A legal analysis of the distribution and payment of special pensions under the South African Special Pensions Act

Abstract

The South African government has paid compensation in the form of special pensions to individuals who have been exposed to certain types of hardship and suffering caused by the apartheid government. This compensation is described as the appreciation or sense of guilt of society towards those people on whom the government has rightfully or wrongfully and at any rate disproportionally inflicted damage. The government has been prepared to pay compensation to the following persons: former enemies; victims of war; victims of harmful compulsory vaccination measures; persons who had sacrificed their jobs and education in the process of overturning oppressive governments establishing democratic government; and persons whose basic human rights had been violated by governments or their predecessors. These persons have sacrificed their lives either in exile or within South Africa fighting for democracy in South Africa. These persons must prove that they served their respective political organisations for a period of 5 years or more or that they were banished or restricted in a certain area, or imprisoned, or sentenced. This article considers the provision of special pensions in South Africa. Using special pension fund legislation, this article analyses the scope of coverage of the special pension fund system, and the beneficiaries entitled to compensation under the Act. The article acknowledges the role played by the government of South Africa in looking after the families of the war dead while making benefits generally available to veterans, and their families. In its conclusion, the article argues that other measures aimed at the integration of war veterans in the labour market need to be explored. © 2011 Macmillan Publishers Ltd.