Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Public Protector Act, 1994 (Act No. 23 of 1994)2. Remuneration, vacancies in office and other terms and conditions of employment by Public Protector |
| (1) | The National Assembly shall refer to a committee of the National Assembly the— |
| (a) | nomination of a person in terms of section 193(5)(a) of the Constitution to be appointed as Public Protector; |
| (b) | nomination of a person in terms of section 2A(3) to be appointed as Deputy Public Protector; |
| (c) | consideration in terms of section 194(1)(b) and (3)(a) of the Constitution of the removal from office of the Public Protector; |
| (d) | consideration in terms of section 2A(9)(b) and (11)(a)(ii) of the removal from office of the Deputy Public Protector; and |
| (e) | consideration of any other matter that can be referred to such a committee in terms of the Constitution or this Act. |
[Section 2(1) substituted by section 3(b) of Act No. 22 of 2003]
| (2) | The remuneration and other terms and conditions of employment of the Public Protector shall from time to time be determined by the National Assembly upon the advice of the committee: Provided that such remuneration— |
| (a) | shall not be less than that of a judge of a High Court; and |
| (b) | shall not be reduced, nor shall the terms and conditions of employment be adversely altered, during his or her term of office. |
[Section 2(2) substituted by section 5(b) of Act No. 113 of 1998]
| (3) | The National Assembly or, if Parliament is not in session, the committee may allow a Public Protector to vacate his or her office— |
| (a) | on account of continued ill-health; or |
| (b) | at his or her request: Provided that such request shall be addressed to the National Assembly or the committee, as the case may be, at least three calendar months prior to the date on which he or she wishes to vacate such office, unless the National Assembly or the committee, as the case may be, allows a shorter period in a specific case. |
[Section 2(3) substituted by section 5(c) of Act No. 113 of 1998]
| (4) | If the committee allows a Public Protector to vacate his or her office in terms of subsection (3), the chairperson of the committee shall communicate that fact by message to the National Assembly: Provided that any decision taken by the committee in terms of this subsection must be ratified by the National Assembly. |
[Section 2(4) substituted by section 5(d) of Act No. 113 of 1998]
| (5) | The Public Protector may, at any time, approach the committee with regard to any matter pertaining to the office of the Public Protector. |
[Section 2(5) substituted by section 5(e) of Act No. 113 of 1998]
[Section 2 substituted by section 3(a) of Act No. 22 of 2003]
