state challenged on pension at 65
10 September 2007
A two-day hearing of a case brought by a group of men challenging the unequal provision of the state old age pension to men at 65 and to women at 60 will begin on Tuesday. The case of Roberts versus the minister of social development will be heard at the Pretoria High Court.
The Centre for Applied Legal Studies of the University of the Witwatersrand and the Community Law Centre of the University of the Western Cape (represented by the Public Interest Law Department at Webber Wentzel Bowens) have been admitted as friends of the court to argue that the pension scheme should apply to everyone at age 60 in terms of the rights to social security and equality in the Constitution.
Moray Hathorn, head of Webber Wentzel Bowens’ pro bono Public Interest Law department said: "The case involves possible changes to the pension that would bring hundreds of thousands of new men into the social assistance system at a significant cost to the state."
Beth Goldblatt of The Centre for Applied Legal Studies said the case is an important opportunity to extend the reach of the social assistance net to a larger number of poor and desperate people.
"It will also argue that any legal change to the pension must not alter the existing entitlements that women have to receive their pensions at age 60," she said.
The ministers of social development and finance argue that the differential pension ages for women and men are designed to advantage women who are a disadvantaged group in South Africa.
The South African Human Rights Commission is also admitted as a friend of the court in this case.