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South African Alliance of British Pensioners NEWSLETTER August 2003 Dear Members This Newsletter is of necessity a lengthy and important one and I urge you to read it carefully and more than once. 1. THE LEGAL CASE - PROGRESS Anxious as we were to limit the exposure of Annette in terms of the costs order, we instructed our solicitor/legal team leader Mr Graham Chrystie to enter into discussions with the Department of Works and Pensions (DWP) on the matter of their costs. I am happy to report that we reached a settlement within the funds that we had set aside to indemnify Annette and the settlement with DWP has been effected! We thus sat some eight weeks ago with a clean slate but with the vexing question of where to from here? It has been very clear since March 2003 (indeed throughout the time that we have proceeded with the appeal) both to Graham Chrystie and the SAABP Committee that after Appeal, whatever the outcome, we could not proceed further on the tenuous financial footing that has prevailed to date. i.e. without a solid financial base with monies to proceed further. Thanks to sterling work on the part of our solicitor, Graham Chrystie, and with the help of our friends in Canada, we are pleased to report that legal action is still ongoing in pursuit of our claim for pension uprating. As at July 2003 Graham Chrystie has received some funding in cash and more is promised, with firm undertakings obtained. Based on these undertakings, limited (but currently sufficient) funding is expected to be in place by the time you receive this Newsletter, such that we have been able to lodge a Petition to the House of Lords by the deadline of 16 July 2003. Once again the support of pensioners' associations has been critical and we extend our heartfelt thanks to CABP and BPAWC. However, this is only step one in the next legal process if the case is to proceed, and we still need a steady flow of money to fund whatever steps may follow (see Timing and Programme below). To get to this stage and still be able to proceed is truly remarkable, and is a tribute to all who have given so generously of their time and money. The worldwide support for the case together with much media attention and sympathy is greatly appreciated by all of us and particularly by our claimant Annette Carson. Where are we now and what is the Plan of Action? As I’ve said above the defeat in the Appeal Court was a blow to us all but the Judgement of Lord Justice Laws has given us several major and hopeful grounds of potential appeal. Better still, the legal team is of the strong opinion that we won some substantial points at the Court of Appeal which took us closer to our goal of proving - and eliminating - discrimination which we contend is unjustified. Nevertheless, despite admitted discrimination between expatriates on uplifted pensions and those whose payments are frozen, it appears their Lordships were unable to see their way to challenge government policy. Clearly we are in the `hot seat' and our case seems to be the leading one where Government against Judiciary is the underlying issue. We have to hope that the House of Lords (currently under threat of abolition in favour of a Supreme Court) will grant us an Appeal Hearing and overturn the lower courts. However, in the appeal judgement we were refused permission to appeal further, consequently Annette must go through the process of petitioning for permission to appeal to the Lords in the face of this refusal. Timing and Programme
SAABP Commitment - SAABP is 100 per cent behind pursuing the case and has approved the Petition to the House of Lords. Working with CABP and BPAWC we shall continue to do our utmost to obtain full index-linked pensions as declared in our Mission Statement. However, our position vis-à-vis our claimant, Annette Carson, has undergone a change. Since the case is now being funded principally by overseas donors rather than the SAABP, we are no longer in a position to give her categorical assurances regarding the payment of legal costs. As a result, in order for the case to proceed, she has had no choice but to enter into a personal contract with our Solicitors which renders her solely liable for all fees as well as any adverse costs. This is a position we did not anticipate when we started out along this road, and we are extremely grateful to Annette for agreeing to expose herself to this financial burden. Understandably, since she is not a rich woman, her continued involvement is wholly dependent on there being adequate funds lodged upfront, at any given time, sufficient to cover ongoing fees, disbursements, and likely adverse costs. (It is not an exact science estimating DWP costs, but to date our cash management system has worked well and will continue to operate). Once again Graham's Firm has offered to carry on working at a discounted fee rate, for which we are extremely grateful. We are similarly very appreciative of Annette's continuing commitment and tenacity and we could not imagine a better claimant. We all owe a great deal to Annette who has borne the stress and strain of this case with fortitude and humour. She has, by the way, asked us to reassure members that, contrary to an erroneous report which appeared on the internet, she is not planning to return to Britain and has every intention of continuing to campaign for our cause! Funding I can confirm that due to the advantageous fee arrangements offered by Graham Chrystie's Firm and Counsel, the Initial Action and the Court of Appeal costs were concluded at much lower rates than available on the London legal market today. Annette has also been fully protected for costs which were awarded against her personally, and to everyone's great relief the necessary payment has now been made to the DWP clearing their costs due to date. The Petition process has therefore been commenced with a clean slate, with no amounts outstanding for payment. Currently our principal concern is raising funds for the various stages of what we hope will culminate in a successful Appeal to the House of Lords. We are encouraged by the generous funding donated from international sources, but this is only a start; it must also be remembered that for every pound allocated to legal fees, an equal amount must be set aside to indemnify Annette against any new adverse costs award. Therefore we are still appealing for contributions towards the ongoing legal process, and of course it is still our hope that a White Knight will step forward. Meanwhile your continued subscriptions and donations, no matter how small, will be greatly appreciated. Money also continues to be donated by various pensioner bodies who support our cause, and Graham has been moving heaven and earth to keep our sister organisations around the world on board and committed to our cause. Conclusion The Carson case is still, we believe, our best opportunity to obtain redress and gain indexation. Simply there are no other legal opportunities currently, and talk of potential new legislation on Age Discrimination is unlikely to help. (N.B. The Age Discrimination appeal of Reynolds which was joined with our case at the Court of Appeal was roundly dismissed and regarded as barely arguable.) Thus Annette's case is still our best hope and indeed the only real legal case available to us. Also any other claimant (though we know of none going forward) would have a major problem in proceeding at present given the adverse decision against us in the Court of Appeal. Our legal team has put forward a very positive Petition to the House of Lords in what is a new field, where we are testing key legal issues and the Human Rights Act 1998. We hope you will see your way clear to continuing to support Annette and SAABP, and are grateful for the magnificent support you have given to date. 2. ANNUAL GENERAL MEETING In accordance with the Constitution, the A G M should be held in April of each year. However, for obvious reasons we have had to delay matters this year. The official notice and Agenda is enclosed but brief details are: Date: Saturday 25 October 2003 Your support will be appreciated. Please Note: The Committee of the SAABP comprises entirely of volunteers, most of whom are employed elsewhere on a full or part-time basis. In terms of the Constitution those members who have been in office for 2 years will resign at the AGM, but all are prepared to stand for re-election. We are in need of further committee members and co-opted helpers to share the workload from time to time; Nominations and volunteers will be greatly appreciated and will help in furthering our mutual just cause. 3. SAA City Centre - Airfares and support from SAA City Centre We thank those of you who have made use of the facility and thereby further supported our cause by booking their tickets through the applicable travel Agents in Cape Town, Knysna, George and Johannesburg. A SAACC Newsletter/Flyer is available from Eric .. In it you will read of the intention to extend the service to your friends and relatives who intend visiting South Africa in the future. We emphasise this facility is available only to registered members of SAABP and the Travel Agent will require a membership number, confirmed by us. We also repeat, the use of this facility is the only reason for which we have membership numbers, which are available on request from the Secretary or Tom Grist (see contact numbers in the heading of this newsletter). SAACC is assisting in financing a part of the postage of this Newsletter as a further gesture of their commitment to our cause. Please help us by giving consideration to making use of their facility in your future travel plans. 4. AABP CONTACTS THROUGHOUT SOUTH AFRICA Over a period of time we have developed a limited number of ‘local’ telephone numbers of members and supporters who are willing to act as local membership liaison and contact persons; we publish these numbers again for your convenience but respectfully remind you that they are acting in an entirely voluntary capacity and in many cases they have daytime commitments; also they are not generally able to answer detailed questions regarding pensions matters. You are therefore requested to only contact the following numbers in the evening between 17h30 and 20h30 on weekdays: Johannesburg (011)803 1940 or (011)655 5566 5. IN CONCLUSION The SAABP is making satisfactory progress but we still have a big fight on our hands and need to face up to the financial challenges which present the continuing obstacle; please continue to spread the word about the alliance and encourage more people to join and contribute to the fighting fund; where possible we would ask those of you who still have been unable to contribute to think again now, every contribution, however small helps! It also encourages Annette, the Legal team and your SAABP committee. Kind Regards Charles W Poole – Honorary President: SAABP Condolences. Mailing List We repeat those from whom we have still not heard will remain on our records, as members, but will not be on the mailing list. AGM Membership forms We also draw your attention to the ** note towards the bottom of the form. Claims for Chronic Obstructive Pulmonary Disorder (COPD) Her email address is adriana@thepoint.co.za Kind regards Your committee
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