South African Human Rights Commission Act, 2013 (Act No. 40 of 2013)

Regulations

Regulations for the Staff of the Human Rights Commission, 1996

Chapter V : Allowances

11. Resettlement costs

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(1) The following expenditure incurred by a member of staff when he or she is appointed or transferred may be paid to him or her:
(a) The reasonable actual travelling and subsistence expenditure resulting from—
(i) a single visit prior to his or her appointment or transfer by the member of staff and a member of his or her household for a period not exceeding seven days to the headquarters or new headquarters; and
(ii) the transfer of the member of staff and his or her household to the new headquarters.
(b) The reasonable actual expenditure incidental to the transport of the personal possessions of the member of staff and his or her household, including the packing thereof and the eventual unpacking at his or her permanent accommodation, as well as comprehensive insurance cover thereof: Provided that the said expenditure shall be incurred before the expiry of six months after the appointment or transfer.
(c) The reasonable actual expenditure incidental to the storage of the personal possessions of the member of staff and his or her household for a period not exceeding two months, as well as comprehensive insurance cover thereof during that period.
(d) The reasonable actual expenditure with regard to the interim accommodation of the member of staff and his or her household in rented, furnished accommodation at the existing headquarters for a period not exceeding seven days under circumstances that prevent further stay in the normal place of residence, and at the new headquarters for a period not exceeding seven days under circumstances that prevent immediate occupation of permanent accommodation, or for a period not exceeding two months while permanent accommodation is being sought or while circumstances exist that prevent the occupation of permanent accommodation within seven days, in which case the prior written permission of the chief executive officer is required.
(e) The expenditure with regard to customs duty, import tax or value added tax and other levies or moneys with regard to the transport of private motor vehicles across international borders.
(f) Any costs, including the transfer costs of the property, bond costs, costs for the drafting of a deed of sale, value added tax and inspection fees resulting from the transfer on the purchase of a dwelling or the purchase of a building site and the erection of a dwelling thereon: Provided that first-time home buyers shall not be compensated for these costs.
(g) A non-recurrent amount mentioned in Part 5 of Schedule B for each school-going child to defray expenditure on school books, uniforms, sport outfits and other necessities.
(h) A non-recurrent amount to defray miscellaneous expenditure, for which specific provision has not been made elsewhere in these regulations, on the following basis:
(i) If furnished accommodation is occupied permanently: An amount equal to 25% of the member of staff's basic monthly salary as at the date of resettlement, subject to the minimum and maximum amounts set out in Part 6 of Schedule B.
(ii) If unfurnished accommodation is occupied permanently—
(aa) an amount equal to 50% of an unmarried member of staff's basic monthly salary as at the date of resettlement, subject to the minimum and maximum amounts set out in Part 6 of Schedule B; or
(bb) an amount equal to a full month's basic salary of the member of staff with dependants as at the date of resettlement, subject to the minimum and maximum amounts set out in Part 6 of Schedule B.

 

(2) A member of staff and his or her household, who, on vacation of office in terms of regulation 22(1)(c) or (f), or on the death of the member of staff, within six months of vacation of office or death, move from an existing place of residence to a place in the Republic where he or she and his or her household are desirous to live, may receive non-recurrent compensation for the expenditure for travelling, as well as the transport, insurance and storage costs of his or her personal possessions on the same basis as set out in paragraphs (a)(ii), (b), (c), (d) and (e) of subregulation (1).

 

(3) If a member of staff who is on official duty away from his or her headquarters or stationed in a foreign country, including his or her spouse accompanying him or her for official purposes, dies, the additional expenditure (excluding funeral costs) that result from such death at another place than his or her headquarters or in the Republic may be paid.

 

(4) The conditions, guidelines, procedure and requirements in respect of the payment of the expenditure referred to in this regulation shall be determined by the chief executive officer.

 

(5) The chief executive officer may extend the periods and increase the amounts referred to in this regulation.