Page:Provincial Government Act 1986.djvu/7

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Government Gazette, 27 June 1986
No. 10318     13

Provincial Government Act, 1986
Act No. 69, 1986.


(a) the administrator of a province appointed in terms of the Provincial Government Act, 1961 (Act No. 32 of 1961), shall be construed as a reference to an administrator appointed in terms of section 7 of this Act;
(b) the executive committee of a province or its members, within the meaning of the Provincial Government Act, 1961, shall be construed as a reference to an executive committee or its members appointed in terms of section 7 of this Act;
(c) the provincial auditor, or the auditor of local government, shall be construed as a reference to the Auditor-General as defined in section 1 of the Exchequer and Audit Act, 1975 (Act No. 66 of 1975);
(d) a provincial council, in relation to―
(i) any matter in respect of which an administrator may issue a proclamation under section 14 (2), shall be construed as a reference to the administrator of the province concerned; and
(ii) any other matter, shall be construed as a reference to Parliament;
(e) a provincial revenue fund, shall be construed as a reference to the appropriate account contemplated in section 82 (1) (c) of the Constitution Act.


Election by members of provincial councils in respect of pensionable service, and related matters.

20. (1) Any person who―

(a) became a member of a provincial council by reason of his having been elected at any election of members of provincial councils held prior to or on 31 July 1982;
(b) remained such a member until the day immediately preceding the commencement of this Act; and
(c) subject to the provisions of subsection (4) on the day contemplated in paragraph (b) has insufficient pensionable service, as defined in any ordinance, to entitle him to the payment of pension benefits in terms of such ordinance,

may, within a period of 90 days after such commencement by written notice to the administrator of the province in which his electoral division is situated, elect to be deemed to have eight years’ pensionable service, as so defined, and shall thereafter be entitled to pension benefits calculated in terms of such ordinance in respect of a period of pensionable service of eight years.

(2) There shall, in respect of the period deemed to form part of the pensionable service of the member by virtue of subsection (1), be paid by the relevant member to the relevant provincial revenue fund an amount calculated at 10 per cent of his pensionable salary immediately prior to the commencement of this Act, multiplied by the number of years and portion of a year which are so deemed to be pensionable service.

(3) Any provision in any law which provides for the payment of a pension or other benefit to the widow of a member of a provincial council shall apply mutatis mutandis to the payment of a pension or other benefit to the widower of a member of a provincial council.

(4) Any period of service which a member of a provincial council has completed as a member of Parliament and in respect of which he has received no Parliamentary pension, may be recognized for the purpose of determining his pension benefits as a member of the provincial council, provided he requests in writing the administrator of the province in which his provincial electoral division is situated, within 90 days after the commencement of this Act, that such period be so recognized.

(5) There shall, in respect of the period recognized in terms of subsection (4) as pensionable service of the member, be paid by the relevant member to the relevant provincial revenue fund, an amount calculated at 10 per cent of his pensionable salary immediately prior to the commencement of this Act, multiplied by