W W COETZEE (B.IURIS, LLB)
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PENSIONERS CLASS ACTION AGAINST TRANSNET
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.