Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/100

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Act No. 108, 1996

Constitution of the Republic of South Africa, 1996

Chapter 13—Finance

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Council of Provinces, members of the Cabinet, Deputy Ministers, traditional leaders and members of any councils of traditional leaders; and

(b)

the upper limit of salaries, allowances or benefits of members of provincial legislatures, members of Executive Councils and members of Municipal Councils of the different categories.

(2)

National legislation must establish an independent commission to make recommendations concerning the salaries, allowances and benefits referred to in subsection (1).

(3)

Parliament may pass the legislation referred to in subsection (1) only after considering any recommendations of the commission established in terms of subsection (2).

(4)

The national executive, a provincial executive, a municipality or any other relevant authority may implement the national legislation referred to in subsection (1) only after considering any recommendations of the commission established in terms of subsection (2).

(5)

National legislation must establish frameworks for determining the salaries, allowances and benefits of judges, the Public Protector, the Auditor-General, and members of any commission provided for in the Constitution, including the broadcasting authority referred to in section 192.

Financial and Fiscal Commission

Establishment and functions

220.

(1)

There is a Financial and Fiscal Commission for the Republic which makes recommendations envisaged in this Chapter, or in national legislation, to Parliament, provincial legislatures and any other authorities determined by national legislation.

(2)

The Commission is independent and subject only to the Constitution and the law, and must be impartial.

(3)

The Commission must function in terms of an Act of Parliament and, in performing its functions, must consider all relevant factors, including those listed in section 214(2).

Appointment and tenure of members

221.

(1)

The Commission consists of the following women and men appointed by the President, as head of the national executive:

(a)

A chairperson and a deputy chairperson, who are full-time members;

(b)

nine persons each of whom is nominated by the Executive Council of a province, with each province nominating only one person;

(c)

two persons nominated by organised local government in