Auditor-General Act, 1995 (Act No. 12 of 1995)2. Conditions of service of Auditor-General |
| (1) | If an officer or employee in the public service or in the Office, or a member of the Commission who immediately prior to his or her appointment as such a member, was such an officer or employee, is appointed in terms of section 191(2) of the Constitution, or acts as Auditor-General in terms of section 191(5) of the Constitution, the period of his or her service as Auditor-General shall for the purposes of leave and pension be reckoned as part of and continuous with his or her employment in the public service or in the Office, as the case may be, and in the case of a member of the Commission, of that service which in terms of section 3(4)(a) of the Commission for Administration Act, 1984 (Act No. 65 of 1984), is reckoned as part of and continuous with his or her employment in the public service, and the provisions of any pensions Act applicable to him or her as such officer or employee or, in the event of his or her death, to his or her dependants, and which are not inconsistent with this section, shall mutatis mutandis continue so to apply. |
| (2) |
| (a) | The basis of remuneration and other conditions of service of the Auditor-General shall be determined by the Audit Commission. |
| (b) | A determination by the Audit Commission in terms of paragraph (a) shall be made on the basis of consensus, but if consensus cannot be reached the matter shall be decided by resolution of a majority of at least two thirds of all the members of the Audit Commission. |
| (3) |
| (a) | The President may allow the Auditor-General at his or her written request, to vacate his or her office— |
| (i) | on account of continued ill-health; or |
| (ii) | for any other reason which the President deems sufficient. |
| (b) | If the Auditor-General is allowed to vacate his or her office— |
| (i) | in terms of paragraph (a)(i), he or she shall be entitled to such pension as he or she would have been entitled to under the pensions Act applicable to him or her if his or her services had been terminated on the ground of continued ill-health occasioned without his or her being instrumental thereto; or |
| (ii) | in terms of paragraph (a)(ii), he or she shall be entitled to such pension as he or she would have been entitled to under the pensions Act applicable to him or her had he or she been compelled to retire owing to the abolition of his or her post. |
| (4) | If the Auditor-General's term of office expires, he or she shall be deemed to have retired on the date of such expiration and he or she shall be entitled to such pension as he or she would have been entitled to under the pensions Act applicable to him or her had he or she been compelled to retire from the service of the Office owing to the abolition of his or her post. |
| (5) | The conditions of service applicable to the person who immediately prior to the date of commencement of this Act occupied the post of Auditor-General, shall not be altered to his or her detriment, and no such condition of service shall at any time be construed or applied in a manner which is less favourable to the person concerned than the manner in which it was construed or applied immediately prior to the said date. |