Nel and Others v Netcare 1999 Pension Fund and Others (8142/2019) [2020] ZAGPPHC 423 (24 August 2020)

Nel and Others v Netcare 1999 Pension Fund and Others (8142/2019) [2020] ZAGPPHC 423 (24 August 2020)

The court found that the pension fund trustees exercised their discretion in accordance with the Pension Funds Act, properly considering the factual dependency of Tshiamo, who was a minor and financially dependent on the deceased. The applicants failed to establish factual dependency, and their claims were based on speculative future contingencies. The 'bloedige hand' principle does not extend to exclude Tshiamo, as he was not involved in the crime. The adjudicator's process is not an internal remedy, and the applicants were not entitled to exemption from exhausting remedies. The applications for review and condonation were dismissed, and costs were awarded against the applicants.

Citation
[2020] ZAGPPHC 423
Parties
Applicant: Maria Elizabeth Johanna Nel; Applicant: Jan Albert Beetge; Applicant: Maria Magdalena Roux; Applicant: Martha Carhariba Hendrina; Applicant: Francina Haasbroek; Respondent: Netcare 1999 Pension Fund; Respondent: Tshiamo Christopher Lekalakala; Respondent: Bonolo Gwendolono Lekalakala
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 August 2020
Case Number
8142/2019
Procedural Posture
Review Application / Judgment After Written Submissions
Outcome
Application for review and condonation dismissed with costs.
Judges
S Baqwa
Legal Topics
Pension Funds Act, Review of Administrative Action, Dependants Definition, Bloedige Hand Principle
Administrative Law Civil Procedure Pension Funds Act Review of Administrative Action Dependants Definition Bloedige Hand Principle

Case Brief

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Parties

Maria Elizabeth Johanna Nel

Applicant

Jan Albert Beetge

Applicant

Maria Magdalena Roux

Applicant

Martha Carhariba Hendrina

Applicant

Francina Haasbroek

Applicant

Netcare 1999 Pension Fund

Respondent

Tshiamo Christopher Lekalakala

Respondent

Bonolo Gwendolono Lekalakala

Respondent

Procedural Posture

Review Application / Judgment After Written Submissions

Legal Issues

  1. 1 Whether the decision of the pension fund to award the death benefit solely to Tshiamo Christopher Lekalakala was lawful and reviewable.
  2. 2 Whether the applicants qualify as dependants of the deceased under the Pension Funds Act.
  3. 3 Whether the common law 'bloedige hand' principle should exclude Tshiamo from receiving the benefit.

Ratio Decidendi

The court found that the pension fund trustees exercised their discretion in accordance with the Pension Funds Act, properly considering the factual dependency of Tshiamo, who was a minor and financially dependent on the deceased. The applicants failed to establish factual dependency, and their claims were based on speculative future contingencies. The 'bloedige hand' principle does not extend to exclude Tshiamo, as he was not involved in the crime. The adjudicator's process is not an internal remedy, and the applicants were not entitled to exemption from exhausting remedies. The applications for review and condonation were dismissed, and costs were awarded against the applicants.

Court Disposition

Application for review and condonation dismissed with costs.

Orders

  • The condonation application is dismissed.
  • The main application is dismissed.