission. The applicant's argument that admissions in affidavits require formal withdrawal is supported by authority. Given the possibility that an appeal court may reach a different conclusion, and in the interests of justice, leave to appeal is granted. The respondent's request to amend its affidavit must be addressed by the appeal court, as the trial court is functus officio. Costs are reserved for the outcome of the appeal.

Court Disposition

Leave to appeal to the Full Bench of the North Gauteng High Court is granted. Costs of the application for leave to appeal are reserved for the outcome of the appeal.

Orders

  • Leave to appeal to the Full Bench of the North Gauteng High Court is granted.
  • Costs of the application for leave to appeal will be costs in the outcome of the appeal.