Although the new Ministers of Finance and Public Enterprises, Mr Nene and Pravin Gordhan, are faced with a difficult task, the FF Plus wants to draw their attention to a matter of urgent importance as seen from a human rights perspective.
The FF Plus is referring to the fate of the impoverished Transnet pensioners that are busy with a class action court case of R80 billion against Transnet for the mismanagement of their pension funds and the non-payment of historical debt. The claim of R80 billion amounts to more than R100 billion with interest.
The merit of the case is very strong and will only get stronger once the Constitutional Court delivers its ruling in a case regarding a technical objection raised by Transnet.
The pensioners asked the Constitutional Court to allow an argument in which the Constitutional Court itself delivered a ruling in the past, more specifically, that the State is bound by a promise that it made to a group of people. Should the Constitutional Court allow the argument, Transnet will have no defence. Transnet made promises to the pensioners about their pensions and these promises were not kept.
After talks with the FF Plus, former Minister Brown undertook to find the funds needed to settle the matter. The FF Plus hopes that the new ministers will follow this through seeing as the impoverished pensioners are dying at a rate of nearly 400 per month.
Seen from a human rights perspective, that makes this matter extremely urgent. These people are suffering due to their meagre pensions, which will soon be less than the government’s old-age grant in terms of monetary value.
The claim also creates an immense risk for the State. When the claim is successful, Transnet and its shareholder will be liable to pay an amount that the country simply cannot afford. Where will the Treasury get R100 billion from?
The ministers must take note of this injustice and the financial risk and settle this matter at once.
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