Special Pensions Appeal Board & Another v Masemola

Mr Masemola was a recipient of a special pension awarded under the Special Pensions Act 69 of 1996. He was subsequently disqualified from receiving the pension due to a conviction for fraud, as provided for in the Act. In 2011, after applying for relief, he received a Presidential Pardon in terms of section 84(2)(j) of the Constitution. He sought reinstatement of his special pension on the basis of the pardon. However, the statutory provision under which the special pension had been awarded had lapsed in 2006, prior to the granting of the pardon. The Gauteng Division of the High Court, Pretoria, ruled in his favour, prompting an appeal by the Special Pensions Appeal Board and the Government Pensions Administration Agency.

The appeal was upheld. The judgment of the Gauteng Division of the High Court, Pretoria, was set aside, and no order as to costs was made.

The case clarifies the legal effect of a Presidential Pardon in South African law, confirming that such a pardon does not revive lapsed statutory rights or negate statutory disqualifications where the enabling legislation is no longer in force. It reinforces the principle of legality in the administration of social security benefits and limits the scope of executive clemency in relation to statutory entitlements.