Public Servants Association of South Africa and Others v Government Employers Pension Fund and Others (57703/16) [2019] ZAGPPHC 199 (25 May 2019)

Public Servants Association of South Africa and Others v Government Employers Pension Fund and Others (57703/16) [2019] ZAGPPHC 199 (25 May 2019)

The court held that Rule 14.4.2 of the GEPF Rules requires the Board to consult with the Minister and employee organisations when determining actuarial factors, but does not require agreement or acceptance of their input. The consultation requirement was satisfied, as the Minister was consulted and acquiesced, and the employee organisations, including the applicants, were represented on the Board and at the PSCBC meeting where the factors were discussed. No objections were raised at the relevant times. The court found that consultation may occur before or after the decision, and the Board is not obliged to accept input from consultees. The application for review was dismissed as the...

Citation
[2019] ZAGPPHC 199
Parties
Applicant: Public Servants Association of South Africa; Applicant: James Kilgour Vanwyk; Applicant: Benson Boy Ishmael Olifant; Respondent: Government Employees Pension Fund; Respondent: Minister of Finance; Respondent: Minister of Public Service and Administration
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
25 May 2019
Case Number
57703/16
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs, including costs of two counsel.
Judges
Van der Westhuizen
Legal Topics
Consultation Requirements, Government Employees Pension Law, Judicial Review, Fiduciary Duties, Interpretation of Rules
Administrative Law Civil Procedure Consultation Requirements Government Employees Pension Law Judicial Review Fiduciary Duties Interpretation of Rules

Case Brief

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Parties

Public Servants Association of South Africa

Applicant

James Kilgour Vanwyk

Applicant

Benson Boy Ishmael Olifant

Applicant

Government Employees Pension Fund

Respondent

Minister of Finance

Respondent

Minister of Public Service and Administration

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Board of Trustees of the GEPF was required to consult with the Minister and employee organisations before amending actuarial factors for pension calculations.
  2. 2 Whether the consultation requirement under Rule 14.4.2 was satisfied by the GEPF.
  3. 3 Whether the review of the Board's decision lies under PAJA or the principle of legality.

Ratio Decidendi

The court held that Rule 14.4.2 of the GEPF Rules requires the Board to consult with the Minister and employee organisations when determining actuarial factors, but does not require agreement or acceptance of their input. The consultation requirement was satisfied, as the Minister was consulted and acquiesced, and the employee organisations, including the applicants, were represented on the Board and at the PSCBC meeting where the factors were discussed. No objections were raised at the relevant times. The court found that consultation may occur before or after the decision, and the Board is not obliged to accept input from consultees. The application for review was dismissed as the...

Court Disposition

Application dismissed with costs, including costs of two counsel.

Orders

  • The application is dismissed with costs, such costs to include the costs consequent upon the employ of two counsel.