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South Africa Case Law

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Constitutional Law [2025] ZALMPPHC 12

Seloana v Government Administration Agency and Others (7633/21)

Seloana v Government Administration Agency and Others (7633/21) [2025] ZALMPPHC 12 (4 February 2025)

The High Court granted leave to appeal to the Supreme Court of Appeal in a pension-discrimination case involving women in polygamous marriages.

  • Indirect Discrimination
  • Polygamous Marriages
  • Pension Benefits
  • Leave To Appeal
  • Superior Courts Act
  • Leave-to-appeal
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Administrative Law [2023] ZAECBHC 20

Soga v Member of the Executive Council for the Department of Health , Eastern Cape and Another (8 August 2023) (518/2022)

Soga v Member of the Executive Council for the Department of Health , Eastern Cape and Another (8 August 2023) (518/2022) [2023] ZAECBHC 20 (8 August 2023)

Review dismissed for undue delay where an employee challenged refusal of early retirement without pension penalty and the later imposition of pension deductions.

  • Public Service Act
  • Early Retirement
  • Pension Benefits
  • Undue Delay
  • Legality Review
  • Undue-delay
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Family And Children [2023] ZAGPPHC 471

Nthutang v Phetlu and Others

Nthutang v Phetlu and Others [2023] ZAGPPHC 471; 2605/2022 (9 June 2023)

The High Court held that the first defendant failed to prove a valid customary marriage to the deceased and was not entitled to his pension benefits.

  • Customary Marriage
  • Recognition Of Customary Marriages Act
  • Pension Benefits
  • Burden Of Proof
  • Customary-marriage
  • Pension-benefits
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Civil Procedure [2023] ZAFSHC 39

Weyers v Department of Employment and Labour Free State Provincial Government and Others (231/2022)

Weyers v Department of Employment and Labour Free State Provincial Government and Others (231/2022) [2023] ZAFSHC 39 (14 February 2023)

The court held that both sides caused unnecessary litigation over pension documentation and ordered each party to pay its own costs.

  • Pension Benefits
  • Acknowledgement Of Debt
  • Costs Award
  • Unpaid Leave
  • Section 37d Pension Fund Act
  • Costs-order
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Family And Children [2021] ZAGPPHC 519

M.S.N v C.Z.M and Others (50880/2014)

M.S.N v C.Z.M and Others (50880/2014) [2021] ZAGPPHC 519 (11 August 2021)

The High Court dismissed an application to exhume a deceased man’s remains for paternity testing and to delay enforcement of a pension-benefit order.

  • Paternity Dispute
  • Exhumation For Dna
  • Children S Act
  • Pension Benefits
  • Inheritance Rights
  • Paternity-dispute
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Civil Procedure [2020] ZAGPPHC 814

Mahlangu v Government Employees Pension Fund and Another (3297/2018)

Mahlangu v Government Employees Pension Fund and Another (3297/2018) [2020] ZAGPPHC 814 (17 August 2020)

The High Court ordered the Government Employees Pension Fund to recalculate Mahlangu’s pension using service from 23 January 1980 to 31 December 2015 and pay costs on an attorney-client scale.

  • Pension Benefits
  • Statutory Duties Of Employer
  • Proof Of Service
  • Government Employees Pension Law
  • Costs On Attorney And Client Scale
  • Pension-benefits
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Civil Procedure [2020] ZAKZPHC 28

Mkhize v Premier of KwaZulu-Natal Provincial Administration and Others (1448/19P)

Mkhize v Premier of KwaZulu-Natal Provincial Administration and Others (1448/19P) [2020] ZAKZPHC 28 (15 June 2020)

The High Court ordered payment of pension-related benefits under a settlement agreement, subject to a SARS tax directive, and awarded costs up to tender.

  • Settlement Agreement
  • Pension Benefits
  • Specific Performance
  • Costs Award
  • Pension-benefits
  • Settlement-agreement
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Civil Procedure [2019] ZALMPPHC 56

Mathebula v Department of Education, Limpopo Province and Another (811/2018)

Mathebula v Department of Education, Limpopo Province and Another (811/2018) [2019] ZALMPPHC 56 (21 November 2019)

The court found that the applicant only acquired complete knowledge of his cause of action after the actual payment of his pension benefit in 2016, when it became certain that there was a shortfall. Prior to payment, the applicant could not have known whether his pension was correctly calculated. The attempts to resolve the matter amicably and the correspondence between the parties did not interrupt prescription. The application was launched within three years of the pension payment, and therefore the claim had not prescribed. The first respondent's point in limine regarding prescription was…

  • Prescription Act
  • Pension Benefits
  • Declaratory Relief
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Labour Law [2017] ZAECBHC 7

Thannippara v Member of the Executive Council Department of Education Eastern Cape and Another (202/15)

Thannippara v Member of the Executive Council Department of Education Eastern Cape and Another (202/15) [2017] ZAECBHC 7 (14 September 2017)

The court found that the respondents had wilfully disobeyed paragraphs 2, 3, and 4 of the consent order dated 4 December 2012. The respondents' argument that compliance was impossible due to pension fund rules was rejected, as they had agreed to the order with full knowledge of the circumstances. The respondents failed to pay the employer's pension contribution, adjust the applicant's monthly pension, and reassess leave pay and gratuity as required. Their subsequent claims of overpayment and impossibility were found to be disingenuous and did not absolve them of their obligations under the co…

  • Contempt Of Court
  • Enforcement Of Court Orders
  • Pension Benefits
  • Salary Adjustment
  • Leave Pay
  • Gratuity
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Civil Procedure [2017] ZAGPPHC 38

Mmileng v Government Employees Pension Fund and Others (7397/16)

Mmileng v Government Employees Pension Fund and Others (7397/16) [2017] ZAGPPHC 38 (8 February 2017)

Leave to appeal was refused in a pension dispute after the court found no real factual dispute and no compelling reason to reopen the matter.

  • Leave To Appeal
  • Dispute Of Fact
  • Satisfactory Proof
  • Pension Benefits
  • Leave-to-appeal
  • Dispute-of-fact
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.