National Assembly Members' Emoluments Act

Act 4 of 1993

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Citation
Act 4 of 1993
Date
30 June 2012
Language
English
Type
Act
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National Assembly Members' Emoluments Act

Act 4 of 1993

  • Commenced on 21 June 1993
  • [This is the version of this document as it was at 30 June 2012 to 31 March 2014.]
[Act 4 of 1993; Act 12 of 1998; Act 2 of 2004; Act 6 of 2007; Act 8 of 2008]

1. Short title

This Act may be cited as the National Assembly Members' Emoluments Act.

2. Salary, pension and gratuity of the Speaker and Deputy Speaker

(1)There shall be paid to the Speaker of the National Assembly—
(a)a monthly salary of R34,000 payable in arrears;
(b)at the end of each year or where the office of the Speaker becomes vacant before the end of the year on the occurrence of the vacancy a gratuity of an amount equal to 25% of the total salary for that year or that part of the year, as the case may be.
(c)upon ceasing to hold office, a pension of an amount equivalent to 5/12 of 1% of the monthly salary of that office, or, of any other designated office specified under section 8(1) of the Constitutional Appointees' Emoluments Act, in respect of each completed month of service, up to a maximum of 180 months, subject to section 8(3), (4), and (5) of the said Act.
(1A)*There shall be paid to a person vacating the office of the Speaker of the National Assembly otherwise than under article 83(3)(c) of the Constitution, a gratuity of an amount equal to 50% of the aggregate salary for the immediately preceding period of the office of the Speaker.*The amendments made by Act 2 of 2004 is deemed to have come into effect on 1st January 2004.
(2)There shall be paid to the Deputy Speaker of the National Assembly—
(a)a monthly salary of R14,600 payable in arrears;
(b)at the end of the session of the National Assembly of which the Deputy Speaker was Deputy Speaker or, where the Deputy Speaker ceases to be Deputy Speaker before the end of the session, on ceasing to be Deputy Speaker, a gratuity of an amount equal to 50% of the total salary paid for the period for which the Deputy Speaker was Deputy Speaker in that session.
(c)at the end of each year or where the office of the Deputy Speaker becomes vacant before the end of the year, on the occurrence of the vacancy, a gratuity of an amount equal to 25% of the total salary for that year or that part of the year, as the case may be; and
(d)upon ceasing to hold office, a pension of an amount equivalent to 5/12 of 1% of the monthly salary of that office, or, of any other designated office specified under section 8(1) of the Constitutional Appointees' Emoluments Act, in respect of each completed month of service, up to a maximum of 180 months, subject to section 8(3), (4), and (5) of the said Act.

3. Salary, pension and gratuity of the Leader of the Opposition

(1)There shall be paid to the Leader of the Opposition of the National Assembly—
(a)a monthly salary of R28,000 payable in arrears;
(b)at the end of each year or, where the office becomes vacant before the end of year, on the occurrence of the vacancy, a gratuity of an amount equal to 25% of the total salary for that year or that part of the year, as the case may be.
(c)upon ceasing to hold office, a pension of an amount equivalent to 5/12 of 1% of the monthly salary of that office, or, of any other designated office specified under section 8(1) of the Constitutional Appointees' Emoluments Act, in respect of each completed month of service, up to a maximum of 180 months, subject to section 8(3), (4), and (5) of the said Act.
(2)There shall be paid to a person ceasing to hold the office of the Leader of the Opposition *otherwise than under article 83(3)(d) of the Constitution, a gratuity of an amount equal to 50% of the aggregate salary and allowance paid under subsection (1)(a) and (b) for the immediately preceding period of office as the Leader of the Opposition.*The amendments made by Act 2 of 2004 is deemed to have come into effect on 1st January 2004

3A. Salary, pension and gratuity of Leader of Government Business

(1)There shall be paid to the Leader of Government Business of the National Assembly—
(a)a monthly salary of R28,000 payable in arrears;
(b)at the end of each year, or where the appointment terminates before the end of a year, on the termination thereof, a gratuity of an amount equal to 25% of the total salary for that year or that part of the year, as the case may be;
(c)upon ceasing to hold office otherwise than by the revocation of the appointment, a gratuity of an amount equal to 50% of the total salary paid for the immediately preceding period of office as the Leader of Government Business; and
(d)upon ceasing to hold office, a pension of an amount equivalent to 5/12 of 1% of the monthly salary of that office, or, of any other designated office specified under section 8(1) of the Constitutional Appointees' Emoluments Act, in respect of each completed month of service, up to a maximum of 180 months, subject to section 8(3), (4), and (5) of the said Act.
(2)For the purposes of this section, the "Leader of Government Business" means the person appointed by the President to be the Leader of Government Business from among the members of the National Assembly.

4. Salary, pension and gratuity of Members of the National Assembly

There shall be paid to a Member of the National Assembly other than the Speaker, Deputy Speaker or Leader of the Opposition—
(a)a monthly salary of R13,700 payable in arrears;
(b)at the end of the session of the National Assembly of which the member was a member or, where the member ceases to be a member before the end of the session, on ceasing to be a member, a gratuity of an amount equal to 50% of the total salary paid for the period for which the member was a member in that session.
(c)at the end of each year or where the office of a Member of the National Assembly becomes vacant before the end of the year, on the occurrence of the vacancy, a gratuity of an amount equal to 25% of the total salary for that year or that part of the year, as the case may be; and
(d)upon ceasing to hold office, a pension of an amount equivalent to 5/12 of 1% of the monthly salary of that office, or, of any other designated office specified under section 8(1) of the Constitutional Appointees' Emoluments Act, in respect of each completed month of service, up to a maximum of 180 months, subject to section 8(3), (4), and (5) of the said Act.

4A. Reduction of emoluments

(1)Notwithstanding the preceding provisions of this Act, where a member of the National Assembly, other than the Speaker, without leave of absence fails to attend, or does not attend upon being suspended under standing order 48, 1 or more sittings of the National Assembly in any month, the amount of the salary and allowance payable under any of the preceding provisions of this Act to the member for that month shall be reduced by R1000 in respect of each such sitting.
(2)Where such member is absent from 2 consecutive sittings, in addition to the reduction referred to in subsection (1), the payment of the salary of the member shall be suspended until the member next attends the sittings of the National Assembly or the Speaker approves payment, whichever is the sooner.
(3)The leave of absence referred to in subsection (1) shall be granted by the Speaker.

5. Tax exemption

The salary, pension and gratuity paid under this Act shall be exempt from tax on income or profit
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History of this document

01 April 2014 amendment not yet applied
30 June 2012 this version
Consolidation
21 June 1993
Commenced