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DA asks Madonsela to probe pensioner case

Johannesburg - The DA on Friday welcomed the High Court in Pretoria's decision to give two Transnet pensioners leave to institute an R80bn class action suit against the parastatal and its pension funds.

"The DA remains concerned that Transnet did not take the necessary steps to do what was right, and prevent this costly impasse," Democratic Alliance MP Natasha Michael said in a statement.

"To date, poor communication between the pension fund, Transnet and pensioners themselves has prevented a speedy resolution to the matter."

The party asked Public Protector Thuli Madonsela to investigate the alleged maladministration of the two funds.

"We must ensure that these men and women who spent their lives working to improve South African infrastructure are not left to starve and suffer when they can no longer look after themselves," Michael said.

On Thursday, Judge Ephraim Makgoba granted an order to pensioners Johan Pretorius and Johan Kruger to launch a class action on behalf of Transnet's 62 000 impoverished pensioners, in an attempt to recover close to R80bn in assets and interest.

The group has accused Transnet of stripping the Transnet Pension Fund and Transnet Second Defined Benefit Fund of its assets and mismanaging them to such an extent that the funds were unable to meet their obligations to members.

They have also accused Transnet of attempting to dissolve the pension fund.

Michael said the DA had written to parliament's public enterprises portfolio committee, asking it to summon Transnet officials to explain the status of the two funds.

The pensioners' attorneys said on Thursday the class action suit was devoid of political affiliation or involvement.

"We act on behalf of [the] applicants and the members of the funds and will only take instructions from them," said Wynanda Coetzee, of Geyser and Coetzee Attorneys.

Coetzee said the pensioners would not have to fund the court case.

The two pensioners were given 60 days to institute the class action. Transnet and the pension funds were ordered to pay the legal costs of the application.

The pension fund, Transnet, and the ministers of finance and public enterprises have opposed the application. They argue it is bad in law, of no substance and a waste of time, effort and money.

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