W W COETZEE (B.IURIS, LLB)
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PENSIONERS CLASS ACTION AGAINST TRANSNET
TRANSNET PENSIONERS UPDATE 14 SEPTEMBER 2016
RE: TRANSNET PENSION FUND
First and Second Respondents (Funds) filed a conditional application for leave to cross appeal on 9 September 2016 and Transnet filed a conditional application for special leave to appeal on 5 September 2016.
We have one month to file replying affidavits’ on both applications.
We will keep you updated in one month after filing our reply and receiving their reply.
Transnet Pensioners update 6 September 2016
In our previous news update we indicated that it was decided to apply to the Chief Justice of the Supreme Court of Appeal for special leave to appeal the judgement of Mr. Justice Legodi.
The Application was issued with the Office of the Chief Justice on Monday 5th September 2016.
The Third Respondent (Transnet) has similarly issued a conditional application for special leave to appeal against the judgement of Mr. Justice Legodi.
We will file an answer to the conditional application for special leave to appeal within 30 days and expect Transnet and the Funds to similarly file an answer.
After all pleadings have been exchanged in these applications we will await a ruling from the Office of the Chief Justice of the Supreme Court of Appeal on whether or not special leave has been granted to proceed with the appeal.
As soon as we receive the ruling from the Chief Justice of the Supreme Court of Appeal we will post the outcome and the further procedure.
We are positive that there will be a favourable outcome and that the pensioners’ case is still on track for a favourable outcome.
We ask the pensioners to be patient and request that you be mindful of the fact that there are about 60 000 members and to limit your telephonic inquiries.
Please further note that there will be no update prior to the expiry of the 30 days, unless something extraordinary happens.
Transnet Pensioners 15 August 2016
As we have previously reported the Funds and Transnet filed exceptions against the claims issued on behalf of the Pensioners. These exceptions were argued by all parties and the learned Mr. Justice Legodi on 18th May 2016 upheld the exception that Transnet and the Funds lodged in respect of one of the claims and dismissed the exceptions against two of the claims.
After extensive consultations and consideration amongst the legal team acting on behalf of the Transnet Pensioners, we came to the conclusion that it will be in the best interest of the Pensioner’s case against Transnet and the Funds to apply the Chief Justice at the Supreme Court of Appeal for leave to appeal against the judgement delivered by Mr. Justice Legodi, the learned judge having refused leave to appeal on 5th August 2016.
The issues at stake in the claim where the exception was upheld revolves around the promise made to the Pensioners prior to the formation of Transnet in relation to the 70% of CPIX annual increases to their pensions. The Rules of the Pension Funds only allows 2% increases per annum. As the pensioners are aware the 70% increases were abolished by the Funds in 2001 and this caused the predicament that the Pensioners are currently experiencing.
The decision to apply for leave to appeal, and an eventual appeal if we are successful, will cause a delay in the finalisation of this matter, but we, the legal team are unanimously of the opinion that this aspect is of such importance to the case that it will be worth the delay and we are optimistic that the Chief Justice will allow us leave to appeal and that the appeal will be successful.
We are aware of the hardship and frustration that are experienced by the Pensioners, and will continue to do everything in our power to expedite the finalisation of this case, but we cannot take unnecessary risks that might jeopardise the chances of a successful conclusion to this matter.
Transnet Pensioners update 5 August 2016
The Honourable Justice Legodi handed down judgement today, 5th August 2016 on the Pensioners’ Application for leave to appeal against his finding on the exceptions to the Particulars of Claim filed in the Pensioners’ case We are currently considering various options including the option to appeal or making minor amendments to our particulars.
In this regard we will update you regarding our decision going forward by the end of next week. The Pensioners’ case is still on track and we will keep you updated on any further progress on this page.
Sy Edele Regter Legodi het vandag, 5 Augustus 2016 uitspraak afgehandig op die Aansoek om verlof tot appêl teen sy bevinding op die eksepsies wat geliaseer is ten aansien van die Besonderhede van Vordering in die Pensionarisse se saak.
Ons oorweeg tans al die opsies insluitend om te appelleer of om wysigings aan die besonderhede van vordering aan te bring. Ons sal julle op hoogte hou teen vrydag volgende week. Die Pensionarisse se saak is steeds op dreef en ons sal u op hoogte hou van toekomstige vordering op hierdie webwerf.
Transnet Pensioners Update 21 June 2016
Application for leave to appeal was argued this morning in the Pretoria High Court and judgement was reserved to the last week of July 2016. When the date becomes available it will be posted
Die aansoek om verlof tot appel was vanoggend geargumenteer in die Pretoria Hoehof en uitspraak was voorbehou tot die laaste week van Julie 2016. As die datum beskikbaar raak sal dit geplaas word
Transnet Pensioners update 18 June 2016
On Tuesday 21 June 2016 in the High Court Pretoria, an application for leave to appeal against the judgement granted on 18 May 2016 will be argued.
Op 21 Junie 2016 in die Hoë Hof Pretoria sal n aansoek om verlof om te appeleer teen die uitspraak van 18 Mei 2016 geargumenteer word .
TRANSNET PENSION UPDATE 18MAY 2016
Judgement was delivered today in the High Court, Pretoria in relation to the exceptions raised by Transnet and the Pension Funds against the Particulars of Claim by the Pensioners
The Pensioners Legal team was granted a 14-day period to amend their Particulars on some minor aspects in which the Court upheld the exception.
The bulk of the exceptions was dismissed. No order as to costs was made. We attach the Judgement hereto.
The Pensioner’s claim is continuing and we will report on any development.
Uitspraak was vandag in die Hoëhof, Pretoria gelewer met betrekking tot die eksepsies deur Transnet en die Pensioen Fondse geopper teen die Pesionarisse se Besonderhede van Vordering.
Die Pensioenarisse se regspan is 14 dae gegun om die Besonderhede te wysig met betrekking tot geringe aangeleenthede waar die Hof die eksepsies gehandhaaf het.
Die grootste gedeelte van die eksepsies is van die hand gewys. Geen bevel met betrekking tot koste is gemaak nie.
Die Pensioenarisse se eis gaan voort en ons sal verslag doen sodra daar enige verwikkeling is.
To view or download the judgement for today 18 May 2016 please follow the link below.
Vir vandag 18 May 2016 se uitspraak volg die link.
Judgement 18 May 2016.pdf
Size : 1226.005 Kb
Type : pdf
TRANSNET PENSIONERS UPDATE MAY 2016
#transnetpensioners uitspraak verwag vandag 09:30 ons sal julle op hoogte hou .Judgement expected today at 09:30 , we will keep you updated.
TRANSNET PENSIONERS UPDATE : APRIL 2016
Op 4 April 2016 het die pensionarisse se saak teen Transnet en die Pensioen Fondse weereens in die Pretoria Hooggeregshof gedraai toe hulle gepoog het om die pensioenarisse se saak te stop deur besware teen die pensionarisse se eise te maak.
Argumente was aangehoor deur Regter Legodi in n vol hofsaal waar ongeveer 350 pensionarisse hof bygewoon het.
Advokaat Trengove het namens die pensionarisse opgetree en ons is vol moed dat die Hof in guns van die pensionarisse sal bevind.
Uitspraak is voorbehou.
On 4 April 2016 the case by the pensioners against Transnet and the Pension Funds once again turned in the High Court Pretoria as they attempted to stop the case by objecting against the pensioners claim.
Arguments were heard by Judge Legodi in a packed court room attended by about 350 pensioners.
Advocate Trengove acted on behalf of the pensioners and we are confident that the Court will rule in favour of the pensioners.
Judgement was reserved.
Photo on right is from Reckord East
TRANSNET PENSIONERS' UPDATE : JANUARY 2016
On 4 and 5 April 2016, argument will be heard on the exceptions filed by Transnet and the Funds to our Particulars of Claim filed on your behalf.
The Court will make a ruling if the particulars of claim have to be amended or if the Particulars of Claim need to be answered to (plead on) by Transnet and the Funds.
Should the Court rule in our favour we shall expect a plea (the version) of Defendants within a month. Applications will be made for the earliest trail date after the pleading is closed.
A Judge has been appointed as a case manager and we believe that this will expedite the matter.
We will be informing you on 6 April 2016 of the outcome of the Court case.
TRANSNET PENSIONER'S UPDATE 2015
TRANSNET PENSIONERS’ CASE UPDATE: SEPTEMBER 2015
1. The legal team acting on behalf of the pensioners was bolstered when Adv. Wim Trengove SC, who is a renowned and highly regarded litigation specialist, joined the legal team.
2. At the time periods, determined by the Court Order declaring the pensioners a class, the summons was issued and served. Both the Pensions Funds and Transnet gave notice of their intension to oppose the action.
3. Further documentation were requested and after same were delivered to Defendants exceptions were raised by both Pensions Funds and Transnet to the Particulars of Claim and minor amendments were done to the Particulars of Claim.
4. Transnet again filed an exception to the Particulars of Claim and it is currently addressed.
5. The effect of these exceptions is that it delays the filing of the Pensions Funds and Transnet’s pleas to the pensioners’ claims.
6. We are in the process of applying to the Deputy Judge President for the appointment of a Judge as a case manager to expedite the pre-trial procedures and to handle the interim disputes as soon as possible.
7. Litigation, by its nature, is a slow and protracted process, but the pensioners can rest assured that the legal team are hard at work to handle the case in their best interest.
8. We ask that the pensioners be mindful that there are about 60 000 pensioners with an interest in this case and that we request that they try to limit individual contact with the attorneys as regular telephonic inquiries are placing an unbearable strain on our available resources.
9. We will ensure that regular updates are published on our website.
TRANSNET PENSIONERS UPDATE All preliminary aspects as require in the Court Order declaring the Pensioners a Class has now been adhered to. The time frames have now lapsed and we are happy to announce that summons was issued on 5 June 2015 under Case No. 42355/15 The three prayers claimed for are as follows:
1. That the pensioners be paid increased pension that will counter the inflation effects and be compensated for the arrears.
2. That Transnet pay the legacy debt to Pension Funds, and;
3. That Transnet pay R309 121 000.00 to Transport Pension Fund.
From date of service, the Pension Funds and Transnet will have 10 days to note their intention to defend and thereafter have to file their pleas in answer to the claims. Future developments will be updated on the web site. We request pensioners to kindly note that there are approximately 60 000 pensioners affected by this matter and to limit inquiries, as it is extremely onerous on the attorneys to respond to countless telephone calls.
TRANSNET PENSIONERS UPDATE 22 DECEMBER 2014
Transnet's leave to appeal dismissed with costs in SCA on the grounds that an appeal has no reasonable prospect of success!!Good news for the Pensioners and all concerned! We are grateful and thank you for your support!
TRANSNET PENSIONERS UPDATE 3 OCTOBER 2014
Another great win for the pensioners. Leave to appeal by Pension Funds and Transnet dismissed with costs #TransnetPensioners .
TRANSNET PENSIONERS UPDATE 10 SEPTEMBER 21014
We arranged a meeting with the Deputy Judge President regarding the earliest date for the hearing of the Application for leave to appeal by Transnet and the Pension Funds. He allocated 3 October 2014 as the date for the hearing.
TRANSNET UPDATE 19 AUGUST 2014
Transnet apply for leave to appeal in Pensioners Classaction.To download the application for leave to appeal follow link below.
Notice of application for leave to appeal.pdf
Size : 196.266 Kb
Type : pdf
TRANSNET UPDATE 31 JULY
Transnet Pensioners Press Release
" As the attorneys acting on behalf of the Applicants we wish to state the following:
- There is no political involvement or affiliation in this litigation and same will not be tolerated.
- We act on behalf of Applicants and the members of the funds and will only take instructions from them.
- The pensioners will not be required to fund this litigation.
- Should any person or entity wish to assist with funding the expenses, the attorney of record will receive donations in a trust account and appoint independent auditors to manage such funds. These expenses exclude legal funds of the attorneys and counsel.
- We wish to emphasise that it is not a prerequisite or requirement that any donations be made and the continuation of the litigation is not subject to any donations."
To download the Judgement or full Press Release please follow the link below.
TRANSNET CLASSACTION UPDATE 29 JULY 2014
People please keep your fingers crossed for TRANSNET PENSIONERS CLASSACTION- The Judgement will be handed down on Thursday 31 July at 9h30 in Court 4 A. Lets hope the pensioners get the money they deserve.