W W COETZEE (B.IURIS, LLB)
GEYSER AND COETZEE ATTORNEYS
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PENSIONERS CLASS ACTION AGAINST TRANSNET
TRANSNET PENSIONERS UPDATE 13 DECEMBER 2016
After due consideration of the situation, it was decided that it would be in the interest of the pensioners to approach the Chief Justice once more for reconsideration of our application for special leave to appeal against the ruling on the exception.
On 12 December 2016, we filed an application on behalf of the Applicants in terms of section 17 (2)(f) of the Superior Courts Act for reconsideration of special leave to appeal due to special circumstances.
TRANSNET PENSIONERS UPDATE 25 NOVEMBER
The Chief Justice had made a ruling dismissing the Pensioners’ application for special leave to appeal as well as the counter application by Transnet and the two Pension Funds.
The effect of this ruling is that the Particulars of Claim filed on behalf of the Pensioners will now have to be amended in relation to the promise by the then Minister of Transport and the allegation of the unfair labour practice.
These amendments will have no bearing on the actual claim by the Pensioners for pension increases that keeps track with the expected inflation growth.
The ruling by the Chief Justice will speed up the finalisation of this matter and Transnet and the Funds will have to submit their answer to the claims shortly after the amendment to the Particulars of Claim.
It has come to our attention that persons, who has no insight or knowledge of the process and the progress in this matter are spreading rumours that the case has been lost. This is, not only incorrect, but done with spurious motive. We urge the Pensioners to remain positive and to follow our updates as and when there happens something of importance in this case.
The legal team remains dedicated to the cause and will continue to protect and serve the interests of the Pensioners on a skilful and professional manner.
This site will be updated as soon as new developments take place.
TRANSNET PENSIONERS UPDATE 8 NOVEMBER 2016
All the required documentation in the application for Special Leave to Appeal has now been submitted to the Chief Justice and we await a decision whether or not the Pensioners will be allowed to appeal the ruling by the Honourable Justice Legodi in relation to the exceptions raised by Transnet and the two Pension Funds. There is NO prescribed time for the judgement and we have to wait.
Should the decision be favourable to the Pensioners’ case the appeal will be argued in the Supreme Court of Appeal, Bloemfontein, where after, if we are successful Transnet and the Pension Funds will have to file their answer to the claims by the Pensioners in the form of a Plea.
It is understandable that the Pensioners are uneasy with the drawn-out legal process, but there are no shortcuts in our legal system and processes and time frames are prescribed in the legislation.
We are still very positive that there will be a favourable outcome for the Pensioners and you understanding and support in the process are dearly appreciated.This site will be updated as soon as new developments take place.