ANC stalwart, 92, wins eight-year fight for pension reinstatement

FREEDOM fighter-turned fraudster Nathaniel Mashilo Masemola’s eightyear legal battle for the reinstatement of his special pension ended in victory yesterday after the Constitutional Court ruled that he be granted his retirement benefit.

The 92-year-old ANC stalwart had his special pension effectively cancelled 11 years ago due to his 2001 fraud conviction. He was, however, granted a full presidential pardon by former president Jacob Zuma eight years ago, which effectively saw his criminal record being expunged from police records.

The special pension, issued by the Government Pensions Administration Agency (GPAA), is meant for individuals who made sacrifices in the fight for the country’s liberation and democratic dispensation.

Delivering the unanimous ruling of the apex court, Justice Nonkosi Mhlantla said the GPAA and the Special Pensions Appeal Board (Spab) had been wrong in refusing to restore Masemola’s pension, as the criminal conviction which led to his pension being stopped no longer existed.

“The wording of the presidential pardon received by the applicant meant he was, for all intents and purposes, legally to be treated as a person who had not been convicted of the offence with effect from 2011. Therefore the applicant was from the date of the pardon no longer affected by any legal disqualification as a result of his conviction,” Mhlantla said.

Justice Mhlantla insisted Masemola’s disqualification as a result of his criminal conviction did not take away his right to a pension benefit, but that he was not allowed to receive the special pension in terms of the Special Pensions Act. She said there was no need for Masemola to make a new application as the GPAA had established his eligibility for the special pension when he first applied.

The court previously heard how the struggle veteran was in poor health, having undergone multiple operations for blocked spinal nerves, heart surgery and prostate cancer.

The GPAA and Spab have been ordered to restore Masemola’s special pension within 14 days from July 21, 2011, which was the date he received the pardon from Zuma. They have also been ordered to pay the costs.