Remuneration of Public Office Bearers Act, 1998 (Act No. 20 of 1998)

Notices

Determination of Upper Limits of Salaries, Allowances and Benefits of Different Members of Municipal Councils

1. Definitions

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In this Schedule, unless the context indicates otherwise, a word or phrase to which a meaning has been assigned in the Remuneration of Public Office-bearers Act, 1998 (Act No. 20 of 1998) (hereinafter referred to as "the Act") and the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998) (hereinafter referred to as "the Structures Act"), has that meaning and—

 

“basic salary”

means the salary component of a councillor that excludes a travel allowance as provided in item (9)(1), housing allowance as provided in item 9(2), the municipal contribution to a pension fund as provided in item 12(1) and municipal contribution to a medical aid scheme as provided in item 12(2);

 

“capacity building programmes”

means training courses or programmes as provided for in the education, training and development policy of council, including training conducted by national departments, associated government agencies and SETAs, provincial departments, municipalities and organised local government through institutions of higher learning and Further Education and Training Colleges.

 

“full-time councillor”

means a councillor who has been elected or appointed to an office which has been designated as full-time in terms of section 18(4) of the Structures Act;

 

“grade”

in relation to this Notice means the grade of municipal council as determined in terms of item 4;

 

“MEC”

means the member of the Executive Council of a province responsible for local government in the province;

 

“oversight committee”

means a committee of the municipal council established in terms of section 79 or 79A of the Structures Act;

 

“part-time councillor”

means a councillor other than a full-time councillor;

 

‘‘pension fund’’

means any pension, provident or retirement annuity fund established and registered in terms of, and subject to, any law governing the registration and control of pension funds in the Republic of South Africa and to which an office bearer contributes or any pension scheme approved by Parliament for such office bearers;

 

"SETAs"

means the Sector Education and Training Authorities established in terms of section 9 of the Skills Development Act, 1998 (Act No. 97 of 1998);

 

“special risk cover”

means an insurance cover, provided to a councillor by the municipality, which covers the loss of or damage to a councillor’s personal immovable or moveable property and assets, excluding property used by such councillor for business purposes, as well as life and disability cover, for any loss or damage caused by riot, civil unrest, strike or public disorder;

 

“tools of trade”

means the resources provided by a municipal council to a councillor to enable such councillor to discharge his or her duties in the most efficient and effective manner, and at all times remain the assets of the municipality concerned;

 

“total municipal income”

means gross income in respect of a metropolitan, local or district municipality based on actual income received as stated in the cash flow statement of the audited financial statements of that municipality for the 2021/22 financial year. The gross income for the municipality will include the following:

rates on property;
fees for services rendered by the municipality, or on its behalf by a municipal entity;
surcharges;
other authorised taxes;
levies and duties;
income from fines for traffic offences and contravention of municipal by-laws or legislation assigned to the local sphere of government;
regional services council replacement grant for district municipalities;
interest earned on invested funds other than national and provincial conditional grants;
rental for the use of municipal movable or immovable property; and
amounts received as agent for other spheres of government.

The gross income excludes the following:

transfers and / or grants from the national fiscus and provincial fiscus, with the exception of regional services council replacement grant for district municipalities; and
all value added tax (VAT) refunds.

 

“total population”

means the official statistics of the population residing in the area of jurisdiction of a metropolitan, local or district municipality, as published in the Community Survey 2016: Statistical Release No. P0301, in terms of the Statistics Act, 1999 (Act No. 6 of 1999); and

 

“total remuneration package”

means the total cost to a municipality of a basic salary component, a motor vehicle allowance as provided in item 9(1), housing allowance as provided in item 9(2), the municipal contribution to a pension, provident or retirement annuity fund as provided in item 13(1) and municipal contribution to a medical aid scheme as provided in item 13(2) to a councillor in a municipal financial year.