PUBLIC PROTECTOR SERVICE CONDITIONS

1. SALARY

An annual salary at a rate equal to that of a Judge of Appeal of the Supreme Court of South Africa.

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%.

2A ENTERTAINMENT ALLOWANCE

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

3. GRATUITY

3.1 On vacation of office a gratuity calculated in accordance with the formula-

D/7 x 2 x (E+3) x F,

In which formula the factor

(a) D represents the salary (basic per annum) which at the time of his or her vacation of office was applicable to the office of the Public Protector;

(b) E represents the period in years of his or her period in such office; and

(c) F represents the provision for the calculation of income tax calculated at a marginal rate of 40 %.

3.2 The surviving spouse of the Public Protector who died before his or her term of office as Public Protector has expired, shall be paid an amount equal to the amount of the gratuity which would in terms of paragraph 3.1 have been payable to the Public Protector had he or she not died but, on the date of his or her death, vacated his or her office in terms of that paragraph: Provided that factor E in the formula referred to in paragraph 3.1 shall be deemed to be no less than 4.

4. MEDICAL SCHEME

A contribution is made towards a medical scheme equal to the contribution made in respect of a Judge of Appeal.

5. MOTOR VEHICLE SCHEME

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.

6. LEAVE

The Speaker may grant leave to the Public Protector for a period of three and a half months for every period of four years' service completed by the Public Protector, or for such shorter period and subject to such conditions as the Speaker may in any particular case deem fit.

6.1A In addition to the leave referred to in subparagraph 6.1, the Public Protector may take vacation leave for a period not exceeding 36 calendar days per year.

6.2 If according to a certificate of a medical practitioner, it appears that owing to illness the Public Protector cannot perform his or her duties for a specified period, the Speaker may grant the Public Protector sick leave for that period.

6.3 If, in exceptional circumstances, the Speaker is satisfied that leave for which no provision has been made in this determination, should be granted in a specific case, he or she may grant such leave on such conditions as he or she may deem necessary.

6.4 No leave which may be granted in terms of this determination shall be accumulative, and no salary or allowance shall be claimed in respect of leave which could have been taken but which was not utilized.

6.5 The Chief Administrative Officer appointed in terms of section 3(1) (b) of the Public Protector Act, 1994 (Act No. 23 of 1994), shall keep a record of leave taken by and granted to the Public Protector.

7 SETTLEMENT ALLOWANCE

7.1 An allowance of [R3 500.00] P5 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

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 1 750.00] R 2463.00 per month.

New Insertion

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.

8 TRANSPORT AND SUBSISTENCE ALLOWANCE

8.1 If the Public Protector is required to perform official duties away from the seat of the Public Protector's office, he or she may make use of government transport: Provided that in the case of motor vehicle transport, an official driver shall be made available to the Public Protector if or she certifies that he or she cannot reasonably dispense with the services of an official driver.

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 [of RI per kilometer] equal to the compensation paid to a Judge of Appeal for use of private transport in performing any official duties away from headquarters

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 [of R300.00 for every 24 hours] 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.

8.4 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 of absence.

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 [of R55.00] equal to the allowance payable to a Judge of Appeal who is absent from his or her headquarters for a period of less than 24 hours shall be paid.

8.5A If the amount payable in terms of subparagraphs 8.3, 8.4 or 8.5 is less than the amount which the Public Protector reasonably had to spend in respect of subsistence, an amount equal to the amount so spent may be paid to the Public Protector.

8.6 When a person is appointed to the office of Public Protector and the seat of the Public Protector's office is not situated at the place where he or she resides on appointment, the cost of the transport of the Public Protector and his or her family, domestic workers and effects to the seat of the Public Protector's office shall be defrayed from public funds.

8.7 When effects have to be transported the office of the Public Protector shall obtain written tenders from at least three cartage contractors for the packing, loading, unloading and unpacking of the effects for transport by train and, should the Public Protector so prefer, for the transport thereof by road.

8.8 The lowest tender for the packing, loading, unloading and unpacking of the effects shall be accepted by the office of the Public Protector, but 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.

8.9 The State shall not be responsible for any insurance premiums in respect of the transportation of effects: Provided that premiums in respect of insurance cover in the case of the transport of effects by road may be paid from public funds if the lowest tender for road transport includes such premiums as an integral part thereof.

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.

8.11 On-

(i) removal from office;

(ii) vacation of his or her office; or

(iii) the death of the Public Protector,

his or her effects may be transported, once only, at State expense to any place in the Republic of South Africa where he or she or the surviving spouse, as the case may be, is to settle.