[Section 5 heading substituted by section 29 (c) of Act No. 41 of 2003]
| (1) | Traditional leaders, members of any local House of Traditional Leaders, members of any provincial House of Traditional Leaders and members of the National House of Traditional Leaders shall, despite anything to the contrary in any other law contained, be entitled to such salaries and allowances as may from time to time be determined by the President after consultation with the Premier concerned by proclamation in the Gazette, after taking into consideration— |
| (b) | the role, status, duties, functions and responsibilities of different categories of traditional leaders, different members of the local Houses of Traditional Leaders, different members of the Houses of Traditional Leaders in the various provinces and different members of the National House of Traditional Leaders; |
[Section 5(1)(b) substituted by section 29(c) of Act No. 41 of 2003]
| (c) | the affordability of different levels of remuneration of public office bearers; |
| (d) | the current principles and levels of remuneration in society generally; |
| (e) | the need for the promotion of equality and uniformity of salaries and allowances for equal work performed; |
| (f) | the enhancement of co-operation, unity and understanding between traditional communities nationally; |
| (g) | the extent of the role and functions of traditional leaders across provincial borders; and |
| (h) | inflationary increases. |
[Section 5(1) substituted by section 29(c) of Act No. 41 of 2003]
| (2) | Despite the provisions of subsection (1), a traditional leader, a member of a local House of Traditional Leaders, a member of a provincial House of Traditional Leaders or a member of the National House of Traditional Leaders who holds different public offices simultaneously, is only entitled to the salary, allowances and benefits of the public office for which he or she earns the highest income, but— |
| (a) | this subsection shall not preclude the payment of out of pocket expenses for the performance of functions other than those for which such office bearer receives such highest income; and |
| (b) | where only an allowance has been determined in terms of subsection (1) in respect of a traditional leader’s membership of a local House of Traditional Leaders, a provincial House of Traditional Leaders or the National House of Traditional Leaders, such a traditional leader shall be entitled to such an allowance in addition to his or her salary, allowances and benefits as a traditional leader. |
[Section 5(2) substituted by section 29(c) of Act No. 41 of 2003]
| (a) | The President may, if he or she deems it expedient after consultation with the Minister and the Premier concerned, by proclamation in the Gazette determine any benefits to which a traditional leader, a member of any local House of Traditional Leaders, a member of any Provincial House of Traditional Leaders or a member of the National House of Traditional Leaders shall be entitled, subject to such conditions as the President may prescribe. |
| (b) | If the President decides to determine such benefits, the criteria listed in paragraphs (a) to (h) of subsection (1) shall be applicable, with the necessary changes. |
[Section 5(3) substituted by section 29(c) of Act No. 41 of 2003]
| (4) | The amount payable in respect of salaries, allowances and benefits to traditional leaders, members of local Houses of Traditional Leaders, members of provincial Houses of Traditional Leaders and members of the National House of Traditional Leaders shall be paid from monies appropriated for that purpose by Parliament in respect of the National House of Traditional Leaders and by a provincial legislature in respect of traditional leaders, members of local Houses of Traditional Leaders and members of provincial Houses of Traditional Leaders, as the case may be. |
[Section 5(4) substituted by section 29(c) of Act No. 41 of 2003]
(5) [Section 5(5) deleted by section 29(c) of Act No. 41 of 2003]
| (6) | Despite the provisions of subsection (1), a member of the National House of Traditional Leaders shall be entitled to an allowance as determined by the President by proclamation in the Gazette for actual work performed with effect from 10 April 1997 until a determination is made in terms of subsection (1); |
[Section 5(6) substituted by section 29(c) of Act No. 41 of 2003]
