Remuneration of Public Office Bearers Second Amendment Act 21 of 2000

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21 of 2000

Remuneration of Public Office Bearers Second Amendment Act, 2000 (No. 21 of 2000)

GENERAL EXPLANATORY NOTE:
[ ]  Words in bold type in square brackets indicate omissions from existing enactments.
__ Words underlined with a solid line indicate insertions in existing enactments.

(English text signed by the President.)
(Assented to 29 June 2000.)

Act

  • to amend the Remuneration of Public Oflice Bearers Act, 1998, so as:
    • to correct a cross-reference in respect of a definition;
    • to make fresh provision regarding the payment of salaries and allowances of traditional leaders holding more than one public office simultaneously and the payment of allowances to traditional leaders;
    • to exempt the Minister from consulting with the pension funds and medical aid schemes concerned when the upper limits of the contributions to the pension funds and medical aid schemes are determined;
    • to provide that a Municipal Council determines the amount of the contribution to a pension fund and medical aid scheme to which its members belong;
    • to make certain textual alterations; and
  • to provide for matters connected therewith.

BE IT ENACTED by the Parliament of follows:—

Amendment of section 1 of Act 20 of 1998 the Republic of South Africa, as

1. Section 1 of the Remuneration of Public Office Bearers Act, 1998 (Act No. 20 of 1998) (hereinafter referred to as the principal Act), is amended by the substitution for the definition of “traditional leader” of the following definition:

“ ‘traditional leader’ means any person identified in terms of section 5[(4)](5). ”.

Amendment of section 5 of Act 20 of 1998

2. Section 5 of the principal Act is amended-

(a) by the substitution for subsection (2) of the following subsection:

“(2) Despite the provisions of subsection (1), a traditional leader, a member of a provincial House of Traditional Leaders or a member of the National House of Tmditional 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 paylment 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 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.”; and

(b) by the substitution in subsection (4) for the words ‘“salaries and allowances” of the worcis “’salaries, allowances and benefits”.

Amendment of section 7 of Act 20 of 1998

3. The English text of’ section 7 of the principal Act is amended by the substitution in subsection (2) for the words ‘“Subject to” of the word “Despite”.

Amendment of section 8 of Act 20 of 1998

4. Section 8 of the principal Act is amended by the substitution for subsection (5) of the following subsection:

“(5) (a) The upper limit of the contribution to be made to the pension fund of which a member of a Municipal Council is a member, shall be determined by the Minister [after consultation with the pension fund concerned and] after taking into consideration the recommendations of the Commission.

(b) The [Minister] Municipal Council, after consultation with the pension fund concerned, shall determine the amount of the contribution and such amount shall annually form a charge against and be paid from the budget of the municipality concerned.”.

Amendment of section 9 of Act 20 of 1998

5. Section 9 of the principal Act is amended by the substitution for subsection (5) of the following subsection:

“(5)(a) The upper limit of the contribution to be made to the medical aid scheme of which a member of a Municipal Council is a member, shall be determined by the Minister [after consultation with the medical aid scheme concerned and] after taking into consideration the recommendations of the Commission.

(b) The [Minister] Municipal Council, after consultation with the medical aid scheme concerned, shall determine the amount of the contribution and such amount shall annually form a charge against and be paid from the budget of the municipality concerned.”.

Substitution of expression in Act 20 of 1998

6. The principal Act is amended by the substitution for the expression “Council of Traditional Leaders”, where\er it occurs, of the expression “National House of Traditional Leaders”.

Short title

7. This Act shall be called the Remuneration of public OffIce Bearers Second Amendment Act, 2000.

Commencement

4 July 2000

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