De Nysschen v Government Employees Pension Fund and Others

The appellant, Ms Petronella De Nysschen, was employed by the North West Department of Education from 1979 until her dismissal for misconduct in 2013. Upon dismissal, her membership of the Government Employees Pension Fund (GEPF) terminated and she received a net pension benefit of R5 194 418.72. She successfully challenged her dismissal at arbitration and was reinstated with retrospective effect and without loss of benefits in terms of a settlement agreement concluded in 2015. The Department paid an amount of R7 016 767.76 to the GEPF to reinstate her pensionable service. The appellant later retired in 2020, but the Department refused to submit her pension exit documents to the GEPF, insisting that she first repay the pension benefit paid to her in 2013. She approached the High Court seeking an order compelling the Department to submit her exit documents. The High Court granted that relief but also, without it being sought, ordered her to repay R5 194 418.72 to the Department by deduction from her pension benefits.

The appeal was upheld with costs. Paragraphs 3.2 and 3.3 of the High Court’s order, which required the appellant to pay R5 194 418.72 to the Department, were set aside.

The case reaffirms a fundamental principle of South African civil procedure: courts may not grant relief that has not been claimed in the pleadings. It underscores the importance of procedural fairness, proper pleading of claims, and the limits of judicial power, particularly where courts seek to resolve disputes beyond what is necessary for the relief sought.