Show simple item record

dc.date.accessioned 2017-04-08T17:14:49Z
dc.date.available 2017-04-08T17:14:49Z
dc.date.created 2012-01-30 en
dc.identifier.citation [2013] ZACC 4
dc.identifier.citation 2013 (4) BCLR 421 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/3664
dc.title Ngewu and Another v Post Office Retirement Fund and Others in Re: Wiese v Government Employee Pension Fund and Others en
dc.title.alternative CCT117/11 en
dc.identifier.casenumber CCT117/11 en
dc.date.hearing 7 February 2013
dc.contributor.judge Van Der Westhuizen J
dc.date.judgment 7 March 2013
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/3664/Full%20judgment%207%20March%202013%20Official%20version%20%28127%20Kb%29-20592.pdf?sequence=35&isAllowed=y
dc.concourt.synopsis Application for direct access, following the Court’s decision in Wiese v Government Employees Pension Fund, to declare constitutionally invalid those provisions of the Post Office Act that prevented the pension interest of a pension contributor’s spouse from vesting upon the date of divorce from the contributor. The Court found that because spouses of contributors under the Pension Funds Act and the Government Employees Pension Law Amendment Act enjoyed this benefit while spouses of contributors under the Post Office Act did not, the right to equality under section 9(1) of the Constitution had been unjustifiably infringed. The Court suspended the declaration of invalidity for eight months to allow Parliament to cure the defect, and ordered that if the unconstitutionality was not remedied by that time, section 24A of the Government Employees Pension Law would be read into the Post Office Act. Judgment: Van der Westhuizen J (unanimous).
dc.concourt.casehistory Application for direct access to the CC following the CC decision in the case of Wiese v Government Employees Pension Fund and Others [2012] ZACC 5; 2012 (6) BCLR 599 (CC) where only an order as to costs was made. See also the later judgment: Minister of Communications v Ngewu and Others (CCT 117/11) [2013] ZACC 44; 2014 (3) BCLR 364 (CC) (5 December 2013)


Files in this item

This item appears in the following Collection(s)

Show simple item record

Search ConCourt Collections


Browse

My Account