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)
Court
Eastern Cape High Court, Bhisho
Case number
518/2022
Judge
Govindjee
Review dismissed for undue delay where an employee challenged refusal of early retirement without pension penalty and the later imposition of pension deductions.
Mahlangu v Government Employees Pension Fund and Another (3297/2018) [2020] ZAGPPHC 814 (17 August 2020)
Court
North Gauteng High Court, Pretoria
Case number
3297/2018
Judge
Wanless
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.
Mkhize v Premier of KwaZulu-Natal Provincial Administration and Others (1448/19P) [2020] ZAKZPHC 28 (15 June 2020)
Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
1448/19P
Judge
Moodley
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.
Mathebula v Department of Education, Limpopo Province and Another (811/2018) [2019] ZALMPPHC 56 (21 November 2019)
Court
Limpopo High Court, Polokwane
Case number
811/2018
Judge
KGANYAGO
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…
Thannippara v Member of the Executive Council Department of Education Eastern Cape and Another (202/15) [2017] ZAECBHC 7 (14 September 2017)
Court
Eastern Cape High Court, Bhisho
Case number
202/15
Judge
N Conjwa
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…