CASE NO: 111/11
In the matter between:
MATHILDA LOUISE WIESE Appellant and
GOVERNMENT EMPLOYEES First Respondent PENSION FUND
THE MINISTER OF FINANCE Second Respondent
THE PENSION FUND ADJUDICATOR Third Respondent CORNELIUS JOHANNES MARX Fourth Respondent
FIRST AND SECOND RESPONDENTS’ PRACTICE NOTE
HEARING DATE: 28 February 2012
The matter is set down for hearing at the same time as CCT 117/11.
COUNSEL FOR FIRST AND PJ Pretorius SC SECOND RESPONDENTS: (082 8509741)
S Yacoob
(083 3056173)
COUNSEL FOR APPELLANT: H J de Waal D Kusevitsky
NATURE OF PROCEEDINGS:
Confirmation of a declaration of invalidity of the Government Employees Pension Law (the Law) made by the Western Cape High Court, and appeal against the suspension of the declaration of invalidity. The basis on which the declaration of invalidity was made has been removed by an amendment of the Law on 14 December 2012.
THE ISSUES THAT WILL BE ARGUED:
The first and second respondents will argue that:
1. The matter is moot as a result of the Government Employees Pension Law Amendment Act, 19 of 2011, which remedies the cause of complaint.
2. There will be no practical effect in the Court determining the matter, either between the parties or otherwise.
3. The matter should be removed from the roll.
It should be noted that further submissions on the issue of costs will be filed on 8 February 2012, in accordance with the directions issued by the Chief Justice on 25 January 2012.
PARTS OF RECORD NECESSARY FOR THE DETERMINATION OF THE MATTER:
1. The notice of motion, pages 1-4, volume 1 of the Record.
2. The judgment of the High Court, pages 333-350, volume 4 of the Record.
3. The affidavit filed on behalf of the first respondent, dated 14 December 2011, and the affidavit filed on behalf of the second respondent, dated 15 December 2011, as yet unpaginated.
4. The affidavit filed on behalf of the appellant, dated 17 January 2012, also not yet paginated.
ESTIMATED DURATION OF ARGUMENT:
One hour.
SUMMARY OF THE ARGUMENT ON BEHALF OF THE APPLICANTS:
1. It is not in the interests of justice that the matter be determined, as the cause of complaint in the Law has been remedied by an amendment to the Law.
2. There is no remaining dispute between the parties.
3. A determination of the matter will have no practical effect, either on the parties or on any other person.
Argument on costs will be submitted on 8 February 2012, in accordance with the direction of the Chief Justice on 25 January 2012.
LIST OF AUTHORITIES ON WHICH PARTICULAR RELIANCE WILL BE MADE DURING ORAL ARGUMENT
1. President, Ordinary Court-Martial and Others v Freedom of Expression Institute and Others 1999 (4) SA 682 (CC)
2. Independent Electoral Commission v Langeberg Municipality 2001 (3) SA 925 (CC)
