Payout for MK vet

Wins 13-year court fight for special pension

RAJAN Ramnath Sewpersadh, 60, fought for the liberation of South Africa. And, for the past 13 years, he has fought for a special pension.

Last week, Sewpersadh won his battle when the Supreme Court of Appeal sitting in Bloemfontein, ruled that he was entitled to a special pension.

A special pension, which came into effect in December 1994, is granted to those who made substantial sacrifices, personal and financial, during apartheid.

In terms of the court ruling, Sewpersadh’s pension would be backdated to June 1, 1995.

The court also ordered the Minister of Finance and the Special Pensions Appeal Board to pay Sewpersadh’s legal costs.

Sewpersadh, an Umkhonto we Sizwe (MK) veteran and an undercover agent for the ANC, said he was relieved.

“There is no denying this was a stressful period, having to go through so many appeals, but it was worth it in the end.”

He described himself as an “eternal optimist”, and said the injustices of the past had given him the strength to pursue this “fight for justice”.

Sewpersadh declined to speak about his time as an MK cadre and undercover agent, saying that he led a private life.

However, some of Sewpersadh’s work was outlined during the legal challenge.

It emerged that he operated under the alias, “Jimmy”. He performed underground work for more than five years before the ANC’s unbanning on February 2, 1990.

Sewpersadh said he underwent intense political education and attended night classes.

He was then given covert tasks. This included servicing dead letterboxes (which served as a means to exchange information), distributing ANC and MK newsletters and pamphlets, and undertaking secret reconnaissance work.

Acting as a courier, he also took banned literature and other ANC material to and from Swaziland, and serviced “safe houses” protecting cadres engaged in political and military activities.

As a cover, he took up menial employment at a jewellery workshop in Durban. He told the court it was not demanding of his time but paid a pittance. It also provided a safe environment to conduct activities on behalf of the ANC and MK.

Sewpersadh also used words or phrases associated with the jewellery industry as a code to pass on secret messages.

In the court papers, he said he “stole time” from his employer to carry out undercover operations and the workshop was “a front for the activities of the ANC and MK”.

The money Sewpersadh earned helped support him and his family. However, he was unable to save for a pension. In 2006, after struggling to pay the bills, he applied for a special pension.

The ANC and MK acknowledged Sewpersadh’s role. What was in dispute was whether or not he worked full-time for them.

Things did not go Sewpersadh’s way until the matter came before Judge Lorimer Leach in the Supreme Court of Appeal. He described Sewpersadh as a determined person and one who refused to give up despite repeated rejection.

Judge Leach found that the courts “misdirected” themselves in concluding that Sewpersadh had not shown that his activities prevented him from providing for a pension.

He said the Appeal Board made the “cardinal mistake” of deciding that Sewpersadh’s employment precluded him from receiving a pension for which he was otherwise entitled.

“Its approach in construing both the facts and the (Special Pensions) act was clearly wrong. Its conclusion that the appellant (Sewpersadh) did not qualify for a pension, therefore, plainly cannot stand.

“The court clearly erred in not reviewing the Appeal Board’s decision and granting the appellant relief. This appeal must, therefore, succeed.”

Judge Leach said that in placing a restrictive interpretation to the act, the Special Appeal Board lost sight of the reality of those engaged in the Struggle.

He added there was no purpose in referring the matter back to the Special Appeal Board as Sewpersadh was entitled to his special pension.

“Years have passed since the appellant applied for his pension, and it seems to be unjust to delay the matter any further.”

Sewpersadh praised his attorney, Viren Singh, for persevering.

Singh said he was pleased with the end result even though it had taken several applications and many years.