CHAPTER 262
MINISTERIAL AND PARLIAMENTARY OFFICES (EMOLUMENTS) ACT

Arrangement of Sections

   Section

   1.   Short title

   2.   Salaries and allowances

   2A.   Constituency allowance

   3.   Allowances exempt from tax

   4.   Payment of Gratuity

   5.   Payments under this Act

   6.   Payment of Members of National Assembly in respect

   7.   No payment of salary during imprisonment, restriction or detention

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

AN ACT

to provide for revised salaries, and gratuity payable to the holders of the offices of Vice President, Speaker, Deputy Speaker, Minister, Deputy Minister, Leader of the opposition and member of the National Assembly; to repeal and replace the Central Committee, Ministerial and Parliamentary Offices (Emoluments) Act, and to provide for matters connected with or incidental to the foregoing.

[31st July, 1992]

Act 31 of 1992,

Act 46 of 1994,

Act 13 of 1995,

Act 19 of 1995,

Act 22 of 1996,

Act 27 of 1996,

Act 14 of 1997,

Act 15 of 1999,

Act 26 of 2000,

Act 8 of 2002,

Act 13 of 2005,

Act 12 of 2007,

Act 19 of 2008,

Act 13 of 2009.

 

{mprestriction ids="1,2,3"}

1.   Short title

    This Act may be cited as the Ministerial and Parliamentary Offices (Emoluments) Act.

 

2.   Salaries and allowances

   (1) There shall be paid to the holder of an office specified in the Schedule such salary and allowances as the Minister responsible for finance may prescribe, by statutory instrument, in consultation with the Standing Orders Committee of the National Assembly.

   (2) Notwithstanding the repeal of the First and Second Schedules to this Act, a holder of an office to whom Sub-section (1) applies shall continue to receive the salaries and allowances applicable until the coming into operation of such statutory instrument as the Minister responsible for finance may prescribe under sub-section (1).

[S 2 subs by s 2 of Act 13 of 2009.]

 

2A.   Constituency allowance

   (1) There shall be paid to a member of the National Assembly a constituency allowance calculated at such rate as the Minister responsible for finance may prescribe, by statutory instrument, in consultation with the Standing Orders Committee of the National Assembly.

   (2) There shall be paid to a nominated member of the National Assembly, in lieu of a constituency allowance, an allowance calculated at such rate as the Minister responsible for finance may prescribe, by statutory instrument, in consultation with the Standing Orders Committee of the National Assembly.

[S 2A subs by s 2 of Act 13 of 2009.]

 

3.   Allowances exempt from tax

   (1) The allowances payable under this Act shall be exempt from any tax imposed on income or profits.

   (2) For the purposes of any written law relating to the taxations of income or profits, the taxable income of the holder of an office specified in the Schedule shall be determined without taking into account the value of any benefit, right or advantage relating to the occupation of housing provided by the Government.

 

4.   Payment of gratuity

   (1) Subject to the other provisions of this section, there shall be paid to the holder of an office specified in the First Schedule, as from 18th November, 1996 gratuity amounting to the last gross annual emolument payable for each year or part thereof served on a pro-rata basis:

Provided that where a Member of Parliament has held, as from 18th November, 1996, a post senior to that which that Member is currently holding, the Member shall be entitled, at the time the gratuity is payable, to be paid gratuity based on the last gross annual emolument at the higher post held or the last annual emolument as Member of Parliament, whichever is the highest.

[S 4(1) subs by s 2(a) of Act 15 of 1999.]

   (2) Any member of the National Assembly or the holder of an office specified in the Schedule, other than the Speaker shall not be entitled to a payment of any gratuity under sub-section (1) unless he has continuously served as a member of the National Assembly or as a holder of an office specified in the Schedule for a period of not less than twelve months:

Provided that a person who has held an office specified in the Schedule or the office of member of the National Assembly for less than twelve months shall also be entitled to a gratuity under this section if he dies or if he ceases or hold such office by reason of his being elected, appointed or nominated by the President to another office.

   (3) For the purpose of calculating the period of twelve months specified in sub-section (2) the holder of an office specified in the Schedule or a member of the National Assembly shall be deemed to have served continuously during any period between the date of the dissolution of Parliament and the date of the commencement of the first session of the new Parliament only if—

      (a)   he was a member of the National Assembly or the holder of an office specified in the Schedule at the time which Parliament was dissolved; and

      (b)   he becomes a member of the National Assembly or the holder of an office specified in the Schedule of the commencement of the first session of the new Parliament.

   (4) The gratuity payable under this section shall be paid after three years and the remaining part thereof upon the dissolution of Parliament and shall be exempt from tax imposed on income or profit.

[S 4(4) subs by s 2(b) of Act 15 of 1999.]

   (5) Where a holder of an office specified in the First Schedule has served for a period of twelve months or a period exceeding twelve months but less than three years, the holder shall be paid a gratuity calculated in accordance with sub-section (1) upon ceasing to hold office.

[S 4(5) ins by s 2(b) of Act 15 of 1999; 4 am by Act 46 of 1994; 13 of 1995; 22 of 1996.]

 

5.   Payments under this Act

   (1) The salary and gratuity payable to the Speaker under this Act shall be a charge on the general revenues of the Republic.

   (2) Except as provided by sub-section (1), any salary, gratuity or benefit payable under this Act shall be paid from money appropriated by Parliament for the purpose.

 

6.   Payment of Members of National Assembly in respect

Notwithstanding anything contained in any other written law, no member of the National Assembly shall, in respect of his services as a member of—

      (a)   a local authority, statutory corporation or any other board, commission, committee, council, tribunal or similar body established by or under any written law;

      (b)   any administrative body whose expenses are wholly or partly defrayed out of money appropriated by parliament;

be paid any remuneration except by way of reimbursements in respect of travelling, subsistence or out-of-pocket expenses incurred by him in the discharge of his functions.

 

7.   No payment of salary during imprisonment, restriction or detention

Notwithstanding anything contained in this Act, no person shall be paid any salary under this Act in respect of any period during which he is serving a sentence of imprisonment or is restricted or detained in terms of or under the authority of any such law as is referred to in the Constitution.

FIRST SCHEDULE

[Section 2]

SPECIFIED OFFICES

1. Vice-President

2. Speaker

3. Deputy Speaker

4. Cabinet Minister

5. Leader of the Opposition

6. Chief Whip

7. Deputy Chief Whip

8. Deputy Minister

9. Deputy Chairperson of Committees

10. Private Member

[First Sch subs by s 4 of Act 13 of 2009.]

SECOND SCHEDULE

[Second Sch rep by s 5 of Act 13 of 2009.]

THIRD SCHEDULE

[Third Sch rep by s 5 of Act 26 of 2000.]

 
 

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