| (1) |
The upper limit of salaries and allowances of a Premier, members of an Executive Council and members of a provincial legislature shall from time to time be determined by the President by proclamation in the Gazette, after taking into consideration— |
| (b) |
the role, status, duties, functions and responsibilities of a Premier, members of an Executive Council and the different members of a provincial legislature; |
| (c) |
the affordability of different levels of remuneration of political office bearers; |
| (d) |
the current principles and levels of remuneration in society generally; |
| (e) |
the need for the promotion of equality and uniformity of salaries, allowances and benefits for equal work performed; |
| (f) |
the provision of uniform norms and standards nationally to address disparities; and |
| (g) |
inflationary increases. |
| (2) |
Despite the provisions of subsection (1), a Premier, a member of an Executive Council or a member of a provincial legislature who holds different public offices simultaneously is only entitled to the salary, allowances and benefits of such office for which he or she earns the highest income. |
| (3) |
Within 30 days of publication of a proclamation referred to in subsection (1)— |
| (a) |
each Premier must, having regard to the provisions of subsection (1) and the upper limit as set out in the said proclamation, determine the salaries and allowances of members of the Executive Council and the different members of the provincial legislature by notice in the Provincial Gazette; |
| (b) |
the provincial legislature must by resolution, if the provincial legislature is then sitting, or if it is in recess, within 30 days of its next ensuing sitting, having regard to the provisions of subsection (1) and the upper limit as set out in the said notice, determine the salary and allowances of the Premier concerned. |
| (4) |
Section 8(1)(d) of the Income Tax Act, 1962 (Act No. 58 of 1962), shall apply to such portion of the remuneration of a Premier, a member of the Executive Council and a member of the provincial legislature concerned as the President may from time to time determine. |
| (5) |
The President may determine different portions in terms of subsection (4) in respect of different amounts of remuneration. |
| (6) |
The payment of salaries and allowances to members of a provincial legislature is subject to the rules and orders of the provincial legislature concerned. |
| (a) |
Subject to subsection (6), the Secretary to the Provincial Legislature concerned shall pay in monthly instalments to each member of the Provincial Legislature, excluding members of the Executive Council of that province, who swears of affirms faithfulness to the Republic as contemplated in section 107 of the Constitution, the salary and allowances to which such member is entitled. |
| (b) |
For the purposes of paragraph (a) the first month shall be reckoned, in the case of a member of a provincial legislature— |
| (i) |
designated in terms of item 16 of Schedule 2 to the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), as amended by Annexure A to Schedule 6 to the Constitution, from the first polling day of the election in question, and; |
| (ii) |
nominated in terms of item 23(1) of the said Schedule 2 to fill a vacancy, from the date on which the previous member vacated his or her seat in the provincial legislature concerned or the date of receipt of the nomination by the Speaker of the provincial legislature, whichever is the later date; |
[Subsection 7 substituted by section 2(a) of Act No. 9 of 2000]
| (7A) |
A Premier and a member of the Executive Council concerned shall be paid the salary and allowances to which such office bearer is entitled in monthly installments, the first month to be reckoned from the date on which such office bearer swears or affirms faithfulness to the Republic as contemplated in sections 129 and 135 of the Constitution, respectively. |
[Subsection 7A inserted by section 2(b) of Act No. 9 of 2000]
| (8) |
The amount payable in respect of salaries and allowances shall— |
| (a) |
in respect of a Premier or a member of the Executive Council be paid from monies appropriated by the provincial legislature concerned for that purpose; and |
| (b) |
in respect of other members of the provincial legislature annually form a direct charge against the Provincial Revenue Fund concerned as provided for by section 117(3) of the Constitution. |
[Subsection 8 substituted by section 2(c) of Act No. 9 of 2000]
| (9) |
Any salary, allowances or benefits paid in terms of a law to a Premier, a member of the Executive Council or a member of the provincial legislature prior to the coming into operation of this Act, shall be deemed to have been determined as such under this Act. |
Older Persons Act, 2006
