Former High Court judge lose appeal

A bench of the Court of Appeal (CoA) Lordships which included CoA Judge president Ian Kirby, Abernethy and Hamilton last week upheld the High Court’s judgement, which dismissed Tshosa’s claim for gratuity. Tshosa had instituted summons in the High Court, claiming the sum of P519, 817.50 with interest and costs following his resignation in 2012 after a two year and six months service as High Court judge. His claim was made in terms of the Judges (Miscellaneous Provisions) Act Cap 04:03 but was refused on the basis of section 11 of the Judges Pensions Act Cap 04:07. Justice Leburu of the High Court dismissed his claim, hence the present appeal.

The CoA justices dismissed Tshosa’s grounds of appeal noting that the trial court was correct to hold that the appellant is not entitled to a gratuity under the Judges (Miscellaneous Provisions) Act and that his service was pensionable on the basis of his letter of appointment.