Special Pensions Appeal Board and Another v Masemola (1171/17) [2018] ZASCA 117 (20 September 2018)

Special Pensions Appeal Board and Another v Masemola (1171/17) [2018] ZASCA 117 (20 September 2018)

The Supreme Court of Appeal held that the respondent was disqualified from receiving a special pension under the Special Pensions Act due to his conviction for fraud after 30 April 1994, as specified in sections 1(8) and 1(9) of the Act. The disqualification operated automatically by law and was not susceptible to reversal by administrative decision. The subsequent Presidential Pardon did not have the effect of reinstating the pension, as it did not undo the statutory disqualification nor did it revive a lapsed statutory entitlement. The relevant part of the Act had lapsed by 31 December 2006, precluding any new applications or reinstatement for the respondent's category. The refusal to...

Citation
[2018] ZASCA 117
Parties
Appellant: Special Pensions Appeal Board; Appellant: Government Pensions Administration Agency; Respondent: Nathaniel Mashilo Masemola
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
20 September 2018
Case Number
1171/17
Procedural Posture
Civil Appeal / Appeal From Gauteng Division, Pretoria
Outcome
Appeal upheld; high court order set aside; application dismissed; no order as to costs.
Judges
Navsa, Tshiqi, Swain, Mathopo, Mothle
Legal Topics
Special Pensions Act, Presidential Pardon, Principle of Legality, Statutory Disqualification
Administrative Law Civil Procedure Special Pensions Act Presidential Pardon Principle of Legality Statutory Disqualification

Case Brief

Summary, issues, holding and outcome

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Parties

Special Pensions Appeal Board

Appellant

Government Pensions Administration Agency

Appellant

Nathaniel Mashilo Masemola

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Division, Pretoria

Legal Issues

  1. 1 Whether a person disqualified from receiving a special pension under the Special Pensions Act due to a post-1994 Schedule 1 conviction is entitled to reinstatement following a Presidential Pardon.
  2. 2 Whether the lapsing of the relevant part of the Special Pensions Act precludes reinstatement of the pension.
  3. 3 Whether the refusal to reinstate the pension was susceptible to appeal under the Act.

Ratio Decidendi

The Supreme Court of Appeal held that the respondent was disqualified from receiving a special pension under the Special Pensions Act due to his conviction for fraud after 30 April 1994, as specified in sections 1(8) and 1(9) of the Act. The disqualification operated automatically by law and was not susceptible to reversal by administrative decision. The subsequent Presidential Pardon did not have the effect of reinstating the pension, as it did not undo the statutory disqualification nor did it revive a lapsed statutory entitlement. The relevant part of the Act had lapsed by 31 December 2006, precluding any new applications or reinstatement for the respondent's category. The refusal to...

Court Disposition

Appeal upheld; high court order set aside; application dismissed; no order as to costs.

Orders

  • The appeal is upheld and no order is made as to costs.
  • The order of the high court is set aside and substituted as follows: 'The application is dismissed and no order is made as to costs.'