NATIONAL TREASURY REPUBLIC OF SOUTH AFRICA: STANDING COMMITTEE ON PRIVATE
MEMBERS' LEGISLATIVE PROPOSALS AND SPECIAL
FROM E de Witt: Head : Legal Services: GEPF
TO: Ms Mentor
PETITION OF MRS CJ KELLERMANN
22 August 2006
On 2 September 2006 the National Assembly adopted the report of the Standing
Committee on Private Members' Legislative Proposals and Special Petitions
(Standing Committee) on the petition of Mrs CJ Kellermann.
2. Section 213(2) of the Constitution of the Republic of South Africa, 108 of
1996, provides, inter alia, that money may only be withdrawn from the National
Revenue Fund by way of an Act of Parliament. An act must therefore be
promulgated in order to authorise payment from the National Revenue Fund of the
additional pension benefits granted to Mrs Kellermann and resulting from the
condoning of the break in her husband's service.
3. However, in order to finalise this matter, we request that you please advise
us as to the precise nature and extent of the pension benefits granted by the
Standing Committee to Ms Kellermann. We submit that the following three options
exist:
3.1 The annuity and gratuity is recalculated retroactively to the date of Adv.
Kellermann's death. This will mean that Mrs Kellermann will receive an
additional gratuity amount of approximately R495 693-43, arrear monthly pension
in the amount of R134 663-67 and an increase of R221 0-11 per month on her
monthly pension.
3.2 Only the annuity is recalculated and paid from the date of Adv.
Kellermann's death. This will mean that Mrs Kellermann will receive arrear
monthly pension in the amount of R134 663-67 and an increase of R2210-11 per
month on her monthly pension.
3.3 Only the annuity is recalculated and paid from 2 June 2006, the date on
which the National Assembly accepted the petition. This will mean that Mrs
Kellermann's monthly pension increases by R2210-11 per month from 2 June 2006.
4. We request that your office please advise as to which option above correctly
reflects the intention of the Standing Committee or advise if there was an
alternate intention.
Yours sincerely
E de Witt
Head: Legal Services GEPF