The Remuneration of Public Office Bearers Act, 1998 (Act No. 20 of 1998), is hereby amended by—
| (a) |
the substitution for the Long Title of the following Long Title: |
“To provide for a framework for determining the salaries and allowances of the President, members of the National Assembly, permanent delegates to the National Council of Provinces, Deputy President, Ministers, Deputy Ministers, traditional leaders, members of local Houses of Traditional Leaders, members of provincial Houses of Traditional Leaders and members of the National House of Traditional Leaders; to provide for a framework for determining the upper limit of salaries and allowances of Premiers, members of Executive Councils, members of provincial legislatures and members of Municipal Councils; to provide for a framework for determining pension and medical aid benefits of office bearers; to provide for the repeal of certain laws; and to provide for maters connected therewith.”;
| (b) |
the substitution in section 1 for— |
| (i) |
the definition of “benefits” of the following definition: |
‘‘ ‘benefits’ means in respect of a traditional leader, a member of a local House of Traditional Leaders, a member of a provincial House of Traditional Leaders and a member of the National House of Traditional Leaders those benefits which the President may determine in terms of section 5(3), and in respect of all other office bearers, the contributions contemplated in sections 8(2) and (5) and 9(2) and (5); (xii)”;
| (ii) |
the definition of “office bearer” of the following definition: |
“ ‘office bearer’ means a Deputy President, a Minister, a Deputy Minister, a member of the National Assembly, a permanent delegate, a Premier, a member of an Executive Council, a member of a provincial legislature, a traditional leader, a member of a local House of Traditional Leaders, a member of a provincial House of Traditional Leaders, a member of the National House of Traditional Leaders and a member of a Municipal Council; (ii)”; and
| (iii) |
the definition of “traditional leader” of the following definition: |
“ ‘a traditional leader’ mean [any person identifieidn terms of section 5(5)] a traditional leader as defined in section 1 of the Traditional Leadership and Governance Framework Act, 2003. (ix)”;
| (c) |
the substitution for section 5 of the following section: |
Salaries, allowances and benefits of traditional leaders, members of local Houses of Traditional Leaders, members of provincial Houses of Traditional Leaders and members of National House of Traditional Leaders
| 5. (1) |
Traditional leaders, members of any local House of Traditional provincial House of Traditional Leaders and members of the National House of Traditional Leaders shall, despite anything to the contrary in any other law contained, be entitled to such salaries and allowances as may from time to time be determined by the President after consultation with the Premier concerned by proclamation in the Gazette, after taking into consideration— |
| (a) |
any recommendations of the Commission; |
| (b) |
the role. status, duties. functions and responsibilities of different categories of traditional leaders, different members of the local Houses of Traditional Leaders, different members of the Houses of Traditional Leaders in the various provinces and different members of the National House of Traditional Leaders; |
| (c) |
the affordability of different levels of remuneration of public office bearers; |
| (d) |
the current principles and level so f remuneration in society generally; |
| (e) |
the need for the promotion of equality and uniformity of salaries and allowances for equal work performed; |
| (f) |
the enhancement of co-operation, unity and understanding between traditional communities nationally; |
| (g) |
the extent of the role and functions of traditional leaders across provincial borders; and |
| (h) |
inflationary increases. |
| (2) |
Despite the provisions of subsection (1), a traditional leader, a member of a local House of Traditional Leaders, a member of a provincial House of Traditional Leaders or a member of the National House of Traditional Leaders who holds different public offices simultaneously, is only entitled to the salary, allowances and benefits of the public office for which he or she earns the highest income, but— |
| (a) |
this subsection shall not preclude the payment of out of pocket expenses for the performance of functions other than those for which such office bearer receives such highest income; and |
| (b) |
where only an allowance has been determined in terms of subsection (1) in respect of a traditional leader’s membership of a local House of Traditional Leaders, a provincial House of Traditional Leaders or the National House of Traditional Leaders, such a traditional leader shall be entitled to such an allowance in addition to his or her salary, allowances and benefits as a traditional leader. |
| (3)(a) |
The President may, if he or she deems it expedient after consultation with the Minister and the Premier concerned, by proclamation in the Gazette determine any benefits to which a traditional leader, a member of any local House of Traditional Leaders, a member of any Provincial House of Traditional Leaders or a member of the National House of Traditional Leaders shall be entitled, subject to such conditions as the President may prescribe. |
| (b) |
If the President decides to determine such benefits, the criteria listed in paragraphs (a) to (b) of subsection (1) shall be applicable, with the necessary changes. |
| (4) |
The amount payable in respect of salaries, allowances and benefits to traditional leaders, members of local Houses of Traditional Leaders, members of provincial Houses of Traditional Leaders and members of the National House of Traditional Leaders shall be paid from monies appropriated for that purpose by Parliament in respect of the National House of Traditional Leaders and by a provincial legislature in respect of traditional leaders, [and] members of local Houses of Traditional Leaders and members of provincial Houses of Traditional Leaders, as the case may be. |
| [(5) |
A traditional leader is a person identified by the Minister after consultation with the Premier concerned by notice int he Gazette for the purposes of this Act.]
|
| (6) |
Despite the provisions of subsection (I), a member of the National House of Traditional Leaders shall be entitled to an allowance as determined by the President by proclamation in the Gazette for actual work performed with effect from 10 April 1997 until a determination is made in terms of subsection (l).”; |
| (d) |
the substitution in section 8 for subsection (6) of the following subsection: |
| "(6) |
The provisions of this section shall, subject to section 5(3), not apply to a traditional leader, a member of a local House of Traditional Leaders, a member of a provincial House of Traditional Leaders and a member of the National House of Traditional Leaders.”; and |
| (e) |
the substitution in section 9 for subsection (6) of the following subsection: |
| "(6) |
The provisions of this section shall, subject to section 5(3), not apply to a traditional leader, a member of a local House of Traditional Leaders, a member of a provincial House of Traditional Leaders and a member of the National House of Traditional Leaders." |
Older Persons Act, 2006
