PUBLIC PROTECTOR

20 November 2002

Dear Dr Maduna

RE: CONDITIONS OF SERVICE OF THE PUBLIC PROTECTOR

I request the Honorable Minister to kindly approach the relevant committee in the National Assembly with the request that the following necessary adjustments to my conditions of service be effected as suggested hereunder:

These conditions of service were determined by the National Assembly on 13 September 1995 and amended on 18 October 1996 They have thus been fixed 7 years ago and the real value has diminished substantially because of inflation.

The conditions of service of the Public Protector are set at the approximate level of a Judge of Appeal. In instances where these conditions appear to be slightly better than that of a Judge of Appeal, it should be kept in mind that the Public Protector has a staff of 140 and substantial management responsibilities which a Judge of Appeal does not have. There are presently nine Regional Offices throughout the country all of which is administered by the Public Protector I suggest that we meet at some later stage to discuss the ranking of the Office of the Public Protector which, I submit, is not commensurate with the duties and functions attached to it.

It will furthermore be appreciated if these conditions could be amended with effect from 1 November 2002, which is the date on which I officially assumed duties as Public Protector.

Amendments requested

1. The substitution for paragraph 2 of the conditions of service (non-taxable allowance of R3 500 p a) of the following paragraph:

"2. A non-taxable allowance of R4 925 per annum, which increases On October of each year with 5%"

Note: A moderate 5% inflation increase over 7 years has been allowed for.

2. The substitution of paragraph 2A of the conditions of Service (entertainment allowance of R2 250 p a) of the following paragraph:

2A. An entertainment allowance of R3 165 per annum, which increases on October of each year with 5%

Note: A moderate 5% inflation increase over 7 years has been allowed for.

3. The substitution of paragraph 7.1 of the conditions of service (settlement allowance of R3 500 p m) of the following paragraph:

"7.1 An allowance of R5 600 shall be paid to the Public Projector for purposes of settlement at the seat of the Public Protector's office, which allowance shall be adjusted from time to time in accordance with the settlement allowance payable to a Judge of Appeal residing permanently at the seat of the court"

Note: A settlement allowance equal to that paid to a Judge of Appeal who resides permanently in Bloemfontein1 has been allowed for -see regulation 15.1 of the Schedule to Government Notice R. 894 (Judges' Remuneration and Conditions of Employment Act (47/2001): Regulations), dated 5 July 2002.

4. The substitution of the further proviso to paragraph 7,2 of the conditions of service (payment of higher amount of R1 750 p m for settlement during first three months) of the following further proviso:

"Provided further that such higher amount shall not exceed R2 453 per month."

Note: A moderate 5% inflation increase over 7 years has been allowed for,

5. The substitution of paragraph 8.2 of the conditions of service (tariff of R1 per km for use at private transport) of the following paragraph:

"8,2 If the Public Protector uses private transport in performing any official duties referred to in paragraph 8.1, he or she may be compensated at a tariff equal to compensation paid to a Judge of Appeal for use of private transport in performing any official duties away from headquarters."

Note: Compensation equal to that paid to a Judge of Appeal has been allowed for see regulation 11(3) of the Schedule to Government Notice R.894 (Judges' Remuneration and Conditions of Employment Act (47/2001): Regulations), dated 5 July 2002. Presently the compensation is R1,80 per kilometer.

6. The substitution of paragraph 8.3 of the Conditions of service (Subsistence allowance of R300 payable to spouse) of the following paragraphs

8.3 The Public Protector shall be entitled to be accompanied by his or her spouse on official journeys at state expense if he or she uses the same vehicle as the Public Protector, and may claim in respect of such spouse a subsistence allowance equal to an allowance payable to the spouse of a Judge of Appeal, if the Public Protector attends occasions in his or her official capacity."

Note: Subsistence equal to that paid to the spouse of a Judge of Appeal who accompanies the Judge on official journeys has been allowed for-see regulation 12(2), read with regulation 14.1 of the Schedule to Government Notice R.894 (Judges Remuneration and Conditions of Employment Act (47/2001): Regulations), dated 5 July 2002. At present this allowance comes to R600 for every 24 hours actually absent from headquarters

7. The substitution for paragraph 8.4 of the conditions of service (subsistence allowance of R300 payable to Public Protector) of the following paragraph:

"The Public Protector, when on official duty away from the seat of the Public Protector's office, is entitled to an all-inclusive subsistence allowance when he or she is actually absent from the seat equal to an allowance payable to a Judge of Appeal who is absent from his or her headquarters. The allowance for an uncompleted period of 24 hours shall be calculated proportionately according to the number of full hours of absence."

Note: Subsistence equal to that paid to a Judge of Appeal absent from his seat, has been allowed for - see regulation 14.1(a) of the Schedule to Government Notice R. 894 (Judges’ Remuneration and Conditions of Employment Act (47/2001): Regulations), dated 5 July 2002. At present this allowance comes to R600 for every 24 hours actually absent from headquarters.

8. The substitution for paragraph 8.5 of the conditions of service (subsistence allowance of R55 for periods less than 24 hours) of the following paragraph:

"8.5 For a period of absence on official duties of less than 24 hours in the circumstances referred to in paragraph 8.4, an all-inclusive subsistence allowance equal to an allowance payable to a Judge of Appeal who is absent from his or her headquarters for a period of less than 24 hours."

Note: Subsistence equal to that paid to a Judge of Appeal absent from his seat for less than 24 hours, has bees allowed for- see regulation 14.(3) of the Schedule to Government Notice R.894 (Judges’ Remuneration and Conditions of Employment Act (47/2001): Regulations), dated 5 July 2002. At present this allowance comes to R110.

9. The insertion of the following paragraph after paragraph 7.2:

"7.3 An allowance equal to the minimum wage determined by law, plus 20%, shall be paid to the Public Protector for the payment of a domestic help at his residence in Pretoria."

Note: The Public Protector is appointed for a 7 year period. As such he is obliged to acquire a second home in Pretoria at the seat of the office of the Public Protector, and is obliged to contract domestic help, while having to maintain the expenses of his original. home.

Your assistance in the above regard is appreciated. With kind regards

MR M L MUSHWANA

PUBLIC PROTECTOR