Mhlontlo v Government Employees Pension Fund (2398/20) [2021] ZAECPEHC 46 (19 August 2021)

Mhlontlo v Government Employees Pension Fund (2398/20) [2021] ZAECPEHC 46 (19 August 2021)

The court found that the respondent failed to act in accordance with its constitutional and statutory obligations by refusing to properly calculate and pay the applicant's pension benefits for his full period of service. The respondent's reliance on the Z 102 form was not supported by any legal provision in the...

Source-derived case information.

Citation
[2021] ZAECPEHC 46
Parties
Plaintiff: Sandile Washinghton Mhlontlo; Defendant: Government Employees Pension Fund
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
19 August 2021
Case Number
2398/20
Procedural Posture
Judicial Review Application / Judgment
Outcome
Application granted. The respondent is ordered to take all necessary steps to calculate and process the applicant's pension benefits and pay the costs of the application.
Judges
Govindjee
Legal Topics
Government Employees Pension Law, Judicial Review, Non Joinder, Administrative Action, Constitutional Rights
Administrative Law Civil Procedure Government Employees Pension Law Judicial Review Non Joinder Administrative Action Constitutional Rights

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Summary, issues, holding and outcome

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Parties

Sandile Washinghton Mhlontlo

Plaintiff

Government Employees Pension Fund

Defendant

Procedural Posture

Judicial Review Application / Judgment

Legal Issues

  1. 1 Whether the respondent's administrative action in failing to properly calculate and pay the applicant's pension benefits should be judicially reviewed and set aside.
  2. 2 Whether the respondent is entitled to rely solely on the Z 102 form submitted by the employer for pension calculations.
  3. 3 Whether the Department of Education is a necessary party for joinder.

Ratio Decidendi

The court found that the respondent failed to act in accordance with its constitutional and statutory obligations by refusing to properly calculate and pay the applicant's pension benefits for his full period of service. The respondent's reliance on the Z 102 form was not supported by any legal provision in the Government Employees Pension Law or the Fund's Rules. The Department of Education did not have a direct and substantial interest in the relief sought, and its joinder was not necessary. The Fund was obliged to engage meaningfully with the applicant and take all necessary steps to ensure the proper calculation and payment of his pension benefits, including periods served under...

Court Disposition

Application granted. The respondent is ordered to take all necessary steps to calculate and process the applicant's pension benefits and pay the costs of the application.

Orders

  • The respondent is ordered forthwith to take all steps necessary to procure the proper and comprehensive calculation of the applicant's pension benefits in terms of the Government Employees Pension Law, 1996, and to thereafter process the applicant's claim for further payment of pension benefits.
  • The respondent is ordered to pay the costs of the application.