Summary: Section 5 (2) of the Remuneration of Public Office Bearers Act 20 of 1998 prohibits traditional leaders from being paid two incomes for holding two ‘public offices' simultaneously, but it does not prohibit them from being paid a salary as a traditional leader if they are also employed in the public service - Section 219 (1) of the Constitution recognises that national and provincial governments have concurrent legislative and executive competence over traditional leaders, but their salaries must be determined by national framework legislation. Where such salaries are determined by a provincial statute, the provincial determination is valid in the absence of a constitutional challenge to the statute. - Application for declaratory relief. Declaratory order not affecting the consequences of an invalid decision, which remains valid until set aside - Declarator refused.

Order:

On appeal from: North Gauteng High Court (Pretoria) (Phatudi AJ sitting as court of first instance).

The following order is made:

(1) The appeal is dismissed.

(2) The cross-appeal is upheld to the extent that the order of the high court is amended as follows:

‘The application is dismissed, each party to pay its own costs.'