be published in the Government Gazette on the date it is received from the independent actuary". 11. The Complainants state that in an attempt to give effect to the provisions of Section 4 of the second privatisation scheme, a further Proclamation was published on 23 February 1994, amending Proclamation 9 of 1993 and empowering the Councillor of any Department to place on leave without pay, any active member who failed to re-pay an amount allegedly overpaid to him/her. The Proclamation further deprived the Court of its jurisdiction in respect of any action against such member. The Complainants state that on that same day (23 February 1994), a revised formula for privatisation in respect of the pension fund was introduced with retroactive effect from 29 June 1993, and was published in the Government Notice 3 of 1994. 12. The Complainants state that the revised formula introduced by the Proclamation, was not compiled by an independent actuary after an evaluation of the fund as envisaged by Section 7 of Proclamation 9 of 1993, but appears to be a formula proposed by the actuarial sub-committee of the Commission of Enquiry. The Complainants submit that this formula is inaccurate and does not accurately reflect a member's actual and/ actuarial interest in the pension fund. 13. The Complainants state that a Mr. Schoonraad, an actuary carried out actuarial evaluations and it appears that the fund had a deficit of R109.1 million, while the Venda Government Service Superannuation Fund had a deficit of R28.586 million. Subsequently, the Government released a press statement, which showed that all was well and that there were no deficits in any of the pension funds. The Complainants state that the Government records that "every member's full benefit is absolutely secure". 14. The Complainants state that an application was brought before the Venda High Court to set aside Proclamation 1 of 1994. The application was successful and the judgment of the Court has been reported in the South Africa Law Reports as Malaudzi and Others v Chairman, Implementation Committee and Others 1995 (1) SA 514 (V). The Court order rendered both Proclamation 1 of 1994 and Government Notice 3 of 1994 to be of no force and effect. This judgment was handed down in June 1994, though it was argued in March 1994. 15. The Complainants state that in April 1994, Venda was incorporated into the Republic of South Africa (the Respondent State). As a result of this incorporation, and by virtue of Section 14 of Proclamation 21 of 1996, all assets and liabilities of the Venda Pension Fund became the assets and liabilities of the Government Pension Fund, a juristic person and the successor of the Venda Service Pension Fund and the Venda Government Service Superannuation Fund. 16. The Complainants state that, presumably to remedy the situation arising from the Court's order in the Malaudzi matter, the office of the President of the Respondent State, issued Proclamation 56 of 1995, where he made regulations under Section 11 of the Venda Government Pensions Act 1979. In the preamble, it is recorded that the State President, acting under the powers vested on him under Section 235 (7) of South Africa's then Interim Constitution, makes the regulations under Section 11. This Proclamation fixed a funding level for the Venda Pension Fund at a level 75%, being a lower level than the level on which the June 1994 payments were made. The Complainants submit that any pension fund established needs to be funded at a level of 100%, and in the event of any shortage, it believes it to be equitable for the Respondent State to make an extraordinary contribution to the fund to remedy any deficit. 17. The Complainants state that after incorporation, a further round of payments was made to all members who participated in the second privatisation scheme. In spite of the fact that the Government's attention had been drawn to the fact that there was no logical basis and no existing legislation authorizing these payments. Majority of the members, who privatized, received 83% of their share of accrued benefits. Such payments were inadequate compared to approximately 91% received by members who participated in the first privatisation scheme. 18. The Complainants also state that the amounts paid to members in 1992 following the first privatisation scheme were inaccurately calculated on the basis that members were entitled to 91% of the present value of the benefits which they expected to become entitled to. Some members however received more and some less than the amounts they were entitled to, due to the fact that the wrong data was used in calculating their benefits. 19. The Complainants state that on 19 April 1996, the President of the Respondent State in terms of Proclamation 21 of 1996 promulgated the Government Employees Pension Law, 1996. in which Section 14(1)(a) provided that any previous fund (including the erstwhile Venda Pension Fund) was to be discontinued from a date to be determined in respect of that fund by the Minister of Finance of the Respondent State. The Minister decided that 1 May 1996, was the date from when the Venda Pension Fund would be discontinued. 2