South Africa Case Law

De Wet v Government Employee Pension Fund (5821/05)

De Wet v Government Employee Pension Fund (5821/05) [2008] ZAGPHC 417 (7 August 2008)

Court

High Courts - Gauteng

Case number

5821/05

Judge

K Satchwell

The court found that the plaintiff's retirement falls squarely within Rule 14.3.1(d) of the Government Employees Pension Fund Rules, as he retired before his pension-retirement date but not before attaining the age of 55, and exercised a statutory right to retire under the Educators Employment Act. The specific provisions of sub-rule (d) apply to his situation, and his benefits are subject to reduction by the early retirement adjustment factor as prescribed in Rule 14.3.3(b). The court rejected the argument that both sub-rules (b) and (d) could apply, holding that the specific rule must be gi…

Source excerpt

• Government Employees Pension Fund
• Early Retirement Adjustment Factor
• Statutory Interpretation
• Educators Employment Act
• Pension Benefits Calculation

Larbi-Odam and Others v Member of the Eexecutive Council for Education (North-West Province) and Another (CCT2/97)

Larbi-Odam and Others v Member of the Eexecutive Council for Education (North-West Province) and Another (CCT2/97) [1997] ZACC 16; 1997 (12) BCLR 1655; 1998 (1) SA 745 (26 November 1997)

Court

Constitutional Court

Case number

CCT 2/97

Judges

Mokgoro, Chaskalson, Langa, Ackermann, Didcott, Goldstone, Kriegler, Madala, O'Regan, Sachs

The Constitutional Court struck down a South African regulation barring non-citizens from permanent educator posts as unfair discrimination against permanent residents.

• Unfair Discrimination
• Citizenship And Employment
• Section 8 Equality
• Section 33 Limitation
• Educators Employment Act
• Aliens Control Act