South Africa Act, 1909/1946-05-13

as amended by

Exchequer and Audit Act, No. 21 of 1911

Appellate Division Act, No. 12 of 1920

South Africa Act, 1909, Amendment Act, No. 9 of 1925

South Africa Act, 1909, Further Amendment Act, No. 34 of 1925

Local Government (Provincial Powers) Act, No. 1 of 1926

Electoral Act, 1918, Amendment Act, No. 11 of 1926

Criminal and Magistrates’ Courts Procedure (Amendment) Act, No. 39 of 1926

Payment of Members of Parliament Act, No. 51 of 1926

Administration of Justice (Further Amendment) Act, No. 11 of 1927

Rhodesia Appeals Act, No. 18 of 1931

South Africa Act Amendment Act, No. 17 of 1933

Financial Adjustments Act, No. 29 of 1933

South Africa Act Amendment Act, No. 45 of 1934

Status of the Union Act, No. 69 of 1934

Census Amendment Act, No. 5 of 1935

South Africa Act Amendment Act, No. 43 of 1935

General Law Amendment Act, No. 46 of 1935

Representation of Natives Act, No. 12 of 1936

Electoral Quota Act, No. 21 of 1937

South Africa Act Amendment Act, No. 13 of 1938

Constitution (Prevention of Disabilities) Act, No. 19 of 1940

Electoral Laws Amendment Act, No. 20 of 1940

Judges’ Act, No. 41 of 1941

Electoral Quota Consolidation Act, No. 30 of 1942

Financial Relations Consolidation and Amendment Act, No. 38 of 1945

Electoral Laws Amendment Act, No. 10 of 1946

South Africa Act Amendment Act, No. 21 of 1946

56. (1) Subject to the provisions of this section, every member of the Senate and the House of Assembly (excluding Ministers receiving a salary under the Crown, the President of the Senate and the Speaker of the House of Assembly) shall receive an allowance of one thousand pounds per annum.

(1)bis. Subject to the provisions of this section other than the provisions of sub-section (2), the Leader of the Opposition shall receive an allowance of one thousand pounds per annum in addition to the allowance provided for in sub-section (1).

(1)ter. For the purposes of this section the expression “Leader of the Opposition” shall mean that member of the House of Assembly who is for the time being the Leader in that House of the party in opposition to the Government having the greatest numerical strength in that House and if there is any doubt as to which is or was at any material time the party in opposition to the Government having the greatest numerical strength in the House of Assembly, or as to who is or was at any material time the Leader in that House of such a party, the question shall be decided for the purposes of this section by the Speaker of the House of Assembly, and his decision, certified in writing under his hand, shall be final and conclusive.

(2) For every day during which any such member fails to attend a meeting of the House of which he is a member there shall be deducted the sum of six pounds: Provided that such member shall be exempted from deductions on account of such failure―

for any day on which he attends a meeting of any Committee of the House of which he is a member; and when his absence is due to his illness or to the summons or subpœna of a competent Court (except a summons to answer a criminal charge upon which he is convicted); and when his absence is due to the death or serious illness of his wife and such absence is condoned by the Sessional Committee on Standing Orders of the Senate or the Committee on Standing Rules and Orders of the House of Assembly (as the case may be); and when his absence is due to his serving, while the Union is at war, with the military, air or naval forces of the Union or any other force or service established by or under the South Africa Defence Act, 1912 (Act No. 13 of 1912); and

in respect of any further period of absence not exceeding twenty-five days on which he so fails to attend during a session at which the estimates of expenditure for the ordinary administrative services of a financial year are considered.

(3) Subject to the deductions incurred, if any, the Clerk of the House concerned shall pay to every such member of the House of which he is Clerk the allowance aforesaid in monthly instalments, the first month to be reckoned in the case of a senator, from the date on which he was nominated or elected, as the case may be, and, in the case of a member of the House of Assembly, if he was declared elected after a poll had taken place, from the date on which the poll took place, and if he was declared elected because he was the only person duly nominated, from the date on which he was declared elected.

(3)bis. There shall be paid to the President of the Senate a salary of two thousand pounds per annum and to the Speaker of the House of Assembly a salary of two thousand five hundred pounds per annum.

(4) The amount of the allowances and salaries paid under this section shall be charged annually to the Consolidated Revenue Fund and the provision of this sub-section shall be deemed to be an appropriation of every such amount.