Cabinet makes public the Presidential Handbook

27 Nov 2015

Cabinet has today made public the Presidential Handbook as approved in the Cabinet meeting of 18 November 2015. The release of the Presidential Handbook is also in terms of the commitment given to Judge Sutherland on 12 October 2015 to publish the Handbook before 30 November 2015.

The Presidential Handbook provides guidelines for the administrative, logistical, security and general support services to be rendered by the state to the President, his or her spouse and dependent children, and the Deputy President and his or her spouse.

The objective of the Handbook is threefold:

i. To ensure the provision of reliable and consistent support required for the President and Deputy President.

ii. To provide a concise operational guide to relevant government departmental staff with clearly indicated responsibilities and duties, and by implication, lines of accountability.

iii. To provide the authority for the relevant civil servants to make decisions and to empower departmental staff with respect to what is approved, permissible and what may fall outside of the level of support required to be given to the President and Deputy President.

Whereas previously, the guide for support for the President and Deputy President was a 2007 Cabinet Policy, the drafting and publication of the Presidential Handbook makes public the document which will henceforth guide decision-making by public servants.

THE PRESIDENTIAL HANDBOOK

On support for the President, his or her spouse and dependent children, and the Deputy President and his or her spouse.

PREFACE

This Presidential Handbook provides guidelines for the administrative, logistical, security and general support services to be rendered by the state to the President, his or her spouse and dependent children, and the Deputy President and his or her spouse.

The objective of the Handbook is threefold:

i. To ensure the provision of reliable and consistent support required for the President and Deputy President.

ii. To provide a concise operational guide to relevant government departmental staff with clearly indicated responsibilities and duties, and by implication, lines of accountability.

iii. To provide the authority for the relevant civil servants to make decisions and to empower departmental staff with respect to what is approved, permissible and what may fall outside of the level of support required to be given to the President and Deputy President.

In respect of this Handbook, matters of interpretation, clarification and/or decision are vested in the Secretary of Cabinet who may consult with Cabinet, if so required.

All public servants who provide services in terms of this Handbook are expected to acquaint themselves thoroughly with the provisions contained herein.

The Handbook may be reviewed triennially or whenever necessary.

1. DEFINITIONS

In this document, unless the context otherwise indicates:

Commercial aircraft

Any aeroplane or helicopter operated by an airline on regular routes used by the public

Constitution

The Constitution of the Republic of South Africa, 1996

Dependant child

A financially dependent child under the age of 18, and a financially dependent and unmarried child over the age of 18 but under 27 and studying full-time at a recognised secondary or tertiary institution

Approved independent international travel of the spouses

International travel of the spouses independent of the President or Deputy President but associated directly with government work or Government’s Programme of Action and duly approved by the President

Intelligence agencies

The relevant units of the South African Police Service, the State Security Agency (SSA), and the South African National Defence Force

National Security Services

The South African Police Service (SAPS), the State Security Agency (SSA), and the South African National Defence Force (SANDF)

Official Residence

A state-owned residence designated by DPW for the use of the President or Deputy President

Private aircraft

Any aeroplane or helicopter not owned by the state or a registered airline

Private independent international travel of the spouses

International travel of the spouses independent of the President or Deputy President and not associated directly with government work or Government’s Programme of Action

Private Residence

A privately owned house used by the President or Deputy President

Protector

A member of the SAPS Presidential Protection Service or SAPS VIP Protection Unit, allocated/appointed to provide security and/or driving services

Spouse

A person or persons legally married to the President or Deputy President by customary or civil marriage

2. ABBREVIATIONS

DIRCO Department of International Relations and Cooperation

DPW Department of Public Works

NSS National Security Services

Parmed Parmed Medical Aid Scheme (for members of the National Assembly and delegates to the National Council of Provinces)

POBF Political Office-Bearers Pension Fund (for members of the National Assembly and delegates to the National Council of Provinces)

SAMHS SA Military and Health Services unit of the South African National Defence Force.

SANDF South African National Defence Force

SAPS South African Police Service

SSA State Security Agency

3. INTRODUCTION

3.1. In terms of the Constitution, the President is the Head of State, Head of the National Executive, and Commander-in-Chief of the Defence Force.

3.2. The President may only be elected from amongst the members of the National Assembly.

3.3. Upon election, the President ceases to be a Member of the National Assembly.

3.4. The Deputy President is appointed by the President from amongst the members of the National Assembly and remains a member of the National Assembly after appointment.

3.4. The President assigns powers and functions to the Deputy President.

3.6. The Deputy President is a Member of Cabinet and must assist the President in the execution of the functions of government.

3.7. The President and Deputy President remain in authority at all times for the full duration of their terms of office.

3.8. By virtue of this fact the state inevitably makes demands on the President and Deputy President which intrude on their private lives and that of their spouses in particular.

3.9. In this context it is reasonable that the State has to ensure that the requirements and services are provided to the President and Deputy President for them to execute their respective constitutional obligations and duties at all times.

3.10. These will out of necessity include the provision of certain services to the spouses of the President and Deputy President, and in the case of the President, his or her dependent children.

3.11. The requirements and services provided by the state in 3.10 arise also from considerations of security requirements, cost efficiency, practicality, the personal well-being, convenience and comfort of the President and the Deputy President

3.12. This Handbook seeks to provide a concise but substantive procedural guideline for the administrative, logistical, security and general support services provided by the state to a serving President and Deputy President.

4. STATE RESPONSIBILITY

4.1. The state through its different Departments and Agencies is responsible for the provision of all the requirements, services and arrangements and related expenses of the President and Deputy President in the normal course of executing their respective responsibilities and roles.

4.2. The state ensures that these requirements, services and arrangements are provided and made with due consideration for security requirements, cost efficiency, practicality, the personal well-being, convenience and comfort of the President, Deputy President, their spouses and dependents as the case may be.

5. INTEGRITY

5.1. The President and Deputy President as members of the Cabinet and executive in terms of the Constitution, must act in accordance with the Executive Members Ethics Act (No 82 of 1998) and the Executive Ethics Code (28 July 2000).

5.2. In terms of these statutes the President and Deputy President have to ensure that the necessary declarations are lodged with the Secretary of the Cabinet.

5.3. The Deputy President as a member of the National Assembly has to ensure that the necessary declaration is made in terms of parliamentary procedure and rules.

6. REMUNERATION

6.1. The President and Deputy President are remunerated in terms of the Remuneration of Public Office Bearers Act (No 92 of 1998).

6.2. This remuneration is paid by the Presidency as a direct charge against the National Revenue Fund.

7. PENSION

7.1. The President upon assuming office, ceases to be a member of the National Assembly and consequently, ceases to be a member of the Political Office-Bearers Pension Fund (POBF) should he have been a member.

7.2. Whatever pension benefit is due to the President as a result of prior membership to the POBF is processed in terms of the rules of the fund.

7.3. The State does not contribute to a pension fund on behalf of the President whilst he or she is in office.

7.4. When the term of the President comes to an end through resignation or completion of the electoral term, the President is entitled to a pension benefit as determined by the National Assembly in terms of the Remuneration of Public Office Bearers Act.

7.6 The Deputy President, on the other hand, remains a member of the National Assembly on appointment as Deputy President.

7.7. Accordingly, the state continues to contribute to the POBF on behalf of the Deputy President in his capacity as a member of the National Assembly in terms of the rules of Parliament and the POBF.

7.8. No additional provision in terms of pension benefit is made by the State upon the end of the term of the Deputy President.

8. MEDICAL AND HEALTH CARE

8.1. Upon assuming office, and whilst in office, the President and his or her spouse and dependent children receive all medical and health care services from and at the cost of the Surgeon-General through the SA Military and Health Services (SAMHS) of the South African National Defence Force (SANDF).

8.2. Upon assuming office and whilst in office, the Deputy President receives medical and health care services from the Surgeon General and at the cost of the Surgeon General through SAMHS of SANDF.

8.3. The Deputy President remains a member of the National Assembly on appointment as Deputy President and in terms of the rules of Parliament remains a member of the Parmed Medical Aid Scheme to which the state continues to contribute.

8.4. The Surgeon-General provides emergency, general medical and health care services to the President and the Deputy President through a team of physicians and environmental health officers who accompany them on all engagements.

8.5. All costs related to the physicians and environmental health officers in the execution of their duties in this regard (except in respect of costs set out in 8.6 below) are borne by the Surgeon-General through SAMHS of SANDF.

8.6. Should there be the need for the Surgeon-General and/or other related personnel to be in close proximity over an extended period to the President or his or her spouse and his or her dependents or the Deputy President, the Department of Public Works (DPW) shall make available at its expense suitable accommodation for this purpose.

9. LEAVE

9.1. The President takes leave as may be required.

9.2. The Deputy President takes leave upon agreement with the President.

10. SHORT TERM INSURANCE

10.1. The insurance cover for all personal effects in state owned and private residences of the President and Deputy President is for the account of the President and Deputy President respectively.

11. LEGAL REPRESENTATION

11.1. Legal representation is provided to the President and Deputy President by the State as necessary in terms of the State Attorneys Act read with the Public Finance Management Act (1999) and its regulations.

12. SECURITY

12.1. The South African Police Service (SAPS) takes full responsibility for the protection and security of the President and Deputy President at all times during their term of office.

12.2. The SAPS and the intelligence agencies cause that regular and comprehensive security assessments are done with regard to the President and Deputy President.

12.3. Protection and security measures of the President and Deputy President include, but are not limited to:

i. Regular security assessments in conjunction with the intelligence agencies.

ii. Static protection at all official and private residences and office accommodation used from time to time during the term of office.

iii. In-transit protection during all domestic and international movements.

iv. Regular vetting of protectors, medical personnel and other staff,

v. Screening of service providers.

vi. Static protection of aircraft.

vii. Regular revision of ICT security systems.

13. COST OF SECURITY MEASURES

13.1. The cost of the provision, implementation and maintenance of physical security measures at official and private residences used during the term of the President and Deputy President shall be carried by DPW in terms of office of the relevant policies at DPW and government legislation and regulations, as advised by the intelligence agencies.

13.2. DPW shall determine the permissible costs related to the provision, implementation and maintenance of physical security measures at official and private residences used during the term of office of the President and the Deputy President after due consideration and consultation with the National Security Services (NSS).

13.3. The costs related to security personnel, communications security and information security are borne by the NSS.

13.4. The cost of procurement, maintenance and running costs of motor vehicles for the use of ground transport in South Africa for the President, Deputy President and their spouses is borne by the SAPS.

14. DOMESTIC TRANSPORT OF THE PRESIDENT AND DEPUTY PRESIDENT

14.1. Transport for the President and Deputy President in South Africa is the responsibility, and for the account, of the state.

14.2. Ground transport for the President and Deputy President in South Africa is the responsibility and for the account of the SAPS in terms of the relevant security planning.

14.3. Air transport for the President and Deputy President in South Africa is the responsibility and for the account of SANDF, who may use SANDF aircraft or any aircraft chartered by the SANDF for the purpose.

14.4. The cost of in-flight catering on board aircraft utilised by the President and Deputy President is for the account of the Presidency, except where exigencies dictate otherwise, in which case the costs thereof are borne by SANDF.

14.5. The President and Deputy President have the prerogative to invite passengers to accompany him or her, on the official aircraft designated for his or her use, provided that there is space to accommodate the additional passenger or passengers in addition to the security, medical and necessary Presidency staff.

14.6. Each invited guest passenger not employed by the state, shall indemnify the state from any loss suffered by the passenger due to injury or otherwise.

14.7 For official purposes, private or commercial aircraft may be utilised by the Deputy President only in special circumstances, and after consultation with NSS.. For private travel, private or commercial aircraft may be used after consultation with NSS.

14.8 For official purposes, private aircraft may be utilised by the President only in special circumstances, and after consultation with NSS.

15. INTERNATIONAL TRANSPORT OF THE PRESIDENT AND DEPUTY PRESIDENT

15.1. Transpor t for the President and Deputy President during travel outside of South Africa is the responsibility, and for the account of the state.

15.2. The SANDF shall provide aircraft or charter for the purpose, and bear the costs thereof for all international air transport of the President and Deputy President.

15.3. The President and Deputy President have the prerogative to invite passengers to accompany him or her, on the official aircraft designated for his or her use, provided that there is space to accommodate the additional passenger or passengers in addition to the security, medical and necessary Presidency staff.

15.4. Each invited guest passenger not employed by the state, shall indemnify the state from any loss suffered by the passenger due to injury or otherwise.

15.5. Ground transport for the President and Deputy President during travel outside of South Africa is the responsibility of Department of International Relations and Cooperation (DIRCO) and is subject to the approval of the NSS.

15.6. The costs of ground transport, where not provided for by the host, are borne by DIRCO.

15.7. The cost of in-flight catering on board SANDF aircraft utilised for the President and Deputy President is for the account of the Presidency, except where exigencies dictate otherwise, in which case the costs thereof are borne by SANDF.

15.8. For official purposes, private or commercial aircraft may be utilised by the Deputy President only in special circumstances, and after consultation with NSS. For private travel, private or commercial aircraft may be used after consultation with NSS.

15.9 Should the Deputy President decide to make use of private or commercial aircraft for travel abroad for private purposes, the total flight costs of the Deputy President and his or her spouse shall accrue to the Deputy President, while the costs related to security arrangements, medical assistance and/or officials of government who have to accompany the Deputy President out of necessity are borne by the state.

15.10 For official purposes, private aircraft may be utilised by the President only in special circumstances, and after consultation with NSS.

16. ACCOMMODATION AND INCIDENTAL EXPENSES ON OFFICIAL AND PRIVATE TRAVEL OF THE PRESIDENT AND DEPUTY PRESIDENT

16.1. Accommodation and incidental expenses of the President and Deputy President whilst on official domestic travel are for the account of The Presidency.

16.2 Accommodation and incidental expenses of the President and Deputy President whilst on all official journeys abroad is arranged through, and paid for by DIRCO.

16.3. Accommodation and incidental expenses of the President and Deputy President whilst on private domestic and international travel are for the account of the President and Deputy President respectively.

16.4. The Presidency is responsible for any other expenses of the President or Deputy President on official and private domestic and international travel, which include the costs related to Presidency officials who have to accompany the President and Deputy President out of necessity. Other government departments such as the SAPS are responsible for the expenses of their own officials.

17. RESIDENTIAL ACCOMMODATION

17.1. The state, through DPW, provides both the President and Deputy President with state-owned housing stock to utilise as official residences in CapeTown and Pretoria, and additionally in the case of the President, an official residence in Durban.

17.2. The cost of furnishing, maintenance (including soft services such as the provision of flowers) and upkeep of these official residences is for the account of DPW.

17.3. The President and Deputy President may make use of state-owned accommodation in the rest of South Africa where available and subject to the security requirements.

17.4. The Presidency shall employ or deploy household staff to provide household and other services at official residences, as may be necessary.

18. SPECIAL ADVISERS AND PARLIAMENTARY COUNSELLOR

18.1. The President and Deputy President may employ Special Advisers as needed.These will be for the account of The Presidency.

18.2. The Speaker of the National Assembly appoints a Parliamentary Counsellor in terms of the rules of Parliament, from amongst the membership of the National Assembly for the President and Deputy President respectively.

19. STATE FUNERALS

19.1. In the event that a serving President or Deputy President passes away, a state funeral shall be arranged in terms of the approved Policy on State and Official Funerals.

19.2 The President shall be accorded a State Funeral Category 1, while the Deputy President shall be accorded a State Funeral Category 2.

20. FUNCTIONS AND RECEPTIONS

20.1. The President and Deputy President in the normal course of their duties and responsibilities whilst in office, host official functions and receptions, the cost of which are borne by the State. In addition, the President also hosts State functions paid for by the State.

20.2 Depending on the nature and status of the function, costs are shared between The Presidency, DIRCO and/or DPW.

20.3. The President and Deputy President and their spouses may host such other functions which may be private in total or part. Depending on the nature and status of the function, costs may be apportioned between the President or Deputy President,The Presidency, and any other relevant government department.

21. ORGANISATION OF SUPPORT SERVICES TO THE PRESIDENT AND DEPUTY PRESIDENT

21.1. The Presidency shall establish such organisational structure and employ the necessary personnel to coordinate and provide all administrative, logistical and general support services to the President and the Deputy President in accordance with relevant legislation, government prescripts and directives.

22. SUPPORT FOR SPOUSES OF THE PRESIDENT AND DEPUTY PRESIDENT

22.1. The spouses of the President and Deputy President have no constitutionally defined roles, obligations and responsibilities and as such are not remunerated by the state.

22.2. There are however expectations that the spouse or spouses of the President, where possible, and if requested, provide support to a serving President in the execution of his or her duties, and specifically so at state or official functions and receptions.

22.3. In addition, a spouse of the President may fulfil official functions in support, and in the interest, of the Republic.

22.4. From time to time the spouse of the serving Deputy President may be requested to provide support at official functions and receptions.

22.5. The State will provide reasonable administrative, logistical and other support to the spouses of the President and Deputy President to enable them to meet the expectations related to the nature of office of the President and Deputy President in a manner that permits them actively to pursue their own careers and interests if they so desire.

22.6. The state provides reasonable support to the President and his or her spouse to assist with the day-to-day logistical arrangements of dependent school- going children.

22.7. The Presidency shall establish such organisational structure, and employ or deploy personnel, to coordinate and provide administrative and logistical services to spouses of the President or Deputy President in accordance with relevant legislation, government prescripts and directives.

22.8. Personnel capacity will include the employment of at least a dedicated Private Secretary to the spouse of the President.

22.9. Spousal support may include the necessary project management capacity to assist in, and coordinate, activities of the spouse which are in support of Government’s Programme of Action.

22.10. The Presidency further will provide to the spouses any reasonable office equipment and stationery to enable them to fulfil activities related to the support of Government’s Programme of Action.

23. SECURITY SERVICES FOR SPOUSES OF THE PRESIDENT AND DEPUTY PRESIDENT

23.1. The SAPS takes full responsibility for all protection, security and related arrangements for the spouses of the President and Deputy President, both in South Africa and when abroad.

23.2 The costs of all security and planning arrangements, including personnel, for the spouses are carried by the SAPS.

24. INDEPENDENT TRAVEL AND TRANSPORT OF THE SPOUSES OF THE PRESIDENT AND DEPUTY PRESIDENT

24.1 The state may provide spouses of the President and Deputy President with a state- owned vehicle and a driver/protector for official and private use in South Africa.

24.2 The costs of procurement, maintenance and upkeep of these vehicles are carried by the SAPS.

24.3 The spouses of the President or Deputy President may make use of domestic commercial rail and air transport as and when necessary for their public or private purposes, the costs of which are borne by The Presidency.

24.4 A spouse of the President or Deputy President may travel abroad on state, official, or working visits of the President or Deputy President at the cost of The Presidency.

24.5 All independent international travel by spouses of the President or Deputy President for purposes of programmes supporting the work of the government is subject to the approval of the President. Such travel shall be budgeted for and managed in terms of the PFMA by the relevant organisational unit in The Presidency.

24.6 In respect of approved independent international travel by a spouse of the President or Deputy President, all costs will accrue to, and responsibilities for coordination of arrangements reside with,The Presidency, while DIRCO shall provide support with the normal protocol and related services and general assistance.

24.7 In respect of private independent international travel by a spouse of the President or Deputy President, all costs will accrue to the spouse or President or Deputy President as the case may be.

24.8 DIRCO may in such cases assist with the normal protocol and related services and assistance, while The Presidency may assist with the coordination of arrangements of the spouse.

ENDS

The PDF version of this Handbook is available on The Presidency website here.

Statement issued by Ms Phumla Williams, Acting Cabinet Spokesperson, 27 November 2015