Sewpersadh v Minister of Finance and Another

The appellant, Mr Rajan Ramnath Sewpersadh, was an underground operative of the African National Congress (ANC) and Umkhonto WeSizwe (MK) prior to 2 February 1990. For more than five years he performed clandestine political and military support activities, including courier work, reconnaissance, distributing materials, and servicing safe houses. During this period he held menial employment at a jewellery workshop as a cover for his underground activities, earning minimal income and without the ability to provide for a pension. In December 2006, shortly before Part 1 of the Special Pensions Act 69 of 1996 lapsed, he applied for a special pension. The designated institution (National Treasury) rejected the application in 2009 on the basis that his employment meant he was not in 'full-time service' of a political organisation. Internal appeals to the Special Pensions Appeal Board were dismissed on similar grounds. Review proceedings in the Gauteng Division of the High Court were unsuccessful, leading to an appeal to the Supreme Court of Appeal.

The appeal was upheld with costs, including the costs of two counsel. The order of the High Court was set aside. The decision of the Special Pensions Appeal Board dated 16 October 2013 was set aside and replaced with an order awarding the appellant a special pension under section 1(1) of the Special Pensions Act, payable monthly with effect from 1 June 1995.

The case provides authoritative guidance on the interpretation of 'full-time service' under the Special Pensions Act, recognising the realities of underground political activity during apartheid. It affirms a purposive and contextual approach to transitional justice legislation and clarifies that nominal or cover employment does not disqualify applicants from special pensions. The judgment also reinforces procedural principles that a party relying on a statutory time bar must properly plead and prove it.