Special Investigating Unit v Hlatshwayo and Another (GP/20/2020) [2021] ZAST 3 (12 February 2021)

Special Investigating Unit v Hlatshwayo and Another (GP/20/2020) [2021] ZAST 3 (12 February 2021)

The Tribunal found that the GEPF, as a statutory entity governed by the Government Employees Pension Law, possesses the power to withhold payment of pension benefits pending the outcome of proceedings to determine liability for losses caused by misconduct, as contemplated in section 21 of the Pension Law. The absence of admitted liability or a judgment does not preclude the granting of a preservation order, as a purposive interpretation of the statute is required to avoid rendering its protective provisions nugatory. The Tribunal further held that the limitations in Rule 23 do not override the statutory powers conferred by the Pension Law, and that delegated legislation cannot abrogate...

Citation
[2021] ZAST 3
Parties
Applicant: Special Investigating Unit; Respondent: Jacob Basil Hlatshwayo; Respondent: Government Employees Pension Fund
Court
Special Tribunal
Jurisdiction
South Africa
Judgment Date
12 February 2021
Case Number
GP/20/2020
Procedural Posture
Urgent Application / Return Date of Rule Nisi and Application for Extension
Outcome
The point of law raised by Mr. Hlatshwayo is dismissed with costs. The SIU's application for extension of the rule nisi is granted. The rule nisi is extended to 8 March 2021.
Judges
L T Modiba
Legal Topics
Pension Fund Preservation, Special Tribunals Act, Government Employees Pension Law, Rule Nisi Extension, Statutory Interpretation
Administrative Law Civil Procedure Pension Fund Preservation Special Tribunals Act Government Employees Pension Law Rule Nisi Extension Statutory Interpretation

Case Brief

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Parties

Special Investigating Unit

Applicant

Jacob Basil Hlatshwayo

Respondent

Government Employees Pension Fund

Respondent

Procedural Posture

Urgent Application / Return Date of Rule Nisi and Application for Extension

Legal Issues

  1. 1 Whether the Government Employees Pension Fund can be interdicted from releasing Mr. Hlatshwayo's pension benefits pending finalisation of proceedings.
  2. 2 Whether the rule nisi was competently sought and granted under the applicable rules.
  3. 3 Whether the Special Investigating Unit is entitled to an extension of the rule nisi.

Ratio Decidendi

The Tribunal found that the GEPF, as a statutory entity governed by the Government Employees Pension Law, possesses the power to withhold payment of pension benefits pending the outcome of proceedings to determine liability for losses caused by misconduct, as contemplated in section 21 of the Pension Law. The absence of admitted liability or a judgment does not preclude the granting of a preservation order, as a purposive interpretation of the statute is required to avoid rendering its protective provisions nugatory. The Tribunal further held that the limitations in Rule 23 do not override the statutory powers conferred by the Pension Law, and that delegated legislation cannot abrogate...

Court Disposition

The point of law raised by Mr. Hlatshwayo is dismissed with costs. The SIU's application for extension of the rule nisi is granted. The rule nisi is extended to 8 March 2021.

Orders

  • Mr. Hlatshwayo's point of law is dismissed with costs.
  • Paragraph 1 of the Notice of Motion filed by the SIU dated 29 January 2021 is amended to extend the rule nisi to 8 March 2021, or a date determined by the Tribunal.