2. NON TAXABLE ALLOWANCE

A non-taxable allowance of [R3 500.00] R 4 925.00 per annum which increases on October of each year with 5%.

An entertainment allowance of [R2 250.00] R 3 165.00 per annum which increases on October of each year with 5%.

A motor vehicle owned by the State may, on such conditions as the Minister [of) for Justice and Constitutional Development may determine with the concurrence of the Minister of Transport in respect of Judges of the Supreme Court, be made available to the Public Protector for use, in accordance with the conditions so determined, in the course of his or her official functions as well as his or her private purposes.

600.00 per month shall be paid to the Public Protector 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.

S 15(1) of the Regulations provide:

An allowance of P700 for every completed period of 24 hours of actual presence for the purposes of a session of the Supreme Court of Appeal in Bloemfontein or at the seat of the Constitutional Court, as the case may be, and, if applicable, an allowance calculated in terms of sub regulation(3) for an uncompleted part of such period, is payable to the Chief Justice or acting Chief Justice or the President or acting President of the Supreme Court of Appeal if or she resides permanently elsewhere than in Bloemfontein or Gauteng, as the case may be: Provided that he or she resides permanently in Bloemfontein or Gauteng, as the case may be, an allowance of P 5 600 per month will be paid to him or her.

7.2 If the amount payable in terms of subparagraph 7.1 is less than the amount which the Public Protector reasonably had to spend in respect of his or her settlement at his or her seat, an amount equal to the amount so spent may be paid to the Public Protector:

Provided that the period during which such higher amount may be paid, shall not exceed three months from the date of taking up office by the Public Protector:

Provided further that such higher amount shall not exceed [R 1 750. 001 R 2463.00 per month.

There is no corresponding provision in the Regulations.

S11(3) of theRegulations provide:

If a Constitutional Court judge, judge, or acting judge uses private transport in performing any official duties referred to in sub regulation(1) he or she is to be compensated at a tariff of R1 80 per kilometre.

Performing any official duties away from headquarters.

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 [of R300.00 for every 24 hours] equal to an allowance payable to the spouse of a

of Appeal, if the Public Protector attends occasions in his or her official capacity.

5i2(2y read with 5 14(1) of the

Regulations provides:

5 12(2) A Constitutional Court judge, judge or acting judge is entitled to be accompanied by his or her spouse on official journeys at State expense if she or he uses the same motor vehicle as the Constitutional Court judge, judge or acting judge, and to claim in respect of his or her spouse the subsistence allowance prescribed in regulation 14(1) if the Constitutional Court judge, judge or acting judge --(a) is on circuit duty;

(b) is on official duties as contemplated by section 3(4) of the Supreme Court Act, 1959 (Act No 59 of 1959), with the exception of official duties in the Witwatersrand Local Division of the High Court of South Africa;

(c) is on official duties as contemplated by section 3(5) of the Supreme Court Act, 1959 (Act No.59 of 1959);

(d) performs service away from his or

S14(1)(a) of the A Constitutional Court judge, judge or acting judge on official duties away from his or her headquarters or on circuit duty and an acting judge whose headquarters are situated outside the district in which he or she permanently resides is entitled to an all-inclusive subsistence allowance or R600 for every 24 hours that he or she is actually absent from his or her headquarters or home during his or her appointment, as the case may be.

8.4 National and International Visits

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 [of R

300.00 for every 24 hours] that he or she is actually absent from the seat equal to the allowance payable to a Judge of Appeal who is absent from his or her headquarters in the case of a national visit and in the case of an international visit, equal to an allowance payable to a Minister as determined by the Department of Public Service and Administration from time to time. The allowance for an uncompleted period of 24 hours shall be calculated proportionately according to the number of full hours

S14(1)(a) of the A Constitutional Court judge, judge or acting judge on official duties away from his or her headquarters or on circuit duty and an acting judge whose headquarters are situated outside the district in which he or she permanently resides is entitled to an all-inclusive subsistence allowance or R600 for every 24 hours that he or she is actually absent from his or her headquarters or home during his or her appointment, as the case may be.

8.5 For a period of absence on official S14(3) of the Regulations provides on official duties of less than 24 hours in the For a period of absence on official circumstances referred to in duties of less than 24 hours in the paragraph 8.4, an all-inclusive circumstances referred to in subsistence allowance [of R55.00] paragraph 8.4, an all-inclusive equal to the allowance payable to a subsistence allowance of RSS.00 Judge of Appeal who is absent from shall be paid.

his or her headquarters for a period of less than 24 hours shall be paid.

S14(3) of the Regulations provides

For a period of absence on official in duties of less than 24 hours in the circumstances referred to in paragraph 8.4, an all-inclusive circumstances referred to in subsistence allowance [of R55.00] paragraph 8.4, an all-inclusive subsistence allowance of R55.00 shall be paid.

8.10 The Speaker may in exceptional cases approve the transportation of the effects of the Public Protector at State expense and their storage in a warehouse at his or her previous home and at the seat of the Public Protector's office for a period not exceeding 12 months, and, thereafter, their transport to his or her new home: Provided that the office of the Public Protector shall call for at least three tenders for the performance of the services and the lowest tender shall be accepted by him or her:

Provided further that the Speaker may approve the acceptance of a higher tender if, in his or her opinion, there are good reasons for rejecting 'the lowest tender.