Presidential Remuneration and Other Benefits Act, 2016

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Presidential Remuneration and Other Benefits Act, 2016

Act 5 of 2016

ACTTo provide for the payment of remuneration and other benefits to the President and his or her spouse, and to the Vice-President and his or her spouse; and to provide for incidental mattersBE IT ENACTED as passed by the Parliament, and assented to by the President, of the Republic of Namibia as follows:

1. Definitions

In this Act, unless the context otherwise indicates -dependant child” means an unmarried biological child, legally adopted child or step-child of the President or Vice-President who has not attained the age of 18 years, but if the child has attained the age of 18 years, he or she must still be considered as a dependant if the child is -[The word “dependent” is morally spelt with an “e” where it is used as an adjective rather than a noun. This applies to the phrase “dependent child”, but not to the phrase “as a dependant”.](a)a full time student at a university, tertiary institution or other institution of higher education; or(b)due to some physical or mental disability, unable to adequately provide for his or her own maintenance such that he or she is wholly or substantially dependent on the President or Vice-President for his or her livelihood;President” means the person elected in accordance with Article 28 of the Namibian Constitution and sworn in as President of the Republic of Namibia in accordance with Article 30 of that Constitution;Presidential spouse” means the person who is the wife or husband of the President or of the Vice-President and includes a wife or husband of a marriage under customary law;remuneration” includes but is not limited to a basic salary and allowances paid to the President and Vice-President arising from their holding office as President and Vice-President respectively; andVice-President” means the person appointed and sworn in as Vice-President of the Republic of Namibia in terms of Article 28 of the Namibian Constitution.

2. Remuneration payable to the President and Vice-President

There must be paid to the person holding the office of -(a)President, remuneration which is fixed at a rate of 15 percent above the remuneration payable at any given time to the Vice-President; and(b)Vice-President, remuneration which is fixed at a rate of 15 percent above the remuneration payable at any given time to the Prime Minister of the Republic of Namibia as determined in terms of the Public Office-Bearers (Remuneration and Benefits) Commission Act, 2005 (Act No. 3 of 2005).

3. Allowance payable to Presidential spouses

(1)There must be paid to the spouse of the person holding the office of President a monthly allowance which is equal to the monthly remuneration payable to a permanent secretary employed in the public service of Namibia.
(2)There must be paid to the spouse of the person holding the office of Vice-President a monthly allowance which is equal to the monthly remuneration payable to a deputy permanent secretary employed in the public service of Namibia.
(3)The President may, on the recommendation of the Public Office- Bearers (Remuneration and Benefits) Commission established in terms of section 2 of the Public Office-Bearers (Remuneration and Benefits) Commission Act, 2005 (Act No. 3 of 2005), grant further benefits to Presidential spouses.

4. Medical aid

All medical costs of the -(a)President and Vice-President; and(b)spouses and legally dependant children of the President and Vice-President,are to be wholly covered by the State.[The word “dependent” is morally spelt with an “e” where it is used as an adjective rather than a noun. This applies to the phrase “legally dependent child”.]

5. Payments out of the State Revenue Fund

The remuneration, benefits and allowances payable in terms of the provisions of this Act must be paid from the State Revenue Fund out of the moneys appropriated by Parliament for that purpose.

6. Exemption from income tax

The amount of any remuneration, benefits and allowances paid and the value of benefits relating to medical aid received in terms of this Act are exempted from income tax.

7. Repeal and savings

(1)The Presidential Remuneration and Other Benefits Act, 2012 (Act No 15 of 2012) is repealed.
(2)Anything done under a provision of law repealed by subsection (1) and which could have been done under a corresponding provision of this Act is considered to have been done under such corresponding provision.

8. Short title

This Act is called the Presidential Remuneration and Other Benefits Act, 2016.

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