Government Gazette

Vol. 448, No. 23880,  2002

Regulation Gazette, No.7462

No. R.73 , 2002

PROCLAMATION

by the President of the Republic of South Africa

DETERMINATION OF THE UPPER LIMIT OF THE SALARIES AND ALLOWANCES OF PREMIERS, MEMBERS OF EXECUTIVE COUNCILS AND MEMBERS OF PROVINCIAL LEGISLATURES

1. In terms of section 6 (1) of the Remuneration of Public Office Bearers Act, 1998 (Act No. 20 of 1998) ("the Remuneration Act"), I hereby determine that upper limit of the annual salaries and allowances of the various grades of office bearers mentioned in Column 1 of Schedule 1 shall be as set out in Columns 2, 3 and 4 of the Schedule 1 with effect from 1 April 2002, subject to section 6(7)(a) and (b) of the Remuneration Act.

2. Column 4 Schedule 1 (Notch 3) applies to a re-elected member who at any time has occupied his or her current office, or an office in the same or a higher grade according to Schedule 2, for a period of at least 24 months in total, whether continuous or not, and whether before or after 2 June 1999.

3. Column 3 of Schedule 1 (Notch 2) applies to all re-elected members other than those referred to in paragraph 2. When a re-elected member to whom Column 3 of Schedule 1 applies has held his or her current office, or an office in the same or a higher grade according to Schedule 2, for a period of 24 months in total, whether continuous or not, Column 4 of Schedule 1 (Notch 3) becomes applicable to that member.

4. Column 2 of Schedule 1 (Notch 1) applies to all members of Parliament who are not re-elected members.

5. For the purposes of calculating the period of 24 months referred to in paragraphs 2 and 3, a re-elected member who-
   1. was a member of Parliament or a Provincial Legislature on 1 June 1999; and
   2. pursuant to the elections of 2 June 1999, was designated by the Electoral Commission as a member of the National Assembly or a Provincial Legislature, or appointed as a permanent delegate to the National council of Provinces (NCOP) in terms of section 61 (2) (b) of the Constitution, is regarded to have continued to occupy the position occupied by him or her on 1 June 1999 until so designated or appointed.
      
      

6. In terms of section 6(4) of the Remuneration Act, I determine the amount of R40 000,00 per annum as that portion of the remuneration of an office bearer mentioned in Column 1 of Schedule 1 to which section 8(1)(d) of the Income Tax Act, 1962 (Act No. 58 of 1962), shall applies.

7. Except for the salaries and allowances provided for in this Proclamation, the office-bearers mentioned in Column 1 of Schedule 1 are not entitled to any other remuneration, whether directly or indirectly, in respect of the offices held by them.

8. In this Proclamation, unless the context indicates otherwise, any word or expression to which a meaning has been assigned in the Remuneration Act, the Constitution of the Republic of South Africa, 1996, or the relevant Rules and Orders contemplated in section 116 of the constitution, bears that meaning; and -
   1. "member of Parliament" means a member of the National Assembly or a permanent delegate to the National Council of Provinces; and
   2. "re-elected member" means a member of Parliament
      1. who at any time before 2 June 1999 occupied an office mentioned in Schedule 2; and
      2. whose service in any one or more of those offices has not been interrupted at any time for a continuous period of more than 24 months.
9. Proclamation No. 59 of 2001, published in the Government Gazette of 9 November 2001, is repealed.

Given under my Hand and the Seal of the Republic of South Africa at Pretoria this Twenty-third day of September Two Thousand and Two.

T M MBEKI 
PRESIDENT

G J FRASER-MOLEKETI 
MINISTER OF THE CABINET

SCHEDULE 1

UPPER LIMIT OF THE SALARIES AND ALLOWANCES OF PREMIERS, MEMBERS OF EXECUTIVE COUNCILS AND MEMBERS OF PROVINCIAL LEGISLATURES WITH EFFECT FROM 1 APRIL 2002

SCHEDULE 2