Tindeli and Another v Government Employees Pension Fund (65787/17) [2019] ZAGPPHC 143 (6 May 2019)

Tindeli and Another v Government Employees Pension Fund (65787/17) [2019] ZAGPPHC 143 (6 May 2019)

The court found that the First Applicant failed to establish locus standi to act on behalf of the Second Applicant, as no supporting documentation or resolution was annexed to the founding affidavit. Proof of authority must be provided at the outset, not in reply. Furthermore, the applicants failed to cite or notify other government functionaries with a direct and substantial interest in the proceedings, such as the Minister of Finance or National Treasury. These procedural defects are dispositive and fatal to the application for class action certification. The application was therefore dismissed with costs, including the costs of two counsel.

Citation
[2019] ZAGPPHC 143
Parties
Applicant: Vuyelwa Mandisa Tindeli; Applicant: Former Transkei Civil Servants; Respondent: Government Employees Pension Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 May 2019
Case Number
65787/17
Procedural Posture
Urgent Application / Application for Leave to Institute Class Action; Opposed Motion
Outcome
Application dismissed with costs, including costs of two counsel.
Judges
Collis
Legal Topics
Class Action Certification, Locus Standi, Bill of Rights Enforcement, Joinder of Parties
Civil Procedure Constitutional Law Class Action Certification Locus Standi Bill of Rights Enforcement Joinder of Parties

Case Brief

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Parties

Vuyelwa Mandisa Tindeli

Applicant

Former Transkei Civil Servants

Applicant

Government Employees Pension Fund

Respondent

Procedural Posture

Urgent Application / Application for Leave to Institute Class Action; Opposed Motion

Legal Issues

  1. 1 Whether the First Applicant has locus standi to represent the proposed classes in a class action.
  2. 2 Whether the class is sufficiently defined and identifiable for certification.
  3. 3 Whether all interested parties with a direct and substantial interest have been properly cited and notified.

Ratio Decidendi

The court found that the First Applicant failed to establish locus standi to act on behalf of the Second Applicant, as no supporting documentation or resolution was annexed to the founding affidavit. Proof of authority must be provided at the outset, not in reply. Furthermore, the applicants failed to cite or notify other government functionaries with a direct and substantial interest in the proceedings, such as the Minister of Finance or National Treasury. These procedural defects are dispositive and fatal to the application for class action certification. The application was therefore dismissed with costs, including the costs of two counsel.

Court Disposition

Application dismissed with costs, including costs of two counsel.

Orders

  • The application is dismissed with costs, such costs to include the cost consequent on the employment of two counsel.