ANNEXURE "A"

BRIEF EXPLANATORY MEMORANDUM:

PETITIONS TO PARLIAMENT FOR ADDITIONAL PENSION BENEFITS

1. Devenish traces the right to petition Parliament back to the Magna Carta of 1215 which, according to Devenish, created "the legal basis to which the modern right of petition for redress of grievances can be traced". The right to petition is now specifically contained in section 17 of the Bill of Rights of the Constitution of the Republic of South Africa, 1996. A citizen may therefore request a pension or additional pension benefits by way of petition and such a petition may be granted by the National Assembly if the petition has no other remedy in law for redress against the state and the granting of the petition is in the public interest.

In 1913 the first petition for additional pension benefits was authorised by the Union of South Africa in terms of the Pensions (Supplementary) Act, 1913. Since then no less than 83 such Acts have been promulgated, the last being promulgated in 1993.

2. Parliament consists of two houses, namely the National Assembly and the National Council of Provinces. The National Assembly hears petitions and this is done in terms of the rules of the National Assembly that determine the procedure for hearing a petition.

3. A petition for additional pension benefits is done by way of a special petition. The rules of the National Assembly define a special petition as a "petition requesting a pension or other specific or personal relief from the state which is not authorised by law'. The procedure for hearing a special petition relating to the additional pension benefits is as follows: After tabling the petition in the National Assembly, the Speaker must refer the petition to the Portfolio Committee on Private Member's Legislative Proposals and Special

Petitions. The Committee will hear the petition and report back to the National Assembly on whether or not the petition should be granted or dismissed. Based on this report the National Assembly will either accept or reject the petition.

4. Additional pension benefits are paid from the National Revenue Fund.

Section 213 (2) of the Constitution states that money may only be withdrawn from the National Revenue Fund in terms of an appropriation by an Act of Parliament or as a direct charge against the National Revenue Fund, when it is provided for in the Constitution or an Act of Parliament.

Therefore the mere granting of the petition by the National Assembly is not . sufficient to authorise payment from the National Revenue Fund - an Act authorising payment must be promulgated.

WEBBERS ATTORNEYS. NOTARIES. CONVEYANCERS

PORTFOLIO COMMITTEE on Private Member's Legislative Proposals and Special Petitions

Your ref Mr L Myoli

Our ref E Holtzhausen/sr /Krige

Date 22 August 2005

Sir,

RE: SPECIAL PETITION FOR ADDITIONAL PENSION BENEFITS, Mr KRIGE, PENSION NUMBER CP15122501

We act on behalf of Mr. J.D Krige.

Mr Krige addressed several letters to the Pensions Administration, requesting that half of his monthly pension be paid to his disabled son, Marius Krige, after Mr Krige passes away.

In his letter, dated 27 January 2005, he set out the circumstances and reasons for his request, briefly being the following:

1.) Mrs. Krige passed away on 17 January 2004.

2.) Due to their son's disability, he is unable to take care of himself.

3.) Should Mr. Krige pass away there will be no one to take care of Marius, and the spouse's pension benefit will be cancelled because of Mrs. Krige's death.

4.) Mr. Krige therefore wishes to make provision for the financial well-being of Marius by means of the pension benefit being transferred to Marius instead.

The letter setting out his request is attached as Annexure "A".

In a letter dated 15 February 2005, attached hereto as Annexure "B", our client was advised that the Government Employees Pension Law, 1996 does not provide any relief for the current circumstances of our client, the reason for this being that Mr Krige retired before 1 December 2002 and the rules of the aforementioned Legislation, as amended in 2003, only make provision for orphans and disabled children of members or pensioners who retired on or after 1 December 2002.

In that same letter, it was recommended that, because our client has no other remedy in law for redress against the state and because this is surely not an isolated case and therefore in the public interest, a petition be addressed to the National Assembly in terms of section 17 of the Bill of Rights of the Constitution of South Africa.

On behalf of our client, we accordingly request you to table this Special Petition for additional pension benefits to be paid to Marius. Please consider it favourably and in such a manner that it makes provision for payment of pension benefits to the disabled dependant, not restricting the benefit to the pensioner's date of retirement and death, but rather ensuring the continuous support of Marius, who cannot provide for himself.

The committee is requested to take the following into consideration: a) Public interest.

b) Personal circumstances of the Petitioner.

c) The special needs of the disabled child of the Petitioner.

d) Years of employment and contributing to the pension fund. e) Family (alive/deceased) of disabled child.

f) The petition being the last-resort remedy.

Kindly furnish us with your confirmation that our client's petition will be tabled accordingly and advise us of the progress in this regard.

Yours faithfully,

WEBBERS

PMG NOTE: [ FAX CALLREPORT NOT INCLUDED]

NATIONAL TREASURY

15 Februarie 2005

Geagte Brig. Krige

PENSIOEN JD KRIGE: CP 15122501

Ons verwys na u brief gedateer 27 Januarie 2005 waarin u versoek dat 'n gedeelte van u pensioen na u afsterwe aan u gestremde seun toegeken word.

Alhoewel ons met empatie verneem van u omstandighede, maak die Government Employees Pension Law, 1996 en die reels daarby nie voorsiening vir u versoek nie. (Die reels is reeds in 2003 gewysig om voorsiening maak vir die toekenning van voodele vir weeskinders en gestremde kinders van lede of pensioenarisse wat op of na 1 Desember 2002 aftree. Aangesien u reeds voor genoemde datum afgetree het, is die Fonds ongelukkig nie in 'n posisie om hierdie voordeel aan u gestremde seun toe te ken nie.)

Enige reels wat die betaling van pensioen- en ander voordele raak, kan slegs gewysig word nadat daar op die wysiging ooreengekom is in die Public Service Coordinating Bargaining Council. Die Fonds is dus nie by magte om sodanige reels te wysig sonder dat die nodige kollektiewe ooreenkomste gesluit is nie.

Die Grondwet, 1996 maak in artikel 17 voorsiening vir die moontlikheid om petisies voor te Ie. Indien 'n petisie vir addisionele voordele deur die Parlement goedgekeur word, word 'n wet gepromulgeer wat 'n bepaalde persoon geregtig maak op die voordele soos in die wet bepaal. Indien u hierdie moontlikheid verder wi! ondersoek, kan u navrae rig aan die Portfolio Committee on Private Member's Legislative Proposals and Special Petitions.

Ons heg hierby'nkort uiteensetting aan van die petisieproses.

Vriendelike groete

M VERCUIL

REGSAFDELlNG: GOVERNMENT EMPLOYEES PENSION FUND

TO TI-IE HONOURABLE THE SPEAKER AND MEMBERS OF PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA, IN PARLIAMENT ASSEMBLED

The Petition of the undersigned, Mr. J.D Krige, a pensioner residing at Nr 1 Chardonnay, Groskopf Street, Langenhovenpark, Bloemfontein, :Free State Province,

Respectfully sheweth: That a request is hereby brought that the Petitioner's monthly pension benefit be paid to his disabled son, Marius Krige.

In my letter addressed to the Pensions Administration, dated 27 January 2005, I set out the circumstances and reasons for my request, briefly being the following:

1. Mrs. Krige passed away on 17 January 2004.

2. Due to our son's disability, he is unable to take care of himself.

3. Should I, Mr. Krige pass away there will be no one to take care of Marius, and the spouse's pension benefit will be cancelled because of Mrs. Krige's death.

I accordingly wish to make provision for the financial well-being of Marius by means of the pension benefit being transferred to him instead.

In a letter received from The National Treasury, dated 15 February 2005, I was advised that the Government Employees Pension Law, 1996 does not provide any relief for my current circumstances, the reason for this being that I retired before 1 December 2002 and the rules of the aforementioned Legislation, as amended in 2003, only make provision for orphans and disabled children of members or pensioners who retired on or after 1 December 2002.

In that same letter, it was recommended that, because I have no other remedy in law for redress against the state and because this is surely not an isolated case and therefore in the public interest, a petition be addressed to the National Assembly in terms of section 17 of the Bill of Rights of the Constitution of South Africa.

I respectfully request you to table this Special Petition for additional pension benefits to be paid to Marius. Please consider it favourably and in such a manner that it makes provision for payment of pension benefits to my disabled dependant, not restricting the benefit to the pensioner's date of retirement and death, but rather ensuring the continuous support of Marius, who cannot provide for himself.

I respectfully request you to consider the following:

Public interest. Personal circumstances of the Petitioner. The special needs of the disabled child of the Petitioner. Years of employment and contributing to the pension fund. Family (alive/deceased) of a disabled child. The petition being the last- resort remedy

Wherefore your petitioner prays that the Honourable Parliament will be pleased to take my case into favourable consideration, and grant such relief as it may deem fit,

And your petitioner, as in duty bound, will ever pray.

J.D Krige

Member of Parliament

DR HJ BONNET

HEIL DIE LESER

Bogenoemde pasient is 85jaar oud. Hy het ‘nvorige aorta anurisme borstel gehad, gebruik ‘n passangeer om sy hartritme te reguleer.

Hy word ook behandel vir prostaat kanker en ontvang huidig hipertensie behandeling.

Die uwe
Dr HJ Bonnet


Dr. HJ Bonnet

21 July 2006

TO WHOM IT MAY CONCERN

I/s: Marius Krige ID 5609105004082

Patient known to me from 1987. He is mentally retarded from birth and totally dependent on his father. He cannot read or write.

His mother died 2004 01 17. I issued the death, certificate. Patient father and mother were married on 15.3.1946 and was nearly married for 58 years.

His health is reasonably good. He is nearly fifty years old.

Yours truly
Dr HJ Bonnet


VRVSTAAT.. NASORGSENTRUM RESIDENTIAL CARE CENTRE

VIR VERSTANDEUKE GESTREMDE VOLWASSENES FOR MENTALLY HANDICAPPED ADULTS

24 Julie 2006

WIE DIT MAG AANGAAN

MARTUS KRIGE, ID NO. 560910 5004 082, is a dagwerker verbonde ann die Vrystaat NasorgscntrUm vir die Versorging van Verstandelik Gestremdc Volwas!lcnes, Hy funksioneer in 'n beskermde werkswinkel bedags. Alhoewel hy fisics redelik gesond is, kan hy Die lees of skryf nie en is hy dus van versorging afhanklik,

Die uwe
S Vosser: DIREKTEUR

PMG Note: [Footnotes not Included]