Constitutional Complaint - Retirement at 65: Lamy and Subratty Discuss Violation of an Acquired Right

Lindsay Maurice Denys Lamy and Mohamed Ryad Subratty are contesting the increase of the Basic Retirement Pension age from 60 to 65 years, claiming that it violates an acquired right. Their constitutional complaint will be reviewed again on November 24, 2025.

Lamy and Subratty argue that the change in eligibility age for the Basic Retirement Pension (BRP) constitutes discrimination. They have filed a constitutional complaint against the state and the Minister of Social Security. The case was brought before Chief Judge Bibi Rehana Mungly-Gulbul on Monday, November 10, 2025.

During the hearing, attorney Yash Balgobin, representing the plaintiffs, submitted two documents titled "answers to particulars" in response to the defendants' requests for clarification.

The first document was addressed to the state representative, while the second, submitted on behalf of the Minister of Social Security, answered the 32 questions posed by him.

Among the points raised in both responses is an estimated financial loss of approximately Rs 1 million per plaintiff, calculated over five years of basic pension.

The two men claim that raising the eligibility age for the BRP from 60 to 65 years deprives them of "an income they were legitimately entitled to." Their constitutional action is based on articles 3(a), 3(c), and 8 of the Constitution, which guarantee equality before the law and protection against all forms of discrimination.

The plaintiffs further argue that the BRP "constitutes an acquired right, even a property right, protected by the Constitution and international standards regarding the rights of older persons." They also reference public statements from government members and an address by the Prime Minister on June 17, 2025, to illustrate the criticisms surrounding the reform.

On their part, the defendants have requested a postponement to review these responses and to present their position. The case will be recalled on November 24, 2025.