1/15/2023 0 Comments Stackable flexiglass display![]() Ii What was the effect of a full presidential pardon on a person whose special pension was disqualified?ġ. ![]() I Whether an individual who made sacrifices or served the public interest in the cause of establishing a democratic constitutional order was entitled to the restoration of his special pension if he was previously disqualified as a result of being convicted of an offence but then fully pardoned. Aggrieved by the decision, the applicant applied for leave to appeal to the Constitutional Court. The Supreme Court of Appeal held that the changes to the Act through section 6A – which provided that any person who applied for a benefit in terms of the Act had to do so before Decem– meant that when the applicant was pardoned, the part of the Act in terms of which special pensions could be paid had already lapsed, therefore the applicant could not lodge a new application. The Supreme Court of Appeal upheld the appeal, holding that a person convicted of a listed offence was disqualified from receiving a special pension in terms of the Act. Following that, the respondents were granted leave to appeal to the Supreme Court of Appeal. The High Court upheld the application finding that the applicant was entitled to receive his special pension, with effect from July 21, 2011, being the date of the presidential pardon. That prompted the applicant to approach the High Court again. ![]() ![]() In October 2016, the Board concluded that it was not empowered to decide on a matter relating to the interpretation of law and that the issue of the effect of expungement should be determined by a court. The applicant successfully approached the High Court of South Africa, Gauteng Division, Pretoria (High Court), which ordered the respondents to make a decision about the reinstatement of his pension. The Board stated that the disqualification occurred as a result of the provisions of the Act, therefore the GPAA could not make a decision, and accordingly there could be no appeal. The applicant appealed to the Special Pensions Appeal Board (Board), the 1 st respondent, to set aside the decision. It informed the applicant that his disqualification had occurred before his pardon and pardons did not operate retrospectively. In 2015, the GPAA refused to reinstate his special pension. The applicant approached the 2 nd respondent, the Government Pensions Administration Agency (GPAA) and requested that his special pension be reinstated as the pardon had eliminated the grounds for his disqualification. The presidential pardon was granted on July 21, 2011, expunging the conviction from his record. A few years after his conviction, the applicant applied for a presidential pardon in terms of section 84(2)(j) of the Constitution of the Republic of South Africa (the Constitution), in respect of his conviction of fraud. ![]() In terms of the Act, the conviction disqualified him from continuing to receive his special pension which was then terminated on April 7, 2008. On Apthe applicant was convicted of several counts of fraud. As a result of his service, he applied for a special pension in terms of the Special Pensions Act 69 of 1996 (the Act), which was awarded on December 10, 1997. The applicant was actively engaged in the liberation struggle and contributed towards the establishment of the constitutional democracy. Constitutional Law - democratic constitutional order – persons who made sacrifices or served the public interest in the cause of establishing a democratic constitutional order – right to a special pension-where a person entitled to a special pension was convicted of fraud and it disqualified him from continuing to receive his special pension -where the person received a presidential pardon and applied for revival of his special pension- whether an individual who made sacrifices or served the public interest in the cause of establishing a democratic constitutional order was entitled to the restoration of his special pension if he was previously disqualified as a result of being convicted of an offence but then fully pardoned- Constitution of the Republic of South Africa, 1996, section 84(2)(j) Special Pensions Act, 1996, section 1(8)(b),6AĬonstitutional Law – the presidency- powers and functions of president- presidential pardon- where a person entitled to a special pension was given a full presidential pardon- what was the effect of a full presidential pardon on a person whose special pension was disqualified- Constitution of the Republic of South Africa, 1996, section 84(2)(j) ![]()
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