Masemola v Special Pensions Appeal Board and Another (10448/16) [2016] ZAGPPHC 1253 (15 December 2016)

Masemola v Special Pensions Appeal Board and Another (10448/16) [2016] ZAGPPHC 1253 (15 December 2016)

The Special Pensions Appeal Board erred in finding it lacked jurisdiction to decide on the applicant's appeal for reinstatement of his special pension following a Presidential pardon and expungement of his criminal record. The Government Pensions Administration Agency, as a designated institution, had made a decision refusing reinstatement, which was appealable. The Board misconstrued its mandate by refusing to interpret the law and adjudicate the appeal. The 2008 amendment to the Special Pensions Act made PAJA applicable to Board decisions, including refusals to act. The purpose of the Act and the effect of a Presidential pardon must be considered together; with the criminal record...

Citation
[2016] ZAGPPHC 1253
Parties
Applicant: Nathaniel Mashilo Masemola; Respondent: Special Pensions Appeal Board; Respondent: Government Pensions Administration Agency
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 December 2016
Case Number
10448/16
Procedural Posture
Review Application / Final Judgment After Urgent Application
Outcome
Application granted. The Board's decision is set aside and substituted; the applicant's special pension is reinstated from the date of expungement.
Judges
Makhubele
Legal Topics
Special Pensions Act, Presidential Pardon, Administrative Action Review, Jurisdiction of Appeal Board, Substitution of Decision
Administrative Law Civil Procedure Special Pensions Act Presidential Pardon Administrative Action Review Jurisdiction of Appeal Board Substitution of Decision

Case Brief

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Parties

Nathaniel Mashilo Masemola

Applicant

Special Pensions Appeal Board

Respondent

Government Pensions Administration Agency

Respondent

Procedural Posture

Review Application / Final Judgment After Urgent Application

Legal Issues

  1. 1 Whether the Special Pensions Appeal Board had jurisdiction to decide on the reinstatement of the applicant's special pension after a Presidential pardon.
  2. 2 Whether the Board's decision to dismiss the appeal was lawful and rational.
  3. 3 Whether the applicant is entitled to reinstatement of his special pension following expungement of his criminal record.

Ratio Decidendi

The Special Pensions Appeal Board erred in finding it lacked jurisdiction to decide on the applicant's appeal for reinstatement of his special pension following a Presidential pardon and expungement of his criminal record. The Government Pensions Administration Agency, as a designated institution, had made a decision refusing reinstatement, which was appealable. The Board misconstrued its mandate by refusing to interpret the law and adjudicate the appeal. The 2008 amendment to the Special Pensions Act made PAJA applicable to Board decisions, including refusals to act. The purpose of the Act and the effect of a Presidential pardon must be considered together; with the criminal record...

Court Disposition

Application granted. The Board's decision is set aside and substituted; the applicant's special pension is reinstated from the date of expungement.

Orders

  • The decision of the first respondent communicated to the applicant on 4 October 2016 dismissing his appeal is set aside.
  • The appeal lodged by Mr Masemola dated 6 March 2015 for reinstatement of his Special Pension succeeds.