Poor Transnet pensioners should know by the end of February what is the latest developments in their estimated R80 billion-rand claim against the company.
Paul Myburgh, Registrar of the Supreme Court of Appeal in Bloemfontein, confirmed to the United National Transport Union (UNTU), that the legal team of the pensioners applied for special leave to appeal to the Chief Justice of the Supreme Court.
This application was done in terms of Art.17 (2) (f) of the Superior Courts Act of 2013. The Act gives the pensioners the chance to appeal to the Chief Justice to review their application for leave to appeal on special grounds. This comes after two Supreme Court Judges have already considered and denied the pensioners leave to appeal.
Myburgh says the Transnet Pension Fund and the Transnet Second Defined Benefit Fund has until 13 February 2017 to oppose the pensioner’s latest application. If the Chief Justice find in favour of the pensioners, the Supreme Court of Appeal will determine a date for the appeal to be heard.
If the application is once again denied, the pensioners last resort would be to approach the Constitutional Court.
Even if the Constitutional Court rules against the pensioners, it will have no bearing on the actual claim for pension increases that keeps track with the expected inflation growth. The only effect will be that the Particulars of the Claim filled in 2013 must be amended in relation to the promise that was made to them by the Minister of Transport and the allegations of unfair labour practise.
The pensioners case against the two funds and Transnet currently rests on three claims:
– That the funds increase the pension benefits by at least 70 per cent of the rate of inflation with effect from 2003;
– That Transnet pay a R17.1 billion plus interest ‘legacy debt’ to the funds;
– That the court render unlawful and invalid an undertaking by trustees of the Transport Fund to donate 40 per cent of its members’ surplus to Transnet.
The pensioners allege that the donation is unlawful and want Transnet to pay R309 million plus interest.
Transnet and the funds objected to all the demands.
Since the class action, considered to be the largest in South Africa’s history, started in April 2013, thousands of the estimated 60 000 effected pensioners have passed away.
Issued on behalf of UNTU by Sonja Carstens, Communication, Media and Liaison Officer.
