- Special Pensions Appeal Board and another v Masemola

What it touches

• Appeal
• Constitution
• Costs

The court's summary

THE SUPREME COURT OF APPEAL REPUBLIC OF SOUTH AFRICA MEDIA SUMMARY - JUDGMENT DELIVERED IN THE SUPREME COURT OF APPEAL From: The Registrar, Supreme Court of Appeal Date: 20 September 2018 Status: Immediate Please note that the media summary is for the benefit of the media and does not form part of the judgment of the Supreme Court of Appeal. SPECIAL PENSIONS APPEAL BOARD & ANOTHER v MASEMOLA Today, the Supreme Court of Appeal (SCA) upheld an appeal brought by the Special Pensions Appeal Board together with the Government Pensions Administration Agency (the appellants), against a judgment of the Gauteng Division of the High Court, Pretoria. The appeal concerns Mr Masemola (the respondent); whom was a recipient of a special pension in terms of the Special Pensions Act 69 of 1996 (the Act). The respondent was disqualified in terms of the provisions of the Act from receiving the special pension; as a result his conviction of fraud.

On 21 July 2011, after he had applied, the respondent received a Presidential Pardon in terms of s 84(2)(j) of the Constitution. The issue in this appeal is whether the respondent is entitled to reinstatement of special pension due to the Presidential Pardon. The provision of the Act in terms of which he was awarded the special pension lapsed in 2006. Therefore the Presidential Pardon granted in 2011 could not assist him.

The SCA held that Presidential Pardon does not have effect contended for and the disqualifying provision of the Act is not to be discarded. This Court further held that the lapsing of part of the Act was on the basis of the principle of legality and consequently there is no statutory provision for reinstatement of the special pension. The appeal was accordingly upheld and no order was made as to costs. --ENDS--

Published by the court for the media; it does not form part of the judgment.