South Africa Case Law

Masemola v Special Pensions Appeal Board and Another (CCT260/18)

Masemola v Special Pensions Appeal Board and Another (CCT260/18) [2019] ZACC 39; 2019 (12) BCLR 1520 (CC); 2020 (2) SA 1 (CC) (15 October 2019)

Court

Constitutional Court

Case number

CCT 260/18

Judges

Mogoeng, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mhlantla, Theron, Victor

The Constitutional Court held that the applicant's entitlement to a special pension was not terminated by his conviction but suspended by operation of section 1(8)(b) of the Special Pensions Act. The presidential pardon expunged the conviction and removed the legal impediment, reviving his entitlement to the pension from the date of the pardon. Section 6A does not bar restoration of previously determined benefits; it only prevents new applications. The Board and GPAA are obliged to resume payment of the special pension as the right to receive it revived by operation of law. The applicant is e…

Source excerpt

• Presidential Pardon
• Special Pensions Act
• Restoration Of Benefits
• Statutory Interpretation

Sewpersadh v Minister of Finance and Another (923/2018)

Sewpersadh v Minister of Finance and Another (923/2018) [2019] ZASCA 117; [2019] 4 All SA 668 (SCA) (23 September 2019)

Court

Supreme Court of Appeal

Case number

923/2018

Judges

Ponnan, Leach, Saldulker, Mbha, Dambuza

The Supreme Court of Appeal held that the Special Pensions Act is remedial legislation and must be interpreted liberally to extend benefits to those who made sacrifices in the struggle against apartheid. The appellant's employment at the jewellery workshop was a legitimate cover for his clandestine political activities, and did not preclude him from being engaged in full-time service of a political organisation. The respondents failed to properly plead or prove any time-bar defence, and the appellant's application was processed without objection as to timing. The Appeal Board and the High Cou…

Source excerpt

• Special Pensions Act
• Judicial Review
• Interpretation Of Statutes
• Time Bar
• Remedial Legislation

Special Pensions Appeal Board and Another v Masemola (1171/17)

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

Court

Supreme Court of Appeal

Case number

1171/17

Judges

Navsa, Tshiqi, Swain, Mathopo, Mothle

The Supreme Court of Appeal held that a presidential pardon did not restore a special pension lost through statutory disqualification and later lapse of the Act.

• Special Pensions Act
• Presidential Pardon
• Principle Of Legality
• Statutory Disqualification
• Special-pensions-act
• Presidential-pardon

Masemola v Special Pensions Appeal Board and Another (10448/2016)

Masemola v Special Pensions Appeal Board and Another (10448/2016) [2017] ZAGPPHC 495 (30 June 2017)

Court

North Gauteng High Court, Pretoria

Case number

10448/2016

Judge

Makhubele

The High Court granted leave to appeal in a special pensions dispute about reinstatement after expungement of a criminal record and the interpretation of the Act.

• Special Pensions Act
• Statutory Interpretation
• Administrative Action
• Access To Courts
• Bill Of Rights Limitation
• Special-pensions-act

Masemola v Special Pensions Appeal Board and Another (10448/16)

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

Court

North Gauteng High Court, Pretoria

Case number

10448/16

Judge

Makhubele

High Court review of a special pension appeal board decision. The court held the board had jurisdiction, set aside its dismissal, and reinstated the pension after a presidential pardon.

• Special Pensions Act
• Presidential Pardon
• Administrative Action Review
• Jurisdiction Of Appeal Board
• Substitution Of Decision
• Special-pensions-act

Dingake v National Treasury Republic of South Africa and Others (53351/2012)

Dingake v National Treasury Republic of South Africa and Others (53351/2012) [2016] ZAGPPHC 811 (8 September 2016)

Court

North Gauteng High Court, Pretoria

Case number

53351/2012

Judge

Van der Westhuizen

The High Court dismissed a review of a special pensions decision, holding that the applicant failed to prove full-time political service and that condonation was not justified.

• Special Pensions Act
• Review Of Administrative Action
• Condonation Of Late Filing
• Special-pensions-act
• Judicial-review
• Condonation

National Treasury v Jozana and Others, In Re: Jozana v National Treasury and Others (24969/2014)

National Treasury v Jozana and Others, In Re: Jozana v National Treasury and Others (24969/2014) [2015] ZAGPPHC 847 (23 October 2015)

Court

North Gauteng High Court, Pretoria

Case number

24969/2014

Judge

TM Makgoka

The High Court refused National Treasury leave to appeal an interim order concerning fair procedure in the termination of Christopher Jozana’s special pension.

• Special Pensions Act
• Appealability Of Interim Orders
• Administrative Fairness
• Decision Maker Identification
• Leave-to-appeal
• Interim-orders