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PRETORIUS v MINISTER OF DEFENCE 1980 ZLR 395 (A)

1980 ZLR p395

Citation

1980 ZLR 395 (A)

Case No

Details not supplied

Court

Appellate Division, Salisbury

Judge

Fieldsend CJ, Lewis JP and Goldin JA

Heard

22nd September, 1980; 7th October, 1980

Judgment

7th October, 1980

Counsel

R R Horn SC, for the appellant
B C Brown, for the respondent

Case Type

Civil Appeal

Annotations

Link to case annotations

Flynote

Statutes — Pensions and Other Benefits Act, 1979 — paragraph 37 (1) — whether it confers separate right of retirement to that contained in the Defence (Regular Force) (Officers) Regulations — whether regulations can remove existing rights created by statute.

Constitution — whether regulations made thereunder requiring persons who retire to repay moneys to the State are inconsistent with para graph 37 (1).

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