20. The Complainants state that Section 4(3) of Proclamation 21 of 1996 provides that members of any previous pension fund shall with effect from that date be a member of the Government Employees Pension Fund. 21. The Complainants state that categories of members of the erstwhile Venda Pension Fund; the first category are active members whose annual pensionable emoluments exceeded the amount determined by the Director General, who elected to have their accrued benefits transferred into an investment plan (first privatization scheme).The second category are members of the fund as at March 1992, whose actuarial share of the fund was either transferred into an investment plan or paid out in cash, free of tax (second privatisation scheme). The third were those members who remained members of the fund and did not participate in either the first or second privatisation schemes. The Complainants state that it is not being alleged that these last category are in any way prejudiced. 22. The Complainants also state that as regards the first category of members, some of them received 91% of their accrued benefits while others receives 75% or 83%, and the unfortunate ones received from 0% to 91% of their accrued benefits. The second category of members received anything from 0% to 83% of the amount to which they were entitled. 23. The Complainants also state that due to these unresolved issues regarding the Venda Pension Fund, it was agreed by the members of the Pension Fund Scheme to form a movement styled the Dabalorivhuwa Pension Forum, which was later registered as a political party. This was done in order to further their claims for a lawful and equitable distribution of the pension benefits due to them under the Venda Government Service Pension Fund 24. The Complainants state that a complaint was lodged with the Public Protector, a public watch-dog body in November 1996. The Complainants allege that the Public Protector dragged its feet and in five years failed to complete its investigation and to report thereon. Accordingly, an application was lodged to the High Court of South Africa in 2001, under which an order was sought to compel the Public Protector to complete its investigation, where after it did in 2002. 25. The Complainants state that the report of the Public protector urged that participants of the first scheme be paid 100% of their actuarial interest. It also found that those in the second scheme were paid according to the funding level that was applicable to them at the time and that no improper prejudice has been established in their case. 26. The Complainants allege that in July 2004, they took the case before the High Court of South Africa Transvaal Provincial Division, for an order declaring that Proclamation 56 of 1995 is unconstitutional because it did not treat the members of the pension scheme equally, and that it is of no force and effect. The Court dismissed the application of the Complainants based on reasons among which was unreasonable delay of seven years, in bringing the application to the Court and the fact that necessary data required to decide on the matter was lost, a fact which was likely to cause prejudice to the Government of South Africa. 27. The Complainants then took the matter before the Supreme Court of Appeal of South Africa in November 2005. The Supreme Court dismissed the application, upholding the decision of the High Court for unreasonable delay in bringing the application, because of loss of data which could have helped the case and the expense involved in retrieving these lost data. 28. The Complainants then took the matter before the Constitutional Court of South Africa requesting for leave to appeal the decision of the Court of Appeal. The Constitutional Court dismissed the application for leave to appeal, on the ground that it is not in the interest of justice to grant leave to appeal because of the absence of prospects of success in the appeal. 29. The Complainants allege the violation of the individual, civil and labour rights of the Vhavenda people especially those who are involved in the privatization scheme. Articles alleged to have been violated 30. The Complainants allege the violation of Articles 2, 3, 13 and 15 of the African Charter on Human and Peoples' Rights. 3