Mavuso and Another v Commission for Gender Equality (05581/23) [2025] ZAGPPHC 166 (17 February 2025)

Mavuso and Another v Commission for Gender Equality (05581/23) [2025] ZAGPPHC 166 (17 February 2025)

The court found that the applicants' employment contracts expressly entitled them to a 17% employer pension allowance, and the respondent's unilateral withdrawal of this benefit constituted a breach of contract. The respondent failed to conduct any meaningful consultation prior to the withdrawal, and the purported ex post facto consultation two years later did not cure the procedural defect. The court rejected the respondent's prescription argument, holding that only the earliest months could be prescribed due to the continuing nature of the debt. The court further held that section 3 of Act 40 of 2002 did not apply to the contractual claim for specific performance. The doctrine of lis...

Citation
[2025] ZAGPPHC 166
Parties
Applicant: Nomsa Moltah Mavuso; Applicant: Nceba Emmanuel Mrwebo; Respondent: Commission for Gender Equality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 February 2025
Case Number
05581/23
Procedural Posture
Review Application / Opposed Motion for Declaratory and Mandatory Relief
Outcome
Application granted. The respondent's withdrawal and termination of the applicants' 17% pension benefit declared unlawful and in breach of contract. Orders for reinstatement, payment, and costs issued.
Judges
LG Kilmartin
Legal Topics
Breach of Employment Contract, Unilateral Change of Terms, Consultation Requirements, Prescription, Jurisdiction, Specific Performance
Labour Law Civil Procedure Breach of Employment Contract Unilateral Change of Terms Consultation Requirements Prescription Jurisdiction Specific Performance

Case Brief

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Parties

Nomsa Moltah Mavuso

Applicant

Nceba Emmanuel Mrwebo

Applicant

Commission for Gender Equality

Respondent

Procedural Posture

Review Application / Opposed Motion for Declaratory and Mandatory Relief

Legal Issues

  1. 1 Whether the respondent's withdrawal and termination of the applicants' 17% pension benefit was unlawful and in breach of the employment contracts.
  2. 2 Whether the respondent complied with the legal requirements for consultation prior to altering contractual benefits.
  3. 3 Whether the applicants' claim was prescribed under the Prescription Act.

Ratio Decidendi

The court found that the applicants' employment contracts expressly entitled them to a 17% employer pension allowance, and the respondent's unilateral withdrawal of this benefit constituted a breach of contract. The respondent failed to conduct any meaningful consultation prior to the withdrawal, and the purported ex post facto consultation two years later did not cure the procedural defect. The court rejected the respondent's prescription argument, holding that only the earliest months could be prescribed due to the continuing nature of the debt. The court further held that section 3 of Act 40 of 2002 did not apply to the contractual claim for specific performance. The doctrine of lis...

Court Disposition

Application granted. The respondent's withdrawal and termination of the applicants' 17% pension benefit declared unlawful and in breach of contract. Orders for reinstatement, payment, and costs issued.

Orders

  • The respondent's withdrawal and/or termination of the applicants' 17% pension benefit with effect from 1 April 2020 is declared unlawful and in breach of the contracts of employment.
  • The respondent is ordered to reinstate the applicants' 17% pension benefit with effect from June 2020 in terms of the employment contracts.