Remuneration of Public Office Bearers Second Amendment Act

4 July 2000 N(). 672, ~ Juiic 2000 . ,\’[). 21.742 Ad No. 21, 2(W RE311’XERATIOS OF” PIBLIC OFFICE BEARE1<S SECON[) .Akl ENDMl;N7” ACT. 2000 GOVERN\ lliNT G,\/. ETTE. 4 .lLll,l’ 2[)()[) GENERAL EXPI.AN$TORJ’ NOTE: [ 1 Words in bold type in square brackets indicate omissions from existing entictrnents. Words underlined with a solid line indicate insertions in exis[ing enactments. (English te.rt sisned by the Pre.sidenr.) (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 belomz; and to make certain textual alterations: and to provide for matters connected th&-ewith. B E I T E N A C T E D 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 5 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- (u) 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— ((7) 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 where only an allowance has been determined in terms of subsection ( I ) 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) 10 15 20 -1 x{). 21.342 ,fc’1 N). 21, 2000 RF. NIL”SERATIOX of PL”BILIC OI;[-’ICE II MR[; RS SECOND ,A\lIiNI)AIF.ST ACT. 2000 mVmih It:iW (i.\Zi;TTl.. 4 III > 2(K)(I (h) by the suhstitu[it)n in subsection (4) fo: the words ‘“salaries imd Jlio\vances” of [he worcis “’wlwie>. allowwlccs 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 wbsection (2) for the word~ ‘“Subject to” ofthe word “Despite”. Amendment of section 8 of Act 20 of 1998

4. Section 8 of [he principal ACI is amended by the substi~u(ion for subsection (5) of the following subsection: “(S) (~~) The UpPel” iilmit of’ [he cent]-ibulion 10 be made (o 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 consider~tion 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)(u) 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 takn~ into consideration the recommendations of the C o m m i s s i o n. (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.”. 5 10 15 Z() 25 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”. 30 Short title

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