SPECIAL PENSIONS ACT, 1996
PRESIDENT'S OFFICE
No. 1815.
NO. 69 OF 1996: SPECIAL PENSIONS ACT, 1996
It is hereby
notified that the President has assented to the following Act which is hereby
published for general information:-
ACT
To give
effect to section 189 of the Constitution; to provide for special pensions to
be paid to persons who made sacrifices or served the public interest in the
cause of establishing a democratic constitutional order; to prescribe rules for
determining the persons who are entitled to receive those pensions; to
establish a Special Pensions Board and a Special Pensions Review Board; and to
provide for related matters.
PLEASE NOTE!
FOOTNOTES ARE AT THE END OF THE TEXT
TABLE OF
CONTENTS
SECTION
CONTENTS
PART 1
BENEFITS
1. Right to
pension
2. Right to a survivor's benefit
3. Payment to survivor on death of pensioner
4. One benefit only to be awarded
5. Allocation of survivor's benefit
6. Applications for benefits
7. Determination by Board
8. Right of appeal against Board's decision
9. Payment of benefits
10. Payments to other public pension funds
11. Optional early pensions
12. Increases in pension amounts
13. Pensions cannot be assigned or attached
14. Qualification for other benefits
PART 2
SPECIAL PENSIONS BOARD
15.
Establishment of Board
16. Appointment of members
17. Remuneration of members
18. Conduct of members
19. Board to be unfettered
20. Board business
21. Staff and contractors
22. Chief Executive Officer
23. Board finances
24. Duties and powers of Board
25. Board investigations
26. Legal proceedings against Board
27. Dissolution of Board 28. Review Board
PART 3
GENERAL PROVISIONS
29.
Minister's powers
30. Offences
31. Definitions
32. Short title and commencement
SCHEDULES
Schedule 1
CRIMES AND LIST OF ACTS
Schedule 2
APPLICATION FORM FOR PENSIONS
Schedule 3
PENSION BENEFITS
PREAMBLE
Section 189
of the Constitution requires that an Act of Parliament shall provide for the
payment of pensions to-
persons who,
in the establishment of a democratic constitutional order, made sacrifices or
served the public interest; and the dependants of those persons.
The
Constitution further requires that an Act of Parliament shall prescribe-
the
qualifications of persons entitled to receive those pensions; the conditions on
which those pensions may be granted; and the basis for determining the amount
of those pensions.
(Afrikaans
text signed by the President.)
(Assented to
30 October 1996.)
In order to
give effect to the abovementioned provisions of the Constitution, the
Parliament of the Republic of South Africa, enacts as follows:-
PART 1 -
BENEFITS
Right to
pension
1. (1) A
person who made sacrifices or served the public interest in establishing a
non-racial, democratic constitutional order and who is a citizen, or entitled
to be a citizen, of the Republic(1) of South Africa, has the right to a pension
in terms of this Act if that person-
(a) was at
least 35 years of age on the commencement date; and
(b) was
prevented from providing for a pension because, for a total or combined period
of at least five years prior to 2 February 1990, one or more of the following
circumstances applied:
(i) That
person was engaged full-time in the service of a political organisation.(2)
(ii) That
person was prevented from leaving a particular place or area within the
Republic, or from being at a particular place or in a particular area within
the Republic, as a result of an order issued in terms of a law mentioned in
Schedule 1(3) of this Act.
(iii) That
person was imprisoned or detained in terms of any law or for any crime
mentioned in Schedule 1 of this Act, or that person was imprisoned for any
offence committed with a political objective.
(2) In
determining whether a person committed an offence with a political objective as
contemplated in subsection (1)(b)(iii), the Board must consider the following
factors:
(a) The
person's motive in committing the offence;
(b) the
context within which the offence was committed and, in particular, whether the
offence was committed in the course of a political uprising or political event;
(c) the
nature and gravity of the offence;
(d) the
effect of the commission of the offence on a political opponent, State
property, State personnel, private property or individuals;
(e) whether
the offence was committed as part of a programme, or with the approval of an
organisation which promoted a non-racial democratic constitutional order:
(f) the
relationship, proximity and proportionality of the offence and the political
objective pursued in its commission; and
(g) whether
the offence was committed without-
(i) personal
gain; or
(ii)
personal malice.
(3) A person
who made sacrifices or served the public interest in establishing a non-racial
democratic constitutional order and who is a citizen, or entitled to be a
citizen, of the Republic, has a right to a pension in terms of this Act if that
person was prevented from providing for a pension because, prior to 2 February
1990, that person suffered a permanent and total disability arising out of any
of the circumstances listed in subsection (1)(b)(i) or (iii).
(4) A
pensioner who qualifies for a benefit in terms of subsection (1) is entitled to
receive a pension, payable monthly, commencing on the first day of the month
during which that person attains the age of 60.
(5) A
pensioner who qualifies for a benefit in terms of subsection (3) is entitled to
receive a pension, payable monthly, commencing with effect from 1 April 1995.
(6) For each
pensioner, the Board must determine the amount of the monthly pension in
accordance with the table in Schedule 3.
(7) For the
purpose of applying the table in Schedule 3, the Board must determine each
pensioner's qualifying period as follows:
(a) For
persons entitled to a pension in terms of subsection (1), the qualifying period
is the total length of time prior to 2 February 1990 that the pensioner spent
in the circumstances listed in that subsection
(b) For
disabled persons entitled to a pension in terms of subsection (3), the
qualifying period is-
(i) the
total or combined length of time, if any, that the pensioner spent prior to
being disabled in any of the circumstances listed in subsection (1)(b); plus
(ii) the
length of time between the date that the pensioner became disabled and 2
February 1990; or
(iii) a
period of five years,
whichever is
the longer.
(8) A person
referred to in this section is disqualified from receiving or continuing to
receive a pension if, after making the sacrifice or serving the public interest
as referred to, that person-
(a) either
actively engaged in actions calculated to undermine efforts to establish a
nonracial democratic constitutional order;
(b) or was
convicted of a crime committed after 2 February 1990.
(9) For the
purposes of subsection (8)(b), "crime" means-
(a) at any
time between 2 February 1990 and 1 May 1994, an offence mentioned in Schedule 1
of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), other than treason
and sedition; and
(b) at any
time after 30 April 1994, an offence mentioned in Schedule 1 of the Criminal
Procedure Act, 1977 (Act No. 51 of 1977).
Right to
survivor's lump sum benefit
2. (1)A
person has the right to a survivor's lump sum benefit in terms of this Act if
that person is a surviving spouse, or if there is no surviving spouse, the
surviving dependant, of a person who-
(a) made
sacrifices or served the public interest in establishing a non-racial
democratic constitutional order;
(b) was a
citizen, or entitled to be a citizen, of the Republic;
(c) is not
disqualified in terms of section 1(8); and
(d) (i)
either has died but, had he or she survived, would have qualified in terms of
section 1, based on the circumstances at the time of death;
(ii) or died
prior to 2 February 1990 while he or she was imprisoned or detained for any
crime or in terms of any law mentioned in Schedule 1 of this Act;
(iii) or
died prior to 2 February 1990 while he or she was actively engaged in, and from
causes arising out of, full-time service to a political organisation;
(iv) or
disappeared prior to 2 February 1990 while he or she was actively engaged in
efforts attempting to establish a non-racial democratic constitutional order,
and has been presumed in law to be dead(4).
(2) (a) The
surviving spouse or dependant of a deceased person who would have been a
qualifying pensioner had that person survived, is entitled to receive a single
lump sum amount equal to twice the annual pension that would have been payable
to that person had he or she survived until the commencement date.
(b) The
surviving spouse or dependant of a deceased or missing person referred to in
subsection (1)(d)(ii), (iii) or (iv) is entitled to receive a single lump sum
equal to twice the annual pension that would have been payable to a pensioner
whose qualifying period equalled-
(i) the
total or combined length of time that the deceased or missing person spent
prior to 2 February 1990 in any of the circumstances listed in section 1(1)(b);
plus
(ii) the
length of time between the date that the deceased or missing person died or
disappeared and 2 February 1990; or
(iii) a
period of five years,
whichever is
the longer.
(3) A person
referred to in this section who would be eligible for a survivor's benefit is
disqualified from receiving that benefit if that person-
(a) either
actively engaged in actions calculated to undermine efforts to establish a
non-racial democratic constitutional order;
(b) or has
been convicted of a crime committed after 2 February 1990.
(4) For the
purposes of subsection (3), "crime" means-
(a) at any
time between 2 February 1990 and 1 May 1994, an offence mentioned in Schedule 1
of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), other than treason
and sedition; and
(b) at any
time after 30 April 1994, an offence mentioned in Schedule 1 of the Criminal
Procedure Act, 1977 (Act No. 51 of 1977).
Payment to
survivor on death of pensioner
3. (1) Upon
the death of a pensioner referred to in section 1 whose monthly pension
payments have already begun, a surviving spouse or, if there is no surviving
spouse, a surviving dependant of that pensioner, is entitled to receive a lump
sum payment equal to twice the annual amount that was payable to that pensioner
immediately before the date of death.
(2) Upon the
death of a person not yet 60 years of age, who has been granted a pension which
has not commenced, a surviving spouse or, if there is no surviving spouse, a
surviving dependant of that pensioner is entitled to receive a lump sum payment
equal to twice the annual amount that would have been payable to that pensioner
if he or she had been 60 years of age immediately before the date of death.
One benefit
only to be granted
4. A person
who qualifies for a benefit under both section 1 and section 2, or for more
than one benefit under section 2 or 3-
(a) must be
granted the benefit that is most advantageous to that person; and
(b) may not
be granted any other benefit under either section 1 or 2.
Allocation
of survivor's benefit
5. (1) If a
deceased person is survived by more than one spouse, each of whom qualifies for
a survivors benefit in terms of this Act, the Board must determine the
proportion of the survivor's benefit that is to be paid to each qualifying
spouse; but the total benefits for all the surviving spouses must not exceed
the benefit that would have been payable had there been only one surviving
spouse.
(2) If a
deceased person is not survived by a spouse, but is survived by more than one
dependant, each of whom qualifies for a survivor's benefit in terms of this
Act, the Board must determine the proportion of the survivors benefit that is
to be paid to each qualifying dependant but the total benefits for all the
surviving dependants must not exceed the amount of the benefit that would have
been payable had there been only one surviving dependant.
Applications
for benefits
6. (1) Any
person who applies for a benefit in terms of this Act must-
(a) complete
an application form as set out in Schedule 2;
(b) have a
Commissioner of Oaths certify on the application form that the applicant swore
or affirmed that the information contained in that form is correct; and
(c) submit
the application form to the Board on or before the closing date.
(2) If a
person who would qualify for a benefit is permanently or temporarily disabled
and therefore unable to apply in terms of subsection (1) personally, any person
acting on behalf of that disabled person, may submit a curator's application in
the prescribed form to the Board.
Determination
by Board
7. The Board
must-
(a) consider
applications for benefits submitted to it in terms of this Act;
(b)
determine whether an applicant referred to in section 1 qualifies as a
pensioner;
(c)
determine whether an applicant referred to in section 2 or section 4 qualifies
for a survivor's benefit;
(d) with
respect to an applicant who qualifies for more than one benefit in terms of
section 2, determine which entitlement is most advantageous to that applicant;
(e) with
respect to an applicant who qualifies for both a pension, in terms of section
1, and a survivor's benefit, in terms of section 2, determine which entitlement
is most advantageous to that applicant by comparing-
(i) the
actuarial value, at the date of the application, of the monthly pension to
which that person is entitled; and
(ii) the
value of the survivors lump sum payment to which that person is entitled;
(f)
determine the benefit payable to each beneficiary;
(g) report
its findings to the Minister and to the applicant; and
(h) inform
the applicant in plain language of the right to appeal against the Board's
decision, and include in that advice the form prescribed in Schedule 2 for
requesting a review of the decision.
Right to
appeal against Board's decision
8. Any
applicant who disagrees with any decision of the Board may request a review of
that decision by sending a written notice in the form prescribed in Schedule 2
to the Review Board within 60 days of the date of the decision. The Review
Board has the discretion to condone late applications.
Payment of
benefits
9. (1) The
Minister must pay any pension, payable in terms of this Act, on the first day
of the month in which the pensioner is entitled to that payment, commencing in
the month in which the pensioner is first entitled to a payment.
(2) When the
first monthly payment is made to a disabled pensioner in terms of section 1(5)
the Minister must include a lump sum covering all the pension payments due to
that person from 1 April 1995 to the date of that first payment.
(3) When the
first monthly payment is made to a pensioner in terms of subsection 1(4), the
Minister must include therein a lump sum covering all the pension payments due
to that pensioner from either 1 April 1995, or the pensioner's 60th birthday,
whichever is the later, to the date of that first payment.
(4) The
monthly payments payable to a pensioner must cease immediately upon the death
of the pensioner.
(5) The
Minister must pay any survivor's lump sum benefit payable in terms of this Act
to the beneficiary within 90 days of the date on which the Board notifies the
Minister that a benefit is payable to that beneficiary.
(6) If a
survivors benefit is payable to a person who is either under the age of 21, or
mentally incapacitated-
(a) the
Master of the Supreme Court must appoint an appropriate person to administer
that benefit on behalf of the beneficiary; and
(b) the
Board, on behalf of the applicant, must take the necessary steps to obtain the
required order from the Master of the Supreme Court.
(7) Despite
subsections (2) and (3), a beneficiary may not receive any pension payment or
lump sum benefit while holding office as a member of any legislature mentioned
in the Constitution, but may begin to receive a pension on-
(a) either
that beneficiary's 60th birthday;
(b) or the
date that beneficiary's office as a member of any legislature terminates,
whichever is
the later.
Payments to
other public pension funds
10. (1) A
benefit otherwise payable to a beneficiary but which, because of section 9(7)
cannot be paid to that beneficiary, must be paid into a special fund to be
established for public representatives' pensions by the Minister by regulation.
The amount in such a fund may, together with accrued interest and bonuses
declared in respect of that fund, be invested and reinvested.
(2) The
value of a special fund created in terms of subsection (1) accrues to the
relevant beneficiary upon termination of office as a member of any legislature
mentioned in the Constitution, and must be paid to that beneficiary in terms of
the rules of that fund.
Optional
early pensions
11. A
pensioner who is at least 50 years of age has the right to begin to receive the
monthly pension at any time. A pensioner who wishes to exercise this right must
send the prescribed notice to the Minister at least 60 days before the date on
which pension payments are to begin. The amount of the monthly pension for that
pensioner must be reduced by an amount equal to-
(a) 3% of
the monthly pension that would be payable if that pensioner were aged 60 at
that time; multiplied by
(b) the
number of complete calendar years between the date of the first monthly payment
and the date of that pensioner's 60th birthday.
Increases in
pension amounts
12. At any
time the Minister may increase the pensions payable to pensioners on any basis
that the Minister considers appropriate. An increase in terms of this section
must apply to every person-
(a) who is
receiving a pension at that date;
(b) in
respect of whom a determination is made that he or she is entitled to a pension
that will commence after that date; and
(c) in
respect of whom a determination is subsequently made that he or she is entitled
to a pension.
Pensions
cannot be assigned or attached
13. (1) A
pension, or a right in respect of a pension, payable in terms of this Act
cannot be assigned, transferred, pledged, hypothecated or otherwise ceded, is
not liable to be attached and is not subject to any form of execution under a
judgment or an order of any court of law.
(2) If a
beneficiary, or a person acting under the lawful authority of a beneficiary,
attempts to assign, transfer, pledge, hypothecate or otherwise cede any pension
payable in terms of this Act, the Minister may direct that the pension
concerned must be withheld, suspended or discontinued.
(3) The
Minister must give notice in plain language of the provisions of this section
to every pensioner when the first monthly payment is made th that pensioner.
Qualification
for other benefits
14. (1) In
addition to any benefits granted in terms of this Act, a beneficiary who
qualifies as contemplated in section 1 or 2 may apply for, and if qualified,
may receive payments also in terms of either or both-
(a) the
Social Pension Act, 1973;
(b) the
Military Pension Act, 1973.
(2) Benefits
received or to be received in terms of this Act must not be considered for the
purposes of administering any income or asset test in terms of either of the
Acts referred to in subsection (1).
(3) Benefits
received in terms of this Act are taxable.
PART 2 -
SPECIAL PENSIONS BOARD
Establishment
of Board
15. There is
hereby established a Special Pensions Board which is accountable to the
Minister, and which consists of a Chairperson and four other members.
Appointment
of members
16. (1) The
Minister, in consultation with the President, must from persons nominated in
accordance with subsection (2) appoint appropriate persons to be either
full-time or part-time members of the Board, and must fill any vacancies on the
Board as they arise by appointing from the persons so nominated, appropriate
persons.
(2) The
Minister shall for the purposes of nominating the persons referred to in
subsection (1), establish a committee consisting of such number of members of
Parliament as may be determined by him or her, and such members shall be
appointed in such a manner that all political parties represented in Parliament
are represented proportionately in such committee: Provided that in respect of
each such party at least one member shall be appointed on such committee.
(3) A
vacancy on the Board occurs when a member dies, when a member's resignation
takes effect or when a member's appointment is terminated by the Minister in
accordance with the regulations.
(4) A
vacancy on the Board must be filled in accordance with subsection (1), as soon
as practicable. In the meantime, the Boards proceedings and decisions continue
to be valid.
Remuneration
of members
17. (1) The
Minister may determine the salaries, allowances and other conditions of service
of any members of the Board who are not in the service of the State. The
salaries, allowances and conditions of service of those members may not be
reduced or be rendered less favourable without their consent while they remain
in office.
(2) Members
of the Board who are in the paid service of the State may not receive any
additional remuneration for serving on the Board, but may have their additional
expenses paid.
Conduct of
members
18. (1)
Board members are appointed in their individual capacity. Regardless of
personal opinion or party affiliation, they must serve independently and
impartially, and perform their functions in good faith, giving full effect to
the spirit and the specific obligations stipulated in this Act.
(2) Board
members must give reasons for their decisions.
(3) Board
members must avoid personal interests which conflict with the interests of the
Board.
(4) If a
member has a personal interest in any matter that might keep that member from
performing the functions of the Board in a fair and unbiased manner, that
member must disclose that interest in writing to the other members of the Board
and may not participate in decisions regarding such matter.
Board to be
unfettered
19. (1) No
person or organ of state may fetter the discretion of the Board or any of its
members.
(2) Organs
of state must assist the Board to perform its functions.
Board
business
20. (1) The
Chairperson must determine the time and place of Board meetings.
(2) Subject
to the regulations, the Board may establish its own rules of procedure for
meetings of the Board.
(3) The
Board-
(a) must
develop a budget, and a written business plan by which it proposes to achieve
its objectives;
(b) within
21 days after being appointed, must submit its first budget and business plan
to the Minister for approval; and
(c) must
prepare monthly written reports of its activities, and submit those reports to
the Minister when the Minister requests them.
Staff and
contractors
21. (1) The
Board may-
(a) ask the
public service to second to the Board any skilled personnel the Board requires
to achieve its objectives; and
(b) conclude
contracts in order to obtain the services of persons who have the requisite
skills but are unavailable through secondment.
(2) When the
Minister dissolves the Board-
(a) the
secondment of all staff seconded to the Board will terminate; and
(b) all
contracts with persons for services in terms of subsection (1)(b) will expire,
and neither the Board nor the State will be liable for any damages in respect
of the expiration of those contracts.
Chief
Executive Officer
22. (1) The
Board must appoint a person who has been seconded to it in terms of subsection
21 (1) to be Chief Executive Officer, subject to any applicable law governing
the seconded person's employment.
(2) The
Chief Executive Officer must assist the Board in performing its functions, and
is accountable to the Minister in respect of the performance of any functions
that the Board assigns to the Chief Executive Officer. The Chief Executive
Officer is responsible for the management and administrative control of the
affairs of the Board.
(3) The
Chief Executive Officer must perform the functions of his or her office
impartially, subject to-
(a) any part
of any law relating to the public service, to the extent that the Board
directs;
(b) the
Exchequer Act, 1975 (Act No. 66 of 1975); and
(c) the
Auditor-General Act, 1995 (Act No. 12 of 1995).
Board
finances
23. (1)
Benefits payable in terms of Part 1 of this Act must be paid from money
appropriated by Parliament for that purpose.
(2) The
Boards funds consist of money appropriated by Parliament, which the Board may
use only-
(a) for the
defrayal of expenditures relating to its functions or the functions of the
Review Board; and
(b) in
accordance with the current statement of estimated expenditures prepared by the
Board, and approved by the Minister, in terms of subsection (3).
(3) (a) Each
year, at a time that the Minister determines, the Board must submit a statement
of its estimated expenditures, and of the estimated expenditures of the Review
Board for the following financial year to the Minister for approval.
(b) During a
financial year, the Board may submit an adjusted statement of estimated
expenditures for that year to the Minister for approval.
(4) The
Board may not incur expenditure that causes the total expenditure in that
financial year to exceed the total approved expenditure for that financial
year.
(5) The
Board must open and maintain an account in the name of the Board with a bank
registered in the Republic, or with another financial institution approved by
the Minister, and must-
(a) deposit
to that account any money that the Board receives; and
(b) make any
payment on behalf of the Board, or the Review Board, from the account.
(6) The
Chief Executive Officer-
(a) is the
accounting officer of the Board and is responsible for managing the Board's
budget; and
(b) subject
to the Exchequer Act, 1975 (Act No. 66 of 1975), is accountable for all State
money that the Board receives or pays, and must keep the records needed to
comply with that Act.
(7) The
Auditor-General must audit the Boards financial records.
(8) The
financial year of the Board extends from 1 April each year to 31 March of the
following year.
Duties and
powers of Board
24. (1) The
Board must take appropriate steps to communicate in plain language to all
persons who may have an interest-
(a) the
right to benefits in terms of this Act;
(b) the
qualifications for benefits;
(c) the
procedure to apply for benefits; and
(d) any
other information that may assist a person to apply for a benefit.
(2) The
Board may-
(a)
undertake or arrange for research relating to its objectives and functions; and
(b) conduct
any investigation that is required to perform its functions.
(3) (a) If
an applicant does not qualify for a benefit in terms of this Act, the Board
must consider whether the Truth and Reconciliation Commission, established by
section 2 of the Promotion of National Unity and Reconciliation Act, 1995 (Act
No. 34 of 1995), or any other organ of the State, may be able to assist the
applicant, and if so, the Board must-
(i) forward
the relevant application, together with the particulars that the Board has
compiled relative to the application, to that organ of State; and
(ii) advise
the applicant that it has been done.
(b) Any
organ of state receiving an application forwarded by the Board in terms of this
subsection must accept and process that application as if it had been submitted
to it as an application in terms of, and in the form prescribed by, any
applicable law.
(4) If an
applicant might qualify for a benefit in terms of section 2(1)(d)(iv), but, at
the time of application, no court of law has made an order presuming the
missing person to be dead, the Board, on behalf of the applicant, must take the
necessary steps to obtain the appropriate court order.
Board
investigations
25. (1) The
Board, by written notice, may require a person to appear before it, to answer
questions, and to produce any article or document in or under that person's
possession, custody or control that might be relevant to an investigation. The
notice must-
(a) be in
the prescribed form; and
(b) be
served on the person concerned either by registered letter addressed to the
person's last known address, or in the same manner that a summons is served on
a witness to appear in a magistrate's court.
(2) The
Board may administer an oath to, or take an affirmation from, and then
question-
(a) a person
who has been requested to appear under subsection (1); and
(b) a person
who could have been so requested and who is present at the place where the
Board's investigation is held, whether or not that person was required to
appear before the Board.
(3) Any
person questioned in terms of subsection (2) may refuse to answer any question
if the answer could reveal that the person-
(a) had
committed an offence; or
(b) had done
or omitted to do anything that could expose that person to a claim for damages.
(4) The
Board may request any person or political organisation to provide to the Board
any relevant information, including information relating to an applicant in
terms of this Act.
(5) Any
person or political organisation from whom the Board has requested information
in terms of subsection (4) must provide the Board with any relevant information
at their disposal.
Legal
proceedings against Board
26. (1) The
State Liability Act, 1957 (Act No. 20 of 1957), applies, with the changes
required by context, in respect of the Board, except that any reference in that
Act to "the Minister of the department concerned" must be read as
referring to the Chairperson of the Board.
(2) Members
of the Board, or of the Boards staff, and persons contracted by the Board, are
not liable for any cause of action arising out of anything reflected in any
report, finding, point of view or recommendation that they make or express in
good faith to Parliament, or any other person in terms of the Constitution or
this Act.
(3) Members
of the Board, or of the Boards staff, and persons contracted by the Board must
not disclose any information revealed to them in the performance of their
functions in terms of this Act, except as specifically required or permitted by
this Act or any other law.
Dissolution
of Board
27. (1) The
Minister may dissolve the Board at any time after the Board has completed its
activities, but not later than 2 years after the commencement date.
(2) Upon
dissolution of the Board-
(a) the
Pensions Administration of the Department of Finance is responsible for the
performance for the administrative functions of the Board in terms of this Act;
and
(b) the
Minister must assume responsibility for the discretionary functions of the
Board in terms of this Act, but the Minister may delegate responsibility to the
head of the said Pension Administration.
Review Board
28. (1)
There is hereby established a Special Pensions Review Board, consisting of a
judge of the Supreme Court as its Chairperson and two other members, one of
whom must be an actuary.
(2) The
Minister must appoint the members of the Review Board, and fill any vacancies
on the Review Board as they arise.
(3) The
Review Board must determine its own rules of procedure.
(4) The
Review Board must consider every appeal submitted to it and may confirm the
decision of the Board or may replace it with another decision.
(5) The
provisions of sections 16, 17, 18, 19, 25 and 26 apply to the Review Board,
with the changes required by context.
PART
3-GENERAL PROVISIONS
Minister's
powers
29. (1) The
Minister may make regulations-
(a) required
to achieve the objects and purposes of this Act; or
(b)
regarding any matter required or permitted to be prescribed in terms of this
Act.
(2) The
Minister may, by notice in the Government Gazette, amend or replace the amounts
mentioned in Schedule 3, subject to the appropriation by Parliament of money
required to finance any increases of such amounts.
(3) Any
power, function or duty conferred, assigned or imposed upon the Minister by
this Act, may be delegated or assigned by the Minister, in writing, to any officer
in the public service, but the delegation or assignment of such power, function
or duty does not divest the Minister of that power, function or duty.
Offences
30. (1) A
person or political organisation is guilty of an offence if that person or organisation-
(a) prevents
or obstructs the performance of any activity contemplated by this Act;
(b) refuses,
or without sufficient cause fails, to comply with an obligation imposed in
terms of this Act; or
(c)
intentionally submits false or misleading information to the Board.
(2) A person
who intentionally fails to notify the Department of Finance of the-death of a
person who was receiving benefits in terms of this Act, and as a result of that
failure is benefited in any way, is guilty of an offence.
(3) Except
as is otherwise provided in subsection (4), a person or political organisation
convicted of an offence in terms of subsection (1) is liable for a maximum fine
of R5000.
(4) A person
or political organisation convicted of an offence in terms of subsection (1) in
circumstances in which such person or organisation has benefited in any way, or
who is convicted in terms of subsection (2), is liable to the same penalty as
that applicable in respect of the crime of fraud.
Definitions
31. (1) In
this Act, unless the context otherwise indicates-
(i)
"actuary" means a Fellow of the Institute of Actuaries of England or
the Faculty of Actuaries in Scotland or the Society of Actuaries of America;
(iv)
(ii)
"applicant" means a person who submits a completed application as
contemplated in section 6; (ii)
(iii)
"application" means-
(a) in
respect of a person seeking benefits as a pensioner, a completed and sworn
statement set out in form 1 of Schedule 2;
(b) in
respect of a person seeking a benefit as a spouse or dependant of a deceased
person, a completed and sworn statement set out in form 2 prescribed in
Schedule 2; (i)
(iv)
"beneficiary" means a person who in terms of a determination of the
Board qualifies for a benefit; (v)
(v)
"benefit" means a sum of money payable in terms of Part 1; (xiii)
(vi)
"Board" means the Special Pensions Board, established by section 15;
(xvii)
(vii)
"closing date" means the date 12 months after the commencement date;
(xx)
(viii)
"commencement date" means the date on which this Act comes into
operation in terms of section 32(2); (vii)
(ix)
"Constitution" means the Constitution of the Republic of South
Africa, 1993 (Act No. 200 of 1993); (ix)
(x)
"dependant" means an applicant who-
(a) is the
natural child or parent of a deceased person on whom the applicant financially
depended for maintenance at the time the person died; and
(b) at the
application date is either not yet 21 years of age, or is unable to provide
adequately for his or her maintenance; (iii)
(xi)
"Minister" means the Minister of Finance; (xii)
(xii)
"pension" means a right to the monthly payment of a pension
determined in terms of section 1; (xiv)
(xiii)
"pensioner" means a person entitled to a pension; (xv)
(xiv)
"permanent and total disability" means any physical or mental
condition that renders a person unable to provide adequately for his or her own
maintenance; (vi)
(xv)
"political organisation" means an association of persons formed with
either a political or military purpose, whether or not that association was
incorporated, and which-
(a) existed
for at least five years prior to 2 February 1990;
(b) had a
permanent governing and executive structure; and
(c) before 2
February 1990, was restricted in terms of any law or was declared to be unlawful
in terms of any law; (xvi)
(xvi)
"public service" means a department referred to in Schedule 1 of the
Public Service Act, 1994 (Proclamation No. 103 of 1994), or an organisational
component referred to in Schedule 2 of the Public Service Act; (xxi)
(xvii)
"regulation" means a regulation made in terms of section 29(1);
(xviii)
(xviii)
"Republic" means the national territory as referred to in section 1
of the Constitution; (xix)
(xix)
"Review Board" means the Special Pensions Review Board, established by
section 28(1) of this Act; (x)
(xx)
"spouse" means an applicant who, at the date on which another person
died or disappeared, was the partner of that person in a marriage relationship;
(viii)
(xxi)
"survivor" means a spouse or dependant or a deceased person; (xiii)
(xxii)
"this Act" includes the section numbers, the Schedules and any
regulations made in terms of section 29, but does not include the page headers,
headings or footnotes; (xi)
(xxiii)
"2 February 1990" means, with respect to any person, 2 February 1990,
or the first date after 2 February 1990 on which that person was released from
prison or detention in terms of any law mentioned in Schedule 1 of this Act, or
from the terms of an order referred to in section 1(1)(b)(ii), or, in the case
of a person who was engaged in the full-time service of a political
organisation, the day on which that person was repatriated or indemnified,
whichever was the earlier. (xxii)
(2) In the
application of the definition of-
(a)
"spouse" mentioned in subsection (1) "marriage
relationship" means-
(i) a
marriage;
(ii) a union
contracted in accordance with customary law or which is recognised as marriage
in accordance with the tenets of any religion;
(iii) a
continuous cohabitation in a homosexual or heterosexual partnership for a
period of at least 5 years;
(b)
"political organisation" mentioned in that subsection, a particular
political party may be recognised as such under one name only.
Short title
and commencement
32. (1) This
Act is called the Special Pensions Act, 1996.
(2) This Act
comes into operation on a date to be set by the President by proclamation in
the Government Gazette.
SCHEDULE 1
CRIMES AND
LIST OF ACTS
(Section
1(1)(b)(iii))
(1) The
common law in respect of the crimes of treason, sedition and crimen laesae
majestatis(5).
(2) Any of
the Acts mentioned in the following table:
NO. AND YEAR OF ACT |
SHORT TITLE |
Act 27 of 1914 |
Riotous Assemblies and Criminal Law Amendment Act,
1914 |
Act 38 of 1927 |
Native Administration Act, 1927 |
Act 44 of 1950 |
Suppression of Communism Act, 1950 |
Act 3 of 1953 |
Public Safety Act, 1953 |
Act 8 of 1953 |
Criminal Law Amendment Act, 1953 |
Act 17 of 1956 |
Riotous Assemblies Act, 1956 |
Act 76 of 1962 |
General Law Amendment Act, 1962 |
Act 37 of 1963 |
General Law Amendment Act 1963 |
Act 62 of 1966 |
General Law Amendment Act, 1966 |
Act 83 of 1967 |
Terrorism Act, 1967 |
Act 94 of 1974 |
Second General Law Amendment Act, 1974 |
Act 74 of 1982 |
Internal Security Act, 1982 |
SCHEDULE 2
APPLICATION
FORM FOR PENSION (UNDER SPECIAL PENSIONS ACT, 1996)
[NOT
REPRODUCED HERE]
SCHEDULE 3
PENSIONS
PAYABLE IN TERMS OF SUBSECTION (6) OF SECTION 1
AGE CATEGORY IN YEARS |
ANNUAL PENSION AMOUNT IN RANDS |
35 but younger than 45 |
6 000 PLUS 1 200 for each year of service exceeding
5 years but less than or equal to 20 years with maximum amount of 24 000 |
45 but younger than 65 |
12 000 PLUS 1 200 for each year of$ service
exceeding 5 years but less than or equal to 20 years, with maximum amount of
30 000 |
65 and older |
24 000 PLUS 1 200 for each year of service exceeding
5 years with maximum amount of 42 000. Where years of service exceed 25
years, a fixed amount of 84 000 |
FOOTNOTES:
1. Words
that appear in italics in the text of the Act have been specially defined in
section 31. The definitions section begins on page 24.
2.
"Political organisation" has a special meaning set out in the
"definitions section" (section 31). It means an association with
either a political or military purpose, which may or may not have been
incorporated, and which-
(i) existed
for at least five years prior to 2 February 1990;
(ii) had a
permanent governing and executive structure; and
(iii) before
2 February 1990, was restricted in terms of any law or was declared to be
unlawful in terms of any law.
3. Schedule
1 of this Act lists the offences that are relevant for this section. It should
not be confused with Schedule 1 of the Criminal Procedure Act, 1977, which is
also referred to in this section. The last-mentioned Schedule contains a very
different list of crimes.
4. Section
24(4) gives the Board the power to apply on behalf of an applicant for a
"presumption of death order" in cases where no such order has
previously been made.
5. A person
commits this crime by unlawfully and intentionally taking on the authority
which belongs only to the President or government and performs acts which
undermine the supreme power of the State.