Audit Office Act [Chapter 22:18] (No. 12 of 2009)
(5) When any direction has been given to the Commission in terms of subsection (2), the
Commission shall ensure that the direction and any views the Commission has expressed on it
in terms of subsection (3) are set out in the Commission’s annual report.
(6) Subsection (2) and (4) shall not be construed as permitting the Minister or the
Commission or any other person to do anything likely to influence unduly the Comptroller and
Auditor-General and members of the Audit Office assisting him or her in the performance of his
or her functions under the Constitution or any enactment.
31 Service regulations
(1) Subject to the Act, the Commission may, with the concurrence of the Minister, make
regulations providing for the conditions of service of the members of the Audit Office. (2)
Regulations made in terms of subsection (1) may provide for—
(a) the appointment, classification, qualifications, salaries, allowances and other
remuneration and benefits of members of the Audit Office, and their promotion,
functions, hours of work and leave of absence;
(b) the pension benefits payable to members of the Audit Office and to other persons in
respect of the members’ service with the State or with any other person or authority,
the contributions payable in respect of such pension benefits and the circumstances in
which such pension benefits may be reduced, suspended or withdrawn;
(c) a code of ethical and professional conduct for members of the Audit Office;
(d) training and development courses for members of the Audit Office and the attendance
of members thereat;
(e) the use by members of the Audit Office of vehicles, equipment and other property of
the Office, their indemnification in respect of such use and additionally, or
alternatively, the recovery from them of compensation and penalties in respect of
damage or loss caused by such use;
(f) the manner in which members of the Audit Office may make representations in regard
to matters affecting their conditions of service and general welfare;
(g) the manner in which grievances of members of the Audit Office may be expressed,
investigated and redressed;
(h) the terms and conditions of contracts entered into in terms of section 19;
(i) the circumstances in which the Commission may assent to cessions of salary,
allowances or other remuneration;
(j) the discipline of members of the Audit Office, and the penalties that may be imposed
upon them and other measures that may be taken against them for misconduct or if
they are inefficient or unsuitable or incapable of performing their duties or if they are
convicted of criminal offences;
(k) the suspension, retirement, resignation, discharge, abandonment of employment and
other termination of service of members of the Audit Office;
(l) the transfer, secondment and appointment of members of the Audit Office to offices,
posts or grades in an approved service and vice versa, and the terms and conditions
upon which such transfers, secondments and appointments may be made;
(m) the conduct of investigations, inspections and examinations for the purposes of this
Act;
(n) any other matter which, in the opinion of the Commission, it is necessary or
convenient to prescribe in order to ensure the well-being and good administration of
the Audit Office and its maintenance in a high state of efficiency.
(3) To the extent that regulations made in terms of subsection (1) may result in an increase
in expenditure chargeable on the Consolidated Revenue Fund, the Commission shall obtain the
concurrence of the Minister responsible for finance before they are enacted.
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