| (1) |
The basis for a curator's remuneration shall be determined— |
| (a) |
by the Court Order contemplated in section 5(5) of the Act; or |
| (b) |
by the appointment letter contemplated in section 5(11) of the Act. |
| (2) |
Where the curator is— |
| (a) |
an auditor, the remuneration shall be based on the Auditor-General's tariff for outsourced arrangements; |
| (b) |
an advocate or attorney, the fee should be reasonable and in accordance with the norms of the legal profession as agreed between the registrar and the curator; or |
| (c) |
any other person, the fee must be reasonable and fixed by agreement between such person and the registrar, |
provided that in the case of subparagraphs (a) and (b) the remuneration may be limited to a fixed amount or other reasonable amount as agreed between the curator and the registrar.
| (a) |
Where the institution does not have or control sufficient financial resources to cover the curator's remuneration, a curator may propose to the registrar a different basis for remuneration, including an arrangement whereby the curator will be entitled to a percentage of assets added to the estate of the institution or to the curatorship from time to time, but where the curator will not charge fees or disbursements in relation to the curatorship if no assets are so added. |
| (b) |
Any such arrangement proposed by a curator must be— |
| (i) |
sanctioned in terms of an order of court as contemplated in section 5(5)(c) of the Act; or |
| (ii) |
in the case of a curatorship under section 5(10) agreed to by the institution; |
and may, in both instances, be made subject to a limitation.
Basic Conditions of Employment Act, 1997
