Special Investigating Units and Special Tribunals Act, 1996
R 385
Remuneration of Public Office Bearers Act, 1998 (Act No. 20 of 1998)7. Upper limit of salaries and allowances of members of Municipal Councils |
(1) | The upper limit of salaries and allowances of the different members of Municipal Councils shall from time to time be determined by the Minister, after consultation with the member of the Executive Council responsible for local government in each province, by notice in the Gazette after taking into consideration— |
(a) | the recommendations of the Commission; |
(b) | the respective role, status, duties, functions and responsibilities of the different members of Municipal Councils; |
(c) | the different categories or types of municipalities, having regard to their respective powers, duties and functions; |
(d) | the gross income, the area of jurisdiction and the nature of settlement of each municipality; |
(e) | the affordability of different levels of remuneration of public office bearers; |
(f) | the current principles and levels of remuneration in society generally; |
(g) | the need for the promotion of equality and uniformity of salaries, allowances and benefits for equal work performed; |
(h) | the provision of uniform norms and standards nationally to address disparities; and |
(i) | inflationary increases. |
(2) | Subject to the provisions of subsection (1), a member of a Municipal Council is, in addition to his or her salary as a member of the Municipal Council to which he or she has been directly elected, entitled to an allowance in respect of his or her membership of any other Municipal Council, and such allowance shall be determined by such other Municipal Council by resolution with a supporting vote of the majority of its members, in consultation with the member of the Executive Council responsible for local government in the province concerned. |
(3) | The salary and allowances of a member of a Municipal Council is determined by that Municipal Council by resolution of a supporting vote of a majority of its members, in consultation with the member of the Executive Council responsible for local government in the province concerned, having regard to— |
(a) | the provisions of subsection (1); |
(b) | the upper limit as set out in the said notice; and |
(c) | the financial year of Municipal Councils. |
(4) | The salaries and allowances of members of Municipal Councils shall annually form a charge against and be paid from the budget of a municipality concerned. |
(5) | The salaries and allowances paid to and the benefits paid on behalf of a member of a Municipal Council in terms of a law, prior to the coming into operation of this Act, shall be deemed to have been determined under this Act. |