Question NW1778 to the Minister of Transport

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19 November 2021 - NW1778

Profile picture: Mey, Mr P

Mey, Mr P to ask the Minister of Transport

(1)Whether, with reference to the settlement of the class action on 11 December 2019 between Transnet and the Transnet pensioners who are members of two pension funds, namely the Transnet Second Defined Benefit Fund and the Transport Pension Fund, he has been informed that in spite of the implementation of the specified settlement in 2020, it has still not been implemented for members of the Passenger Rail Agency of South Africa Sub Fund, notwithstanding a court order (details furnished) to the effect; if so, (a) what is the reason for this and (b) by what date will the delay be addressed, with an indication of the necessary deadlines in order to prevent legal action from being taken against his department for disregarding the specified court order; if not, (2) whether he will soon take steps to determine the reasons for the delays and how to address them, with an indication of the necessary deadlines in order to prevent legal action from being taken against his department for disregarding the specified court order; if not, why not; if so, what are the relevant details; (3) whether he will make a statement on the matter?

Reply:

1. (a) The court order has not yet been implemented. This court order will be

implemented by the PRASA Sub Fund of the Transport Pension Fund upon the approval of the Fund Rule amendments this implies.

“In terms of the Transnet Pension Fund Act (Act 62 of 1990 as amended), the responsibility to approve amendments to the Special Rules of the PRASA Sub Fund of the Transport Pension Fund rests with the Minister of Public Enterprises with concurrence by the Minister of Finance. The relevant proposed amendments to the Special Rules of the PRASA Sub Fund is currently receiving attention by the Minister of Public enterprise.”

(b) In terms of PRASA protocol, all rule amendments for the pension funds are channelled through Transnet. The proposed amendments to the PRASA Special Rules were circulated to the Office of the Transnet Chief Financial Officer on 12 April 2021.

2. Regular follow ups have been made with Transnet and the matter will now be escalated to the Department of Public Enterprises (DPE) for intervention as the submissions were made in April 2021 already.

3. I will not be making any statement on the matter.

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