NO. 69 OF 1996: SPECIAL PENSIONS ACT, 1996
 
 
 PRESIDENT'S OFFICE
 
 No. 1815.
 8 November 1996
 
 NO. 69 OF 1996: SPECIAL PENSIONS ACT, 1996
 
 It is hereby notified that the President has assented to the following Act
 which is hereby published for general information:-
 
 
 ACT
 
 
 To give effect to section 189 of the Constitution; to provide for special
  pensions to be paid to persons who made sacrifices or served the public
 interest in the cause of establishing a democratic constitutional order; to
 prescribe rules for determining the persons who are entitled to receive those
 pensions; to establish a Special Pensions Board and a Special Pensions Review
 Board; and to provide for related matters.
 
 PLEASE NOTE!
 FOOTNOTES ARE AT THE END OF THE TEXT
 
 TABLE OF CONTENTS
 
 SECTION CONTENTS
 
 PART 1
 
 BENEFITS
 
 1. Right to pension
 2. Right to a survivor's benefit
 3. Payment to survivor on death of pensioner
 4. One benefit only to be awarded
 5. Allocation of survivor's benefit
 6. Applications for benefits
 7. Determination by Board
 8. Right of appeal against Board's decision
 9. Payment of benefits
 10. Payments to other public pension funds
 11. Optional early pensions
 12. Increases in pension amounts
 13. Pensions cannot be assigned or attached
 14.  Qualification for other benefits
 
 PART 2
 
 SPECIAL PENSIONS BOARD
 
 15. Establishment of Board
 16. Appointment of members
 17. Remuneration of members
 18. Conduct of members
 19. Board to be unfettered
 20. Board business
 21. Staff and contractors
 22. Chief Executive Officer
 23. Board finances
 24. Duties and powers of Board
 25.  Board investigations
 26. Legal proceedings against Board
 27. Dissolution of Board
 28. Review Board
 
 PART 3
 
 GENERAL PROVISIONS
 
 29. Minister's powers
 30. Offences
 31. Definitions
 32. Short title and commencement
 
 SCHEDULES
 
 Schedule 1 CRIMES AND LIST OF ACTS
 
 Schedule 2 APPLICATION FORM FOR PENSIONS
 
 Schedule 3 PENSION BENEFITS
 
 PREAMBLE
 
 Section 189 of the Constitution requires that an Act of Parliament shall
 provide for the payment of pensions to-
 
 persons who, in the establishment of a democratic constitutional order, made
 sacrifices or served the public interest; and
 the dependants of those persons.
 
 The Constitution further requires that an Act of Parliament shall prescribe-
 
 the qualifications of persons entitled to receive those pensions;
 the conditions on which those pensions may be granted; and
 the basis for determining the amount of those pensions.
 
 (Afrikaans text signed by the President.)
 
  (Assented to 30 October 1996.)
 
 In order to give effect to the abovementioned provisions of the Constitution,
 the Parliament of the Republic of South Africa, enacts as follows:-
 
 PART 1 - BENEFITS
 
  Right to pension
 
 1. (1) A person who made sacrifices or served the public interest in
 establishing a non-racial, democratic constitutional order and who is a
 citizen, or entitled to be a citizen, of the Republic(1) of South Africa, has
 the right to a pension in terms of this Act if that person-
 
 (a) was at least 35 years of age on the commencement date; and
 
 (b) was prevented from providing for a pension because, for a total or
 combined period of at least five years prior to 2 February 1990, one or
 more of the following circumstances applied:
 
 (i) That person was engaged full-time in the service of a political
 organisation.(2)
 
 (ii) That person was prevented from leaving a particular place or area
 within the Republic, or from being at a particular place or in a
 particular area within the Republic, as a result of an order issued
 in terms of a law mentioned in Schedule 1(3) of this Act.
 
 (iii) That person was imprisoned or detained in terms of any law or for
 any crime mentioned in Schedule 1 of this Act, or that person was
 imprisoned for any offence committed with a political objective.
 
 (2) In determining whether a person committed an offence with a political
 objective as contemplated in subsection (1)(b)(iii), the Board must consider
 the following factors:
 
 (a) The person's motive in committing the offence;
 
  (b) the context within which the offence was committed and, in particular,
 whether the offence was committed in the course of a political uprising
 or political event;
 
 (c) the nature and gravity of the offence;
 
 (d) the effect of the commission of the offence on a political opponent,
 State property, State personnel, private property or individuals;
 
 (e) whether the offence was committed as part of a programme, or with the
 approval of an organisation which promoted a non-racial democratic
 constitutional order:
 
 (f) the relationship, proximity and proportionality of the offence and the
 political objective pursued in its commission; and
 
 (g) whether the offence was committed without-
 
 (i) personal gain; or
 
 (ii) personal malice.
 
 (3) A person who made sacrifices or served the public interest in
 establishing a non-racial democratic constitutional order and who is a citizen,
 or entitled to be a citizen, of the Republic, has a right to a pension in terms
 of this Act if that person was prevented from providing for a pension because,
 prior to 2 February 1990, that person suffered a permanent and total disability
 arising out of any of the circumstances listed in subsection (1)(b)(i) or
 (iii).
 
 (4) A pensioner who qualifies for a benefit in terms of subsection (1) is
 entitled to receive a pension, payable monthly, commencing on the first day of
 the month during which that person attains the age of 60.
 
 (5) A pensioner who qualifies for a benefit in terms of subsection (3) is
 entitled to receive a pension, payable monthly, commencing with effect from 1
 April 1995.
 
 (6) For each pensioner, the Board must determine the amount of the monthly
 pension in accordance with the table in Schedule 3.
 
 (7) For the purpose of applying the table in Schedule 3, the Board must
 determine each pensioner's qualifying period as follows:
 
 (a) For persons entitled to a pension in terms of subsection (1), the
 qualifying period is the total length of time prior to 2 February 1990
 that the pensioner spent in the circumstances listed in that subsection
 
 (b) For disabled persons entitled to a pension in terms of subsection (3),
 the qualifying period is-
 
 (i) the total or combined length of time, if any, that the pensioner
 spent prior to being disabled in any of the circumstances listed in
 subsection (1)(b); plus
 
 (ii) the length of time between the date that the pensioner became
 disabled and 2 February 1990; or
 
 (iii) a period of five years,
 
 whichever is the longer.
 
 (8) A person referred to in this section is disqualified from receiving or
 continuing to receive a pension if, after making the sacrifice or serving the
 public interest as referred to, that person-
 
 (a) either actively engaged in actions calculated to undermine efforts to
 establish a nonracial democratic constitutional order;
 
 (b) or was convicted of a crime committed after 2 February 1990.
 
 (9) For the purposes of subsection (8)(b), "crime" means-
 
 (a) at any time between 2 February 1990 and 1 May 1994, an offence mentioned
 in Schedule 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977),
 other than treason and sedition; and
 
 (b) at any time after 30 April 1994, an offence mentioned in Schedule 1 of
 the Criminal Procedure Act, 1977 (Act No. 51 of 1977).
 
 Right to survivor's lump sum benefit
 
 2. (1)A person has the right to a survivor's lump sum benefit in terms of
 this
 Act if that person is a surviving spouse, or if there is no surviving spouse,
 the surviving dependant, of a person who-
 
 (a) made sacrifices or served the public interest in establishing a
 non-racial democratic constitutional order;
 
 (b) was a citizen, or entitled to be a citizen, of the Republic;
 
 (c) is not disqualified in terms of section 1(8); and
 
 (d) (i) either has died but, had he or she survived, would have qualified in
 terms of section 1, based on the circumstances at the time of death;
 
 (ii) or died prior to 2 February 1990 while he or she was imprisoned or
 detained for any crime or in terms of any law mentioned in Schedule
 1 of this Act;
 
 (iii) or died prior to 2 February 1990 while he or she was actively
 engaged in, and from causes arising out of, full-time service to a
 political organisation;
 
 (iv) or disappeared prior to 2 February 1990 while he or she was
 actively engaged in efforts attempting to establish a non-racial
 democratic constitutional order, and has been presumed in law to be
 dead(4).
 
 (2) (a) The surviving spouse or dependant of a deceased person who would
 have been a qualifying pensioner had that person survived, is entitled to
 receive a single lump sum amount equal to twice the annual pension that would
 have been payable to that person had he or she survived until the commencement
  date.
 
 (b) The surviving spouse or dependant of a deceased or missing person
 referred to in subsection (1)(d)(ii), (iii) or (iv) is entitled to receive a
 single lump sum equal to twice the annual pension that would have been payable
 to a pensioner whose qualifying period equalled-
 
 (i) the total or combined length of time that the deceased or missing
 person spent prior to 2 February 1990 in any of the circumstances
 listed in section 1(1)(b); plus
 
 (ii) the length of time between the date that the deceased or missing
 person died or disappeared and 2 February 1990; or
 
 (iii) a period of five years,
 
 whichever is the longer.
 
 (3) A person referred to in this section who would be eligible for a
 survivor's benefit is disqualified from receiving that benefit if that person-
 
 (a) either actively engaged in actions calculated to undermine efforts to
 establish a non-racial democratic constitutional order;
 
 (b) or has been convicted of a crime committed after 2 February 1990.
 
 (4) For the purposes of subsection (3), "crime" means-
 
 (a) at any time between 2 February 1990 and 1 May 1994, an offence mentioned
 in Schedule 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977),
 other than treason and sedition; and
 
 (b) at any time after 30 April 1994, an offence mentioned in Schedule 1 of
 the Criminal Procedure Act, 1977 (Act No. 51 of 1977).
 
 Payment to survivor on death of pensioner
 
 3. (1) Upon the death of a pensioner referred to in section 1 whose monthly
 pension payments have already begun, a surviving spouse or, if there is no
 surviving spouse, a surviving dependant of that pensioner, is entitled to
 receive a lump sum payment equal to twice the annual amount that was payable to
 that pensioner immediately before the date of death.
 
 (2) Upon the death of a person not yet 60 years of age, who has been granted
 a pension which has not commenced, a surviving spouse or, if there is no
 surviving spouse, a surviving dependant of that pensioner is entitled to
 receive a lump sum payment equal to twice the annual amount that would have
 been payable to that pensioner if he or she had been 60 years of age
 immediately before the date of death.
 
 One benefit only to be granted
 
 4. A person who qualifies for a benefit under both section 1 and section 2,
 or for more than one benefit under section 2 or 3-
 
 (a) must be granted the benefit that is most advantageous to that person;
 and
 
 (b) may not be granted any other benefit under either section 1 or 2.
 
 Allocation of survivor's benefit
 
 5. (1) If a deceased person is survived by more than one spouse, each of
 whom qualifies for a survivors benefit in terms of this Act, the Board must
 determine the proportion of the survivor's benefit that is to be paid to each
 qualifying spouse; but the total benefits for all the surviving spouses must
 not exceed the benefit that would have been payable had there been only one
 surviving spouse.
 
 (2) If a deceased person is not survived by a spouse, but is survived by
 more than one dependant, each of whom qualifies for a survivor's benefit in
 terms of this Act, the Board must determine the proportion of the survivors
 benefit that is to be paid to each qualifying dependant but the total benefits
 for all the surviving dependants must not exceed the amount of the benefit
 that would have been payable had there been only one surviving dependant.
 
 Applications for benefits
 
 6. (1) Any person who applies for a benefit in terms of this Act must-
 
 (a) complete an application form as set out in Schedule 2;
 
 (b) have a Commissioner of Oaths certify on the application form that the
 applicant swore or affirmed that the information contained in that form
 is correct; and
 
 (c) submit the application form to the Board on or before the closing date.
 
 (2) If a person who would qualify for a benefit is permanently or
 temporarily disabled and therefore unable to apply in terms of subsection (1)
 personally, any person acting on behalf of that disabled person, may submit a
 curator's application in the prescribed form to the Board.
 
 Determination by Board
 
 7. The Board must-
 
 (a) consider applications for benefits submitted to it in terms of this Act;
 
 (b) determine whether an applicant referred to in section 1 qualifies as a
 pensioner;
 
  (c) determine whether an applicant referred to in section 2 or section 4
 qualifies for a survivor's benefit;
 
 (d) with respect to an applicant who qualifies for more than one benefit in
 terms of section 2, determine which entitlement is most advantageous to
 that applicant;
 
 (e) with respect to an applicant who qualifies for both a pension, in terms
 of section 1, and a survivor's benefit, in terms of section 2, determine
 which entitlement is most advantageous to that applicant by comparing-
 
 (i) the actuarial value, at the date of the application, of the monthly
 pension to which that person is entitled; and
 
 (ii) the value of the survivors lump sum payment to which that person is
 entitled;
 
 (f) determine the benefit payable to each beneficiary;
 
 (g) report its findings to the Minister and to the applicant; and
 
 (h) inform the applicant in plain language of the right to appeal against
 the Board's decision, and include in that advice the form prescribed in
 Schedule 2 for requesting a review of the decision.
 
 Right to appeal against Board's decision
 
 8. Any applicant who disagrees with any decision of the Board may request a
 review of that decision by sending a written notice in the form prescribed in
 Schedule 2 to the Review Board within 60 days of the date of the decision. The
 Review Board has the discretion to condone late applications.
 
 Payment of benefits
 
  9. (1) The Minister must pay any pension, payable in terms of this Act, on
 the first day of the month in which the pensioner is entitled to that payment,
 commencing in the month in which the pensioner is first entitled to a payment.
 
 (2) When the first monthly payment is made to a disabled pensioner in terms
 of section 1(5) the Minister must include a lump sum covering all the pension
 payments due to that person from 1 April 1995 to the date of that first
 payment.
 
 (3) When the first monthly payment is made to a pensioner in terms of
 subsection 1(4), the Minister must include therein a lump sum covering all the
 pension payments due to that pensioner from either 1 April 1995, or the
 pensioner's 60th birthday, whichever is the later, to the date of that first
 payment.
 
 (4) The monthly payments payable to a pensioner must cease immediately upon
 the death of the pensioner.
 
 (5) The Minister must pay any survivor's lump sum benefit payable in terms
 of this Act to the beneficiary within 90 days of the date on which the Board
 notifies the Minister that a benefit is payable to that beneficiary.
 
 (6) If a survivors benefit is payable to a person who is either under the
 age of 21, or mentally incapacitated-
 
 (a) the Master of the Supreme Court must appoint an appropriate person to
 administer that benefit on behalf of the beneficiary; and
 
 (b) the Board, on behalf of the applicant, must take the necessary steps to
 obtain the required order from the Master of the Supreme Court.
 
 (7) Despite subsections (2) and (3), a beneficiary may not receive any
 pension payment or lump sum benefit while holding office as a member of any
 legislature mentioned in the Constitution, but may begin to receive a pension
 on-
 
 (a) either that beneficiary's 60th birthday;
 
 (b) or the date that beneficiary's office as a member of any legislature
 terminates,
 
 whichever is the later.
 
 Payments to other public pension funds
 
 10. (1) A benefit otherwise payable to a beneficiary but which, because of
 section 9(7) cannot be paid to that beneficiary, must be paid into a special
 fund to be established for public representatives' pensions by the Minister by
 regulation. The amount in such a fund may, together with accrued interest and
 bonuses declared in respect of that fund, be invested and reinvested.
 
 (2) The value of a special fund created in terms of subsection (1) accrues
 to the relevant beneficiary upon termination of office as a member of any
 legislature mentioned in the Constitution, and must be paid to that beneficiary
 in terms of the rules of that fund.
 
 Optional early pensions
 
 11. A pensioner who is at least 50 years of age has the right to begin to
 receive the monthly pension at any time. A pensioner who wishes to exercise
 this right must send the prescribed notice to the Minister at least 60 days
 before the date on which pension payments are to begin. The amount of the
 monthly pension for that pensioner must be reduced by an amount equal to-
 
 (a) 3% of the monthly pension that would be payable if that pensioner were
 aged 60 at that time; multiplied by
 
 (b) the number of complete calendar years between the date of the first
 monthly payment and the date of that pensioner's 60th birthday.
 
 Increases in pension amounts
 
 12. At any time the Minister may increase the pensions payable to
 pensioners on any basis that the Minister considers appropriate. An increase
 in terms of this section must apply to every person-
 
 (a) who is receiving a pension at that date;
 
 (b) in respect of whom a determination is made that he or she is entitled to
 a pension that will commence after that date; and
 
 (c) in respect of whom a determination is subsequently made that he or she
 is entitled to a pension.
 
 Pensions cannot be assigned or attached
 
 13. (1) A pension, or a right in respect of a pension, payable in terms of
 this Act cannot be assigned, transferred, pledged, hypothecated or otherwise
 ceded, is not liable to be attached and is not subject to any form of execution
 under a judgment or an order of any court of law.
 
 (2) If a beneficiary, or a person acting under the lawful authority of a
 beneficiary, attempts to assign, transfer, pledge, hypothecate or otherwise
 cede any pension payable in terms of this Act, the Minister may direct that the
 pension concerned must be withheld, suspended or discontinued.
 
 (3) The Minister must give notice in plain language of the provisions of
 this section to every pensioner when the first monthly payment is made th that
 pensioner.
 
 Qualification for other benefits
 
 14. (1) In addition to any benefits granted in terms of this Act, a
 beneficiary who qualifies as contemplated in section 1 or 2 may apply for, and
 if qualified, may receive payments also in terms of either or both-
 
 (a) the Social Pension Act, 1973;
 
 (b) the Military Pension Act, 1973.
 
 (2) Benefits received or to be received in terms of this Act must not be
 considered for the purposes of administering any income or asset test in terms
 of either of the Acts referred to in subsection (1).
 
 (3) Benefits received in terms of this Act are taxable.
 
 PART 2 - SPECIAL PENSIONS BOARD
 
 Establishment of Board
 
 15. There is hereby established a Special Pensions Board which is
 accountable to the Minister, and which consists of a Chairperson and four other
 members.
 
 Appointment of members
 
 16. (1) The Minister, in consultation with the President, must from persons
 nominated in accordance with subsection (2) appoint appropriate persons to be
 either full-time or part-time members of the Board, and must fill any vacancies
 on the Board as they arise by appointing from the persons so nominated,
 appropriate persons.
 
 (2) The Minister shall for the purposes of nominating the persons referred
 to in subsection (1), establish a committee consisting of such number of
 members of Parliament as may be determined by him or her, and such members
 shall be appointed in such a manner that all political parties represented in
 Parliament are represented proportionately in such committee: Provided that in
 respect of each such party at least one member shall be appointed on such
 committee.
 
 (3) A vacancy on the Board occurs when a member dies, when a member's
 resignation takes effect or when a member's appointment is terminated by the
 Minister in accordance with the regulations.
 
 (4) A vacancy on the Board must be filled in accordance with subsection (1),
 as soon as practicable. In the meantime, the Boards proceedings and decisions
 continue to be valid.
 
 Remuneration of members
 
 17. (1) The Minister may determine the salaries, allowances and other
 conditions of service of any members of the Board who are not in the service of
 the State. The salaries, allowances and conditions of service of those members
 may not be reduced or be rendered less favourable without their consent while
 they remain in office.
 
 (2) Members of the Board who are in the paid service of the State may not
 receive any additional remuneration for serving on the Board, but may have
 their additional expenses paid.
 
 Conduct of members
 
 18. (1) Board members are appointed in their individual capacity.
 Regardless of personal opinion or party affiliation, they must serve
 independently and impartially, and perform their functions in good faith,
 giving full effect to the spirit and the specific obligations stipulated in
 this Act.
 
 (2) Board members must give reasons for their decisions.
 
 (3) Board members must avoid personal interests which conflict with the
 interests of the Board.
 
 (4) If a member has a personal interest in any matter that might keep that
 member from performing the functions of the Board in a fair and unbiased
 manner, that member must disclose that interest in writing to the other members
 of the Board and may not participate in decisions regarding such matter.
 
 Board to be unfettered
 
 19. (1) No person or organ of state may fetter the discretion of the Board
 or any of its members.
 
 (2) Organs of state must assist the Board to perform its functions.
 
 Board business
 
 20. (1) The Chairperson must determine the time and place of Board
 meetings.
 
 (2) Subject to the regulations, the Board may establish its own rules of
 procedure for meetings of the Board.
 
 (3) The Board-
 
 (a) must develop a budget, and a written business plan by which it proposes
 to achieve its objectives;
 
  (b) within 21 days after being appointed, must submit its first budget and
 business plan to the Minister for approval; and
 
 (c) must prepare monthly written reports of its activities, and submit those
 reports to the Minister when the Minister requests them.
 
 Staff and contractors
 
 21. (1) The Board may-
 
 (a) ask the public service to second to the Board any skilled personnel the
 Board requires to achieve its objectives; and
 
 (b) conclude contracts in order to obtain the services of persons who have
 the requisite skills but are unavailable through secondment.
 
 (2) When the Minister dissolves the Board-
 
 (a) the secondment of all staff seconded to the Board will terminate; and
 
 (b) all contracts with persons for services in terms of subsection (1)(b)
 will expire, and neither the Board nor the State will be liable for any
 damages in respect of the expiration of those contracts.
 
 Chief Executive Officer
 
 22. (1) The Board must appoint a person who has been seconded to it in
 terms of subsection 21 (1) to be Chief Executive Officer, subject to any
 applicable law governing the seconded person's employment.
 
 (2) The Chief Executive Officer must assist the Board in performing its
 functions, and is accountable to the Minister in respect of the performance of
 any functions that the Board assigns to the Chief Executive Officer. The Chief
 Executive Officer is responsible for the management and administrative control
 of the affairs of the Board.
 
 (3) The Chief Executive Officer must perform the functions of his or her
 office impartially, subject to-
 
 (a) any part of any law relating to the public service, to the extent that
 the Board directs;
 
 (b) the Exchequer Act, 1975 (Act No. 66 of 1975); and
 
 (c) the Auditor-General Act, 1995 (Act No. 12 of 1995).
 
 Board finances
 
 23. (1) Benefits payable in terms of Part 1 of this Act must be paid from
 money appropriated by Parliament for that purpose.
 
 (2) The Boards funds consist of money appropriated by Parliament, which the
 Board may use only-
 
 (a) for the defrayal of expenditures relating to its functions or the
 functions of the Review Board; and
 
  (b) in accordance with the current statement of estimated expenditures
 prepared by the Board, and approved by the Minister, in terms of
 subsection (3).
 
 (3) (a) Each year, at a time that the Minister determines, the Board must
 submit a statement of its estimated expenditures, and of the estimated
 expenditures of the Review Board for the following financial year to the
 Minister for approval.
 
 (b) During a financial year, the Board may submit an adjusted statement of
 estimated expenditures for that year to the Minister for approval.
 
 (4) The Board may not incur expenditure that causes the total expenditure in
 that financial year to exceed the total approved expenditure for that financial
 year.
 
 (5) The Board must open and maintain an account in the name of the Board
 with a bank registered in the Republic, or with another financial institution
 approved by the Minister, and must-
 
 (a) deposit to that account any money that the Board receives; and
 
  (b) make any payment on behalf of the Board, or the Review Board, from the
 account.
 
 (6) The Chief Executive Officer-
 
 (a) is the accounting officer of the Board and is responsible for managing
 the Board's budget; and
 
 (b) subject to the Exchequer Act, 1975 (Act No. 66 of 1975), is accountable
 for all State money that the Board receives or pays, and must keep the
 records needed to comply with that Act.
 
 (7) The Auditor-General must audit the Boards financial records.
 
 (8) The financial year of the Board extends from 1 April each year to 31
 March of the following year.
 
 Duties and powers of Board
 
 24. (1) The Board must take appropriate steps to communicate in plain
 language to all persons who may have an interest-
 
 (a) the right to benefits in terms of this Act;
 
 (b) the qualifications for benefits;
 
 (c) the procedure to apply for benefits; and
 
 (d) any other information that may assist a person to apply for a benefit.
 
 (2) The Board may-
 
 (a) undertake or arrange for research relating to its objectives and
 functions; and
 
 (b) conduct any investigation that is required to perform its functions.
 
 (3) (a) If an applicant does not qualify for a benefit in terms of this Act,
 the Board must consider whether the Truth and Reconciliation Commission,
 established by section 2 of the Promotion of National Unity and Reconciliation
 Act, 1995 (Act No. 34 of 1995), or any other organ of the State, may be able
 to assist the applicant, and if so, the Board must-
 
 (i) forward the relevant application, together with the particulars that
 the Board has compiled relative to the application, to that organ of
 State; and
 
 (ii) advise the applicant that it has been done.
 
 (b) Any organ of state receiving an application forwarded by the Board in
 terms of this subsection must accept and process that application as if it had
 been submitted to it as an application in terms of, and in the form prescribed
 by, any applicable law.
 
 (4) If an applicant might qualify for a benefit in terms of section
 2(1)(d)(iv), but, at the time of application, no court of law has made an order
 presuming the missing person to be dead, the Board, on behalf of the applicant,
 must take the necessary steps to obtain the appropriate court order.
 
 Board investigations
 
 25. (1) The Board, by written notice, may require a person to appear before
 it, to answer questions, and to produce any article or document in or under
 that person's possession, custody or control that might be relevant to an
 investigation. The notice must-
 
 (a) be in the prescribed form; and
 
 (b) be served on the person concerned either by registered letter addressed
 to the person's last known address, or in the same manner that a summons
 is served on a witness to appear in a magistrate's court.
 
 (2) The Board may administer an oath to, or take an affirmation from, and
 then question-
 
 (a) a person who has been requested to appear under subsection (1); and
 
 (b) a person who could have been so requested and who is present at the
 place where the Board's investigation is held, whether or not that
 person was required to appear before the Board.
 
 (3) Any person questioned in terms of subsection (2) may refuse to answer
 any question if the answer could reveal that the person-
 
 (a) had committed an offence; or
 
 (b) had done or omitted to do anything that could expose that person to a
 claim for damages.
 
 (4) The Board may request any person or political organisation to provide to
 the Board any relevant information, including information relating to an
 applicant in terms of this Act.
 
 (5) Any person or political organisation from whom the Board has requested
 information in terms of subsection (4) must provide the Board with any relevant
 information at their disposal.
 
 Legal proceedings against Board
 
 26. (1) The State Liability Act, 1957 (Act No. 20 of 1957), applies, with
 the changes required by context, in respect of the Board, except that any
 reference in that Act to "the Minister of the department concerned" must be
 read as referring to the Chairperson of the Board.
 
 (2) Members of the Board, or of the Boards staff, and persons contracted by
 the Board, are not liable for any cause of action arising out of anything
 reflected in any report, finding, point of view or recommendation that they
 make or express in good faith to Parliament, or any other person in terms of
 the Constitution or this Act.
 
 (3) Members of the Board, or of the Boards staff, and persons contracted by
 the Board must not disclose any information revealed to them in the performance
 of their functions in terms of this Act, except as specifically required or
 permitted by this Act or any other law.
 
 Dissolution of Board
 
 27. (1) The Minister may dissolve the Board at any time after the Board has
 completed its activities, but not later than 2 years after the commencement
 date.
 
 (2) Upon dissolution of the Board-
 
 (a) the Pensions Administration of the Department of Finance is responsible
 for the performance for the administrative functions of the Board in
 terms of this Act; and
 
 (b) the Minister must assume responsibility for the discretionary functions
 of the Board in terms of this Act, but the Minister may delegate
 responsibility to the head of the said Pension Administration.
 
 Review Board
 
 28. (1) There is hereby established a Special Pensions Review Board,
 consisting of a judge of the Supreme Court as its Chairperson and two other
 members, one of whom must be an actuary.
 
 (2) The Minister must appoint the members of the Review Board, and fill any
 vacancies on the Review Board as they arise.
 
 (3) The Review Board must determine its own rules of procedure.
 
 (4) The Review Board must consider every appeal submitted to it and may
 confirm the decision of the Board or may replace it with another decision.
 
  (5) The provisions of sections 16, 17, 18, 19, 25 and 26 apply to the Review
 Board, with the changes required by context.
 
 PART 3-GENERAL PROVISIONS
 
 Minister's powers
 
 29. (1) The Minister may make regulations-
 
  (a) required to achieve the objects and purposes of this Act; or
 
 (b) regarding any matter required or permitted to be prescribed in terms of
 this Act.
 
 (2) The Minister may, by notice in the Government Gazette, amend or replace
 the amounts mentioned in Schedule 3, subject to the appropriation by Parliament
 of money required to finance any increases of such amounts.
 
 (3) Any power, function or duty conferred, assigned or imposed upon the
 Minister by this Act, may be delegated or assigned by the Minister, in writing,
 to any officer in the public service, but the delegation or assignment of such
 power, function or duty does not divest the Minister of that power, function or
 duty.
 
 Offences
 
 30. (1) A person or political organisation is guilty of an offence if that
 person or organisation-
 
 (a) prevents or obstructs the performance of any activity contemplated by
 this Act;
 
 (b) refuses, or without sufficient cause fails, to comply with an obligation
 imposed in terms of this Act; or
 
 (c) intentionally submits false or misleading information to the Board.
 
 (2) A person who intentionally fails to notify the Department of Finance of
 the-death of a person who was receiving benefits in terms of this Act, and as a
 result of that failure is benefited in any way, is guilty of an offence.
 
 (3) Except as is otherwise provided in subsection (4), a person or political
 organisation convicted of an offence in terms of subsection (1) is liable for a
 maximum fine of R5000.
 
 (4) A person or political organisation convicted of an offence in terms of
 subsection (1) in circumstances in which such person or organisation has
 benefited in any way, or who is convicted in terms of subsection (2), is liable
 to the same penalty as that applicable in respect of the crime of fraud.
 
 Definitions
 
 31. (1) In this Act, unless the context otherwise indicates-
 
  (i) "actuary" means a Fellow of the Institute of Actuaries of England or
 the Faculty of Actuaries in Scotland or the Society of Actuaries of
 America; (iv)
 
 (ii) "applicant" means a person who submits a completed application as
 contemplated in section 6; (ii)
 
 (iii) "application" means-
 
 (a) in respect of a person seeking benefits as a pensioner, a
 completed and sworn statement set out in form 1 of Schedule 2;
 
 (b) in respect of a person seeking a benefit as a spouse or
 dependant of a deceased person, a completed and sworn statement
 set out in form 2 prescribed in Schedule 2; (i)
 
 (iv) "beneficiary" means a person who in terms of a determination of the
 Board qualifies for a benefit; (v)
 
 (v) "benefit" means a sum of money payable in terms of Part 1; (xiii)
 
 (vi) "Board" means the Special Pensions Board, established by section
 15; (xvii)
 
 (vii) "closing date" means the date 12 months after the commencement
 date; (xx)
 
 (viii) "commencement date" means the date on which this Act comes into
  operation in terms of section 32(2); (vii)
 
 (ix) "Constitution" means the Constitution of the Republic of South
 Africa, 1993 (Act No. 200 of 1993); (ix)
 
 (x) "dependant" means an applicant who-
 
 (a) is the natural child or parent of a deceased person on whom the
 applicant financially depended for maintenance at the time the
 person died; and
 
 (b) at the application date is either not yet 21 years of age, or is
 unable to provide adequately for his or her maintenance; (iii)
 
 (xi) "Minister" means the Minister of Finance; (xii)
 
 (xii) "pension" means a right to the monthly payment of a pension
 determined in terms of section 1; (xiv)
 
 (xiii) "pensioner" means a person entitled to a pension; (xv)
 
 (xiv) "permanent and total disability" means any physical or mental
 condition that renders a person unable to provide adequately for his
  or her own maintenance; (vi)
 
 (xv) "political organisation" means an association of persons formed
 with either a political or military purpose, whether or not that
 association was incorporated, and which-
 
  (a) existed for at least five years prior to 2 February 1990;
 
 (b) had a permanent governing and executive structure; and
 
 (c) before 2 February 1990, was restricted in terms of any law or
 was declared to be unlawful in terms of any law; (xvi)
 
 (xvi) "public service" means a department referred to in Schedule 1 of
 the Public Service Act, 1994 (Proclamation No. 103 of 1994), or an
 organisational component referred to in Schedule 2 of the Public
 Service Act; (xxi)
 
 (xvii) "regulation" means a regulation made in terms of section 29(1);
 (xviii)
 
 (xviii) "Republic" means the national territory as referred to in
 section 1 of the Constitution; (xix)
 
 (xix) "Review Board" means the Special Pensions Review Board,
 established by section 28(1) of this Act; (x)
 
 (xx) "spouse" means an applicant who, at the date on which another
 person died or disappeared, was the partner of that person in a
 marriage relationship; (viii)
 
 (xxi) "survivor" means a spouse or dependant or a deceased person;
 (xiii)
 
 (xxii) "this Act" includes the section numbers, the Schedules and any
 regulations made in terms of section 29, but does not include the
 page headers, headings or footnotes; (xi)
 
 (xxiii) "2 February 1990" means, with respect to any person, 2 February
 1990, or the first date after 2 February 1990 on which that person
 was released from prison or detention in terms of any law mentioned
 in Schedule 1 of this Act, or from the terms of an order referred to
 in section 1(1)(b)(ii), or, in the case of a person who was engaged
 in the full-time service of a political organisation, the day on
 which that person was repatriated or indemnified, whichever was the
 earlier. (xxii)
 
 (2) In the application of the definition of-
 
 (a) "spouse" mentioned in subsection (1) "marriage relationship" means-
 
 (i) a marriage;
 
 (ii) a union contracted in accordance with customary law or which is
 recognised as marriage in accordance with the tenets of any
 religion;
 
 (iii) a continuous cohabitation in a homosexual or heterosexual
 partnership for a period of at least 5 years;
 
 (b) "political organisation" mentioned in that subsection, a particular
 political party may be recognised as such under one name only.
 
 Short title and commencement
 
 32. (1) This Act is called the Special Pensions Act, 1996.
 
 (2) This Act comes into operation on a date to be set by the President by
 proclamation in the Government Gazette.
 
 SCHEDULE 1
 
 CRIMES AND LIST OF ACTS
 
 (Section 1(1)(b)(iii))
 
 (1) The common law in respect of the crimes of treason, sedition and crimen
 laesae majestatis(5).
 
 (2) Any of the Acts mentioned in the following table:
 
 NO. AND YEAR OF ACT SHORT TITLE
 ----------------------------------------------------------------------
 Act 27 of 1914 Riotous Assemblies and Criminal Law Amendment
 Act, 1914
 
 Act 38 of 1927 Native Administration Act, 1927
 
 Act 44 of 1950 Suppression of Communism Act, 1950
 
 Act 3 of 1953 Public Safety Act, 1953
 
 Act 8 of 1953 Criminal Law Amendment Act, 1953
 
 Act 17 of 1956 Riotous Assemblies Act, 1956
 
 Act 76 of 1962 General Law Amendment Act, 1962
 
 Act 37 of 1963 General Law Amendment Act 1963
 
 Act 62 of 1966 General Law Amendment Act, 1966
 
 Act 83 of 1967 Terrorism Act, 1967
 
 Act 94 of 1974 Second General Law Amendment Act, 1974
 
 Act 74 of 1982 Internal Security Act, 1982
 
 SCHEDULE 2
 
 APPLICATION FORM FOR PENSION
 (UNDER SPECIAL PENSIONS ACT, 1996)
 
 [NOT REPRODUCED HERE]
 
 SCHEDULE 3
 
 PENSIONS PAYABLE IN TERMS OF SUBSECTION (6) OF SECTION 1
 
 AGE CATEGORY IN YEARS ANNUAL PENSION AMOUNT IN RANDS
 ----------------------------------------------------------------------------
 35 but younger than 45 6 000 PLUS 1 200 for each year of service
 exceeding 5 years but less than or equal
 to 20 years with maximum amount of 24 000
 
 45 but younger than 65 12 000 PLUS 1 200 for each year of$
 service exceeding 5 years but less than
 or equal to 20 years, with maximum amount
  of 30 000
 
 65 and older 24 000 PLUS 1 200 for each year of
 service exceeding 5 years with maximum
 amount of 42 000. Where years of service
 exceed 25 years, a fixed amount of 84 000
 
 FOOTNOTES:
 
 1. Words that appear in italics in the text of the Act have been specially
 defined in section 31. The definitions section begins on page 24.
 
 2. "Political organisation" has a special meaning set out in the
 "definitions section" (section 31). It means an association with either a
 political or military purpose, which may or may not have been incorporated, and
 which-
 
 (i) existed for at least five years prior to 2 February 1990;
 
 (ii) had a permanent governing and executive structure; and
 
 (iii) before 2 February 1990, was restricted in terms of any law or was
 declared to be unlawful in terms of any law.
 
 3. Schedule 1 of this Act lists the offences that are relevant for this
 section. It should not be confused with Schedule 1 of the Criminal Procedure
 Act, 1977, which is also referred to in this section. The last-mentioned
 Schedule contains a very different list of crimes.
 
 4. Section 24(4) gives the Board the power to apply on behalf of an
 applicant for a "presumption of death order" in cases where no such order has
 previously been made.
 
 5. A person commits this crime by unlawfully and intentionally taking on the
 authority which belongs only to the President or government and performs acts
 which undermine the supreme power of the State.