National Treasury v Jozana and Others, In Re: Jozana v National Treasury and Others (24969/2014) [2015] ZAGPPHC 847 (23 October 2015)

National Treasury v Jozana and Others, In Re: Jozana v National Treasury and Others (24969/2014) [2015] ZAGPPHC 847 (23 October 2015)

The court found that the order sought to be appealed was interim in nature, dealing only with procedural aspects and not determining the substantive rights of the parties. It was neither final nor definitive and did not dispose of any substantive issue. The National Treasury, through its conduct and correspondence, was the entity that initiated and managed the process regarding Mr Jozana's special pension, making it the appropriate party to implement the court's order. The arguments advanced by National Treasury regarding its role and the appealability of the order were rejected. The application for leave to appeal was dismissed as there were no reasonable prospects of success, and the...

Citation
[2015] ZAGPPHC 847
Parties
Applicant: National Treasury; Respondent: Christopher Jozana; Respondent: Government Pensions Administration Agency; Respondent: Government Employees Pension Fund; Respondent: South African Social Service Agency; Respondent: Minister of Justice and Constitutional Development; Respondent: Minister of Social Development
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 October 2015
Case Number
24969/2014
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against an Interim Order
Outcome
Application for leave to appeal dismissed.
Judges
TM Makgoka
Legal Topics
Special Pensions Act, Appealability of Interim Orders, Administrative Fairness, Decision Maker Identification
Administrative Law Civil Procedure Special Pensions Act Appealability of Interim Orders Administrative Fairness Decision Maker Identification

Case Brief

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Parties

National Treasury

Applicant

Christopher Jozana

Respondent

Government Pensions Administration Agency

Respondent

Government Employees Pension Fund

Respondent

South African Social Service Agency

Respondent

Minister of Justice and Constitutional Development

Respondent

Minister of Social Development

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against an Interim Order

Legal Issues

  1. 1 Whether the interim order granted on 18 May 2015 is appealable.
  2. 2 Whether National Treasury is the correct entity to be directed to implement the court order.
  3. 3 Whether the process for termination of Mr Jozana's special pension complied with administrative fairness.

Ratio Decidendi

The court found that the order sought to be appealed was interim in nature, dealing only with procedural aspects and not determining the substantive rights of the parties. It was neither final nor definitive and did not dispose of any substantive issue. The National Treasury, through its conduct and correspondence, was the entity that initiated and managed the process regarding Mr Jozana's special pension, making it the appropriate party to implement the court's order. The arguments advanced by National Treasury regarding its role and the appealability of the order were rejected. The application for leave to appeal was dismissed as there were no reasonable prospects of success, and the...

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.