Remuneration of Public Office Bearers Amendment Act

Link to law: http://www.gov.za/documents/remuneration-public-office-bearers-amendment-act
Published: 2000-09-04

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Remuneration of Public Office Bearers Amendment Act [No 9 of 2000]
REPUBLIC OF SOUTH AFRICA
GOVERNMENT GAZETTE.
STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA
Registered at the Post O@ce as a Newspaper As ‘n Nuusbkzd by die Poskmtoor Geregistreer
VOL. 423 CAPE TOWN, 4 SEPTEMBER 2000
KAAPSTAD, 4 SEPTEMBER 2000 No. 21536
THE PRESIDENCY DIE PRESIDENSIE
——
No. 877. 4 September 2000 No. 877. 4 September 2000
It is hereby notified that the President has assented to the Hierby word bekend gemaak dat die President sy goecl- following Act which is hereby published for general keuring geheg het aan d i e onderstxmde Wet ~vat hierby ter information:— algemene i~lligting gepubliseer word:-
No. 9 of 2000: Remuneration of’ Public Office Bearers Amend- N o . 9 v a n 2 0 0 0 : Wysigingswet OP die Besoldiging van ment Act, 2000. Openbare Ampsbekl+rs, 2000.
? so, 21570 G(IVERNLIEYT GAZETTE. 4 SEPTEMBER 2000
‘-id !%. 9, 2(}(N) KElf[’.YERATJ0X OF I’1’BI.IC OFFICE BE/\ RI:RS .AME!XDNI ENIT ACT. 2000
GENERAL EXPLANATORY NOTE:
[ 1 Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with a solid line indicute insertions in existing enactments.
(Etzgli.sh text sigtled by the President. ) (Assented to 30 A ligUSt 2000. )
ACT To amend the Remuneration of Public Office Bearers Act, 1998, so as to make fresh provision regarding the date from which a member of the National Assembly or of a provincial legislature is entitled to a salary and allowances, the date from which a permanent delegate is entitled to a salary and allowances, and the payment of salaries and allowances of a Premier and a member of the Executive Council by provincial legislatures; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, asfollows:— Amendment of section 3 of Act 20 of 1998
1. Section 3 of the Remuneration of Public CMfice Bearers Act, 1998 (Act No. 20 of 1998) (hereinafter referred to as the principal Act), is amended— 5
(a) by the substitution in subsection (6)(u) for subparagraph (i) of the following subparagraph:
“(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 10 [date of the publication of the lists of names of representatives as contemplated in subitem (3) of that item] first polling day of the election in question;”; and
(/7) by the substitution in subsection (6) for paragraph (b) of the following paragraph: 15
“(b) in the case of a permanent delegate [from the date of his or her appointment] appointed— Q in terms of section 61(2)(I)) of the Constitution. from the first
sitting day of the provincial Iecislature concerned after its election; or ~o
@ in terms of section 2(3) of the National Council of Provinces (Perman:EIL,ITION OF PLIEi LIC OFFICE BEARERS .A\!END\lENT ACT. 2000
“(7) ((J) Subject to subsection (6), the Secretary to the provincial legislatu~concemed shall pay in monthly inslalments to [the Premier, each member of the Executive Council and] each member of the Provincial Legislature, excluding members of the Executive Council of that province. who swears or affirms faithfulness to the Republic as contemplated in [has begun to perform his or her functions, in terms ofJ section 107 of the Constitution, the salary and allowances to which such [office bearer] member is entitled [in terms of this section, the first month to be reckoned—]. [(a)] (b) For the purposes of para~raph (a) the first month shall be
reckoned, in the case of a member of the provincial legisla- ture— (i)
(ii)
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 [date of the publication of the lists of names of representatives as contemplated in subitem (3) of that item] first polling day of the election in =; and 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.
[(b) in the ease of a Premier and a member of the Executive Council, from the date on which such otEce bearer begins to perform his or her functions as contemplated in sections 129 and 132(2) of the Constitution, respectively; and
(c) in the case of a former senator who was not appointed as a permanent delegate to the National Council of Provinces, from the date on which he or she elected to become a member of the provincial legislature as contemplated in item 8 of Schedule 6 to the Constitution.]”;
(b) by the insertion after subsection (7) of the following subsection: “(7A) A Premier and a member of the Executive Council concerned
shall be ~aid the salarv 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,
(a)
(b)
respectively.”; and (c) by the substitution for subsection (8) of the following subsection:
“(8) The amount payable in respect of salaries and allowances shall— in resDect of a Premier or a member of the Executive Council be paid ~rom monies appropriated by the provincial legislature concerned for that purpose; and in respect of other members of the provincial legislature annually form a direct charge against the Provincial Revenue Fund con- cerned as provided for by section 117(3) of the Constitution.”.
Short title and commencement
3. (1) This Act shall be called the Remuneration of Public Office Bearers Amendment Act, 2000.
(2) This Act, excluding section 2(c), shall be deemed to have come into operation on ~~ June 1999.
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