Judges' Remuneration and Conditions of Employment Amendment Bill, 2011, submitted by the Minister of Justice and Constitutional Development.
Judges' Remuneration and Conditions of Employment Amendment Bill [B 12 - 2011] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 34444 of 7 July 2011.
The Committee on the Auditor-General (the Committee), established in terms of Rule 208A of the National Assembly Rules, read with Section 10(3) of the Public Audit Act, 2004 (Act No. 25 of 2004) is mandated in terms of Section 2 (c) of the Act to assist and protect the Auditor-General in order to ensure the independence, impartiality, dignity and effectiveness of the Auditor-General and to advise the National Assembly.
Mr. Nombembe is not entitled to an annual performance bonus, but should receive a termination bonus/deferred compensation on the successful completion of his term equal to 10% X average term compensation X years of the fixed term of office; and
The total remuneration package is structured by Mr. Nombembe according to the parameters and guidelines as are generally applicable to the Office of the Auditor-General.
The recommendations were included in the President's Act No. 349, dated 11 November 2006.
The Committee also indicated in the notice that "the entire remuneration dispensation of all public office-bearers, including the judiciary, is currently under review". Section 7 (2) (b) of the Public Audit Act provides, amongst others, that the allowances and other benefits of a person appointed as Auditor-General must be substantially the same as those of the top echelon of the judiciary.
Whilst the remuneration dispensation of the Chief Justice has been reviewed, that of the Auditor-General, serving in accordance with the conditions of employment as determined prior to the said review, has not been adjusted.
Whilst the Auditor-General is not entitled to an annual performance bonus, to increase the termination benefit from 10 percent of the average term compensation for each year of service to 50 per cent of average term compensation for each year of service.
To effect payment of back pay amounts in accordance with the parameters and guidelines as applicable to the Office of the Auditor-General.