21 October 2005

ANC VETERANS LEAGUE

NELSON MANDELA METROPOLITAN REGION


Hearing on the Special Pension A/B


Following are the points wishing to raise at the meeting .

  1. Criteria was not consistent
  2. How was the age of 35 years determined?
  3. People are referred to Supreme Court for an appeal (no attempt made to resolve).
  4. Percentage of increment, better on the Special Pension

Please assist with the Travelling plus Meals, the number is six


Yours sincerely

TMM Mbiyabo: Acting Secretary


From : N Ndaba

To : Mr TM Mbiyabo


SPECIAL PENSION ACT 69 OF 1996


I acknowledge with thanks receipt of your letter dated 9September 2005 with regard to the above


The matter is receiving attention you will receive further communication in due course.


Yours sincerely

N NDABA For SECRETARY TO PARLIAMENT


ANC VETERANS LEAGUE N M METRO


RE- Special Pension Act 69 0f 1996


We wish to acknowledge our briefing on this matter by MP L Johnson on the 04/09/05. We giving the matter the urgency it deserves, in the meantime we would like to be allocated a slot to come and present our case as a delegation of six(6) in number. Including wodows of the struggle.

Also requesting assistance in the following

  1. Transport
  2. Accommodation
  3. Meals


Thanking and trusting your cooperation


Your Sincerely

TM Mbiyabo: Acting Secretary


SUMMARY

SPECIAL PENSIONS AMENDMENT BILL, 2005


1 Background


Section 189 of the Constitution requires that an Act of Parliament shall provide for the payment of pensions to persons and their eligible dependants who, in the establishment of a democratic constitutional order, made sacrifice or served the public interests.


The Special Pensions Act, 1996 gave effect to this section by providing for the payment of special pensions to this category of parsons.


2.
Objects of the Bill

The Bill seeks to amend the Special Pensions Act, 1996(Act 69 of 1996) by providing for-


(i) the lapsing of part I of Chapter I which provides for pensions and survivor lump sum on 31 March 2006 as there are difficulties experienced in the verification of information due to the time lapse since 1996.


(ii) Payment of lump sum benefits for surviving spouses or dependants on the death of a pensioner (part 1A, 6C and D)


(iii) Monthly pension for surviving souses or orphans on the death of a pensioner [6D(i) (a) o (b)]


(iv) Funeral benefits for pensioners surviving spouses or orphans[6f(a) o (b) (c)]


(v) The Board and Review Board to reconsider and amend a determination made by it and recover any pension or benefit paid to which a person was not entitled.


(vi) The disetablishment of the Board and Review Board and for head of persons administration in the National Treasury and the Minister to respectively take over the Board’s responsibilities.


The Bill also amends subsection 4 of Part1 to provide for a pensioner who qualifies for a benefit in terms of the Act to receive a pension payable monthly commencing on 1 April 1995. Previously the Act provided for a pensioner to qualify for a benefit only from the first day of the month during which that person attains the age of 35 years. The effect of the amendment is that a pensioner will qualify for a benefit from 1 April 1995 even if the pensioner had not attain the age of 35 years on that day . Therefore many people who may had been excluded because of the age limit will now benefit.


(vii) Lastly , the Bill also amends the subsection 4 of Part 1 to provide for a pensioner who qualifies for a benefit in terms of the Act to receive a pension payable monthly commencing on 1st April 1995.


Challenges

  1. Those who sacrificed everything (time, families, careers, youthfulness and their lives) in pursuit of our liberation struggle are not looked after by schemes that are aimed at alleviating the plight of the disadvantaged, especially the 1980’s generation of OR Tambo’s Young Lions.
  2. Confusion exists among the Military Veterans who are benefiting from their pension as to whether they also qualify for Special Pension.
  3. Also, those of us who belonged to Black Consciousness Movement and who participated in liberation struggle in the 70’s ,are also not covered fully by both the Act and the Bill we are dealing with.
  4. We need to concretely define the 80’s generation as there are thousands who can lay claim to have been part of the broader movement of the times.


Way forward

  1. ANC needs to urgently encourage its cadres to apply for Special Pension before March 31st 2006 deadline as envisaged
  2. A need to define concretely our understanding of the 1980’s generation in order to help those applying to do so without a hindrance
  3. Lastly, the ANC structures need to prepare presentations by writing to the Secretary of Parliament requesting to be part of the public hearing of the 06th September 2005 or any day as may have been decided upon by the Portfolio Committee on Finance


Also , in writing to the Secretary to Parliament this interest group should be requesting for any assistance that may be required


In so doing , we need to identify articulate and directly affected team as an interest group that will represent those affected adequately


33.W Mkele

34.A Bennie

35.FV Mabizela

36.B Fihla

37 N Kanyingo

38.R Zicwcle

39.J Khanyingo

40.Klassen

41.Mrs. Magabaza

42.Mrs. Rwentela

43.Mrs. Manziya

44.Mrs. Sitoto

45.Mr.L Sitoto

46.Mr. P Vena

47.Mrs. Blou

48.Patric Patsha

49.L Thanda

50.Mrs, N Marwanqana