Open Letter On Disability Grants

Dear Dr Kalumbi Shangula Re: disability grants for persons infected with HIV-AIDS under the National Pension Act of 1992 We refer to your circular dated 12 July 2005 and the press release of 25 July 2005, which press release was issued as a result of our complaint of the aforementioned circular.

We wish to point out that we did not misunderstand your circular, as it is now indicated in your press release of 25 July 2005. Your circular read as follows: “My office was approached to give clarity on social/disability grants to people living with HIV-AIDS.Both these grants are regulated by the National Pension Act, 1992.Accordingly, there is no provision that people living with HIV-AIDS are eligible for any of the two grants.Any payment of these grants to people living with HIV-AIDS is illegal and must not be done (sic).”It is obviously clear that you did mention that the payment of disability grants to people living with HIV and AIDS was illegal.Our concern was that that was an error on your part to exclude people living with AIDS from receiving payments under the National Pensions Act, as it could be demonstrated that such persons could be disabled within the definition of the National Pensions Act.Your subsequent press release puts the matter in proper perspective, for which we thank you.Our other concern was that the sudden withdrawal of disability grants to people already receiving them is unilateral and in violation of the letter and spirit of natural justice of affording the affected persons an opportunity to make representations to you concerning the termination of the payments of the grants or to afford such persons reasonable time to make alternative arrangements.Such unilateral actions are certainly not in conformity with Article 18 of the Namibian Constitution, which requires that decisions and actions by administrative bodies and officials be fair and reasonable.We trust that you will reconsider your stance on this matter.We are however still concerned that the denial of some form of assistance (in the form of grants or otherwise) to people living with HIV, will in fact ensure that they progress faster to full-blown AIDS for lack of adequate treatment, care, nutrition, water and shelter, for which such disability grants catered.We therefore urge your Ministry to urgently look into this matter and ensure the provision of such services which will slow the progression of HIV to AIDS.Norman Tjombe Director, Legal Assistance CentreYour circular read as follows: “My office was approached to give clarity on social/disability grants to people living with HIV-AIDS.Both these grants are regulated by the National Pension Act, 1992.Accordingly, there is no provision that people living with HIV-AIDS are eligible for any of the two grants.Any payment of these grants to people living with HIV-AIDS is illegal and must not be done (sic).”It is obviously clear that you did mention that the payment of disability grants to people living with HIV and AIDS was illegal.Our concern was that that was an error on your part to exclude people living with AIDS from receiving payments under the National Pensions Act, as it could be demonstrated that such persons could be disabled within the definition of the National Pensions Act.Your subsequent press release puts the matter in proper perspective, for which we thank you.Our other concern was that the sudden withdrawal of disability grants to people already receiving them is unilateral and in violation of the letter and spirit of natural justice of affording the affected persons an opportunity to make representations to you concerning the termination of the payments of the grants or to afford such persons reasonable time to make alternative arrangements.Such unilateral actions are certainly not in conformity with Article 18 of the Namibian Constitution, which requires that decisions and actions by administrative bodies and officials be fair and reasonable.We trust that you will reconsider your stance on this matter.We are however still concerned that the denial of some form of assistance (in the form of grants or otherwise) to people living with HIV, will in fact ensure that they progress faster to full-blown AIDS for lack of adequate treatment, care, nutrition, water and shelter, for which such disability grants catered.We therefore urge your Ministry to urgently look into this matter and ensure the provision of such services which will slow the progression of HIV to AIDS.Norman Tjombe Director, Legal Assistance Centre