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National Prosecuting Authority Act, 1998 (Act No. 32 of 1998)

Chapter 3 : Appointment, Remuneration and Conditions of Service of Members of the Prosecuting Authority

18. Remuneration of Deputy Directors and prosecutors

 

(1) Subject to the provisions of this section, any Deputy Director or prosecutor shall be paid a salary in accordance with the scale determined from time to time for his or her rank and grade by the Minister after consultation with the National Director and the Minister for the Public Service and Administration, and with the concurrence of the Minister of Finance, by notice in the Gazette.

 

(2) Different categories of salaries and salary scales may be determined in respect of different categories of Deputy Directors and prosecutors.

 

(3) A notice in terms of subsection (1) or any provision thereof may commence with effect from a date which may not be more than one year before the date of publication thereof.

 

(4) The first notice in terms of subsection (1) shall be issued as soon as possible after the commencement of this Act, and thereafter such a notice shall be issued if circumstances, including any revision and adjustment of salaries and allowances of the National Director and magistrates since the latest revision and adjustment of salaries of Deputy Directors or prosecutors, so justify.

 

(5)

(a) A notice issued in terms of subsection (1) shall be tabled in Parliament within 14 days after publication thereof, if Parliament is then in session or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.
(b) If Parliament by resolution disapproves such a notice or any provision thereof, that notice or that provision, as the case may be, shall lapse to the extent to which it is so disapproved with effect from the date on which it is so disapproved.
(c) The lapsing of such a notice or provision shall not affect—
(i) the validity of anything done under the notice or provision up to the date on which it so lapsed; or
(ii) any right, privilege, obligation or liability acquired, accrued or incurred as at that date under or by virtue of the notice or provision.

 

(6) The salary payable to a Deputy Director or a prosecutor shall not be reduced except by an Act of Parliament: Provided that a disapproval contemplated in subsection (5)(b) shall, for the purposes of this subsection, not be deemed to result in a reduction of such salary.