Synopsis:
Application for confirmation of an order of invalidity of the Government Employees Pension Law, Proclamation 21 of 1996 (GEPL), by the Western Cape High Court, Cape Town, and an appeal against the suspension of invalidity. The Court found that it was not in the interests of justice to pronounce on the validity of the GEPL or the appropriate constitutional remedy on appeal, as the substantive issues between the parties had become moot by the enactment of the Government Employees Pension Law Amendment Act 19 of 2011. Regarding costs on appeal, the Court held that the Minister of Finance had a duty to ensure that the Amendment Act was passed without delay and consistently with the Constitution. The Court found that the Minister had failed to provide the applicant with an undertaking that a new law would be passed and that the relief she required would be available soon. The applicant was, therefore, entitled to appeal against the suspension of invalidity and was entitled to costs on appeal. Judgment: Nkabinde J (unanimous).
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