South Africa Act, 1909/1957-02-18

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

Provincial Powers Extension Act, No. 41 of 1947

Powers and Privileges of Provincial Councils Act, No. 16 of 1948

Criminal Procedure Amendment Act, No. 37 of 1948

Deputy-Administrators Act, No. 2 of 1949

Privy Council Appeals Act, No. 16 of 1950

South Africa Act Amendment Act, No. 39 of 1950

South Africa Act Amendment Act, No. 66 of 1951

General Law Amendment Act, No. 32 of 1952

Electoral Laws Amendment Act, No. 55 of 1952

Bantu Education Act, No. 47 of 1953

South Africa Act Amendment Act, No. 20 of 1954

South Africa Act Amendment Act, No. 9 of 1955

Appellate Division Quorum Act, No. 27 of 1955

Senate Act, No. 53 of 1955

General Law Amendment Act, No. 62 of 1955

South Africa Act Amendment Act, No. 9 of 1956

Railways and Harbours Acts Further Amendment Act, No. 39 of 1956

General Law Amendment Act, No. 50 of 1956

South Africa Act Further Amendment Act, No. 1 of 1957

South Africa Act Amendment Act, No. 2 of 1957

56. (1) (a) 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 four hundred pounds per annum.

(b) In addition there may be paid during any period to any member of the Senate or the House of Assembly (excluding any Minister receiving a salary under the Crown and the Speaker of the House of Assembly), out of moneys appropriated by Parliament for the purpose, a travelling and subsistence allowance at a rate to be determined in the case of a member of the Senate, by the President of the Senate, and, in the case of a member of the House of Assembly, by the Speaker of the House of Assembly.

(c) Any such travelling and subsistence allowance may be paid at different rates in respect of different members according to circumstances on such a basis as the President of the Senate or, as the case may be, the Speaker of the House of Assembly may deem fit, and shall be payable subject to such conditions as he may determine.

(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 three hundred 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 (including any travelling and subsistence 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 four hundred pounds per annum and to the Speaker of the House of Assembly a salary of three thousand 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.

(5) (a) Of the allowances (other than travelling and subsistence allowances) and salaries payable under this section the following amounts shall for the purpose of any law be deemed to represent payments made to meet expenditure incurred by the persons concerned in connection with their official duties, namely―

in respect of an allowance payable to any person under sub-section (1), an amount of seven hundred pounds; in respect of the allowance payable under sub-section (1)bis, an amount of three hundred and eighty pounds; and in respect of the salary payable under sub-section (3)bis―

to the President of the Senate, an amount of nine hundred and sixty pounds; to the Speaker of the House of Assembly, an amount of one thousand two hundred pounds.

(b) The full amount of any travelling and subsistence allowance paid by virtue of a determination under paragraph (b) of sub-section (1) shall for the purpose of any law be deemed to represent a payment made to meet expenditure incurred by the person concerned in connection with his official duties.

78. (1) Each provincial council shall at its first meeting after any general election elect from among its members, or otherwise, four persons to form with the administrator, who shall be chairman, an executive committee for the province. The members of the executive committee other than the administrator shall hold office until the election of their successors in the same manner.

(2) Such members shall receive such remuneration as the provincial council, with the approval of the Governor-General-in-Council, shall determine.

(3) A member of the provincial council shall not be disqualified from sitting as a member by reason of his having been elected as a member of the executive committee and a member of the executive committee shall not be disqualified from being elected as a member of the provincial council or from being appointed as a deputy-administrator under the provisions of sub-section (4) of section sixty-eight.

(4) (a) Any casual vacancy arising in the executive committee, other than a casual vacancy arising through the appointment of a member of the executive committee as a deputy-administrator under the provisions of sub-section (4) of section sixty-eight, shall be filled by election by the provincial council if then in session, or, if the council is not in session, by a person appointed by the executive committee to hold office temporarily pending an election by the council.

(b) A member of the executive committee who is appointed as a deputy-administrator under the provisions of sub-section (4) of section sixty-eight shall as from the termination of such appointment resume his office and functions as a member of the executive committee unless his successor has in the meantime been elected under the provisions of sub-section (1) of this section.

79. The administrator and any other member of the executive committee of a province, not being a member of the provincial council, shall have the right to take part in the proceedings of the council, but shall not have the right to vote: Provided that a member of the executive committee who is a member of the provincial council and who is appointed a deputy-administrator under the provisions of sub-section (4) of section sixty-eight, shall during the period of such appointment retain his right to vote as a member of the provincial council.