Rousseau and Others v Government Employees Pension Fund and Others (2938/2021) [2022] ZAFSHC 285 (21 October 2022)

Rousseau and Others v Government Employees Pension Fund and Others (2938/2021) [2022] ZAFSHC 285 (21 October 2022)

The court held that the decision of the Government Pension Administration Agency to allocate pension benefits to the major children was vitiated by its failure to consider the deceased's 2010 nomination form. The Board was unaware of the nomination and did not take it into account, resulting in a decision made...

Source-derived case information.

Citation
[2022] ZAFSHC 285
Parties
Applicant: Sellmurry Rousseau; Applicant: Francois John Domburg; Applicant: Juandre Adrian Domburg; Respondent: Government Employees Pension Fund; Respondent: Minister of Defence; Respondent: Gertie Mary Domburg; Respondent: Marouise Wilnet Jonica Domburg; Respondent: Geraldine Samantha Domburg; Respondent: Andrea Jacquiline Domburg; Respondent: Government Pension Administration Agency; Respondent: Sheriff of Bloemfontein West
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
21 October 2022
Case Number
2938/2021
Procedural Posture
Review Application / Judgment After Opposed Motion
Outcome
Application for review granted; decision set aside and remitted for reconsideration.
Judges
Reinders, Chesiwe
Legal Topics
Promotion of Administrative Justice Act, Pension Fund Discretion, Definition of Dependant, Review of Administrative Action, Equitable Distribution, Costs Order
Administrative Law Civil Procedure Promotion of Administrative Justice Act Pension Fund Discretion Definition of Dependant Review of Administrative Action Equitable Distribution Costs Order

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Parties

Sellmurry Rousseau

Applicant

Francois John Domburg

Applicant

Juandre Adrian Domburg

Applicant

Government Employees Pension Fund

Respondent

Minister of Defence

Respondent

Gertie Mary Domburg

Respondent

Marouise Wilnet Jonica Domburg

Respondent

Geraldine Samantha Domburg

Respondent

Andrea Jacquiline Domburg

Respondent

Government Pension Administration Agency

Respondent

Sheriff of Bloemfontein West

Respondent

Procedural Posture

Review Application / Judgment After Opposed Motion

Legal Issues

  1. 1 Whether the decision of the Government Pension Administration Agency to allocate pension benefits to major children was lawful and rational.
  2. 2 Whether the Board of Trustees exercised its discretion properly by not considering the deceased's 2010 nomination form.
  3. 3 Whether the decision constitutes administrative action reviewable under PAJA.

Ratio Decidendi

The court held that the decision of the Government Pension Administration Agency to allocate pension benefits to the major children was vitiated by its failure to consider the deceased's 2010 nomination form. The Board was unaware of the nomination and did not take it into account, resulting in a decision made without all relevant information. While the Board has a wide discretion to allocate benefits among dependants and may override a member's wishes, such discretion must be exercised rationally and with due regard to all relevant factors, including valid nominations. The statutory definition of 'dependant' includes major children, and financial dependency or estrangement does not...

Court Disposition

Application for review granted; decision set aside and remitted for reconsideration.

Orders

  • The decision of the seventh respondent and the allocation of dependants (including any allocations dated 27 and 28 October 2020) in respect of Willem Andries Franswa Domburg is reviewed and set aside.
  • The matter is referred back to the seventh respondent for reconsideration and reallocation of dependants, with due consideration of the deceased's nomination form dated 5 July 2010.