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GOVERNMENT GAZETTE

STAATSKOERANT

VAN DIE REPUBLIEK VAN SUID-AFRIKA

Registered at the Post O@ce as a Newspaper As ‘n Nuusblad by die Poskantoor Geregistreer

CAPE TOWN, 30 APRIL 1999VOL. 406 No. 19978

KAAPSTAD, 30 APRIL 1999

IOFFICE OF THE PRESIDENT

No. 510. 30 April 1999

It is hereby notified that the President has assented to thefollowing Act which is hereby published for generalinformation:—

No. 29 of 1999: Public Finance Management Amendment Act,1999.

KANTOOR VAN DIE PRESIDENT

No. 510. 30 April 1999

Hierby word bekend gemaak dat die President sy goed-keuring geheg het aan die onderstaande Wet wat hierby teralgemene inligting gepubliseer word:—

No. 29 v a n 1 9 9 9 : Wysigingswet Op Openbare Finansi~[~

Bestuur. 1999,

GENERAL EXPLAN.$TORY NOTE:

[ 1 \\’ords ill bold type illsqLlare bl-ackets indicate omissions fromexisting enactments.

\l’01-ds underlined with a solid line indicate insertions inexisting enactments.

(Etlglisli te.vf si~l]ed IIy tllc Prc.sidcllt. )(Asserlted tc) 14 Al]ril 1999.)

ACTTo amend the Public Finance Nlanagement Act, 1999, to provide for the applicationof that Act to provincial governments; and to provide for matters connectedtherewith.

B E IT ENACTED by the Parliament of the Republic of South Africa.as follows:—

Amendment of section 1 of Act 1 of 1999

1. Section 1 of the Public Finance Management Act, 1999 (Act No. 1 of 1999)(hereinafter referred to as the principal Act), is hereby amended by— 5

(a)

([>)

,.the substitution for the definition of “department” of the following definition:“ ‘department’ means a national or provincial department:”;the substitution for the definition of “executive authority.. of the followingdefinition:“ ‘executive authority’— 10(a) in relation to a national department, means the Cabinet member who is

accountable to Parliament for that department; [and](1>) in relation to a provincial department, ”means the member of the Executive

Council of a province who is accountable to the provincial Ie.rislature forthat department: 15

[(b)](c) in relation to o nationol public entity, means the Cabinet member who is—accountable to Parliament for that public entity or in whose portfolio Itfalls: and

(c)

(d)

(e)

(d) in rel=on to a prokrincial public entity. means the member of theprovincial Executive Council who is accountable to the provincial 20legislature for that public entity or in whose portfolio it falls:”;

the deletion in paragraph (l)) of the definition of .. financial year.’ of the word“national”;the addition at the end of paragraph (l)) of the definition of “irregularexpenditure.’ of the word .’or”, and after that paragraph the following 25paragraph:“(c) any provincial legislation providing for procurement procedures in that

provincial Qovemment:”;the substitution in the definition of “main division within a vote” forparagraph (b) of the following pamgmph: 30

4 so. 1997s GO\’ERNMENT G.AZETTE. 3[) APRIL 1999

Act No. 29.1999 PUBLIC HNANCE MANAGEMENTAMENDMENT ACT. 1999

w)

(g)

(h)

(i)

(j)

(k)

(1)

.’(b) is approved by Parliament or a provincial legislature, as may beappropriate, as part of the vote;”;

the insertion after the definition of “main division within a vote” of thefollowing definition:“ ‘MEC for finance’ means the member of an Executive Council of a 5province responsible for finance in the province;”;the insertion after the definition of “prescribe” of the following definitions:“ ‘provincial department’ means—(a) a provincial administration listed in Schedule 1 of the Public Service Act,

1994; or(b) a department within a provincial administration and listed in Schedule 2

of that Act:‘provincial government business enterprise’ means an entity which—(a) is a juristic person under the ownership control of a provincial executive;(b) has been assigned financial and operational authority to carry on a

business activity;(c) as its principal business, provides goods or services in accordance with

ordinary business principles; and(d) is financed fully or substantially from sources other than—

(i) a Provincial Revenue Fund; or(ii) by way of a tax, levy or other statutory money;

‘provincial public entity’ means—(u) a provincial government business enterprise; or(b) a board, commission, company, corporation, fund or other entity (other

than a provincial government business enterprise) which is—~ (i) established in terms of legislation or a provincial constitution;

(ii) fully or substantially funded either from a Provincial Revenue Fundor by way of a tax, levy or other money imposed in terms oflegislation; and

(iii) accountable to a provincial legislature;‘provincial treasury’ means a treasury‘established in terms of section 17;”;the substitution for the definition of “public entity” of the followingdefinition:“ ‘public entity’ means a national or provincial public entity;”;the addition at the end of paragraph (a) of the definition of “Revenue Fund”of the word “or”, and after that paragraph the following paragraph:“(b) a Provincial Revenue Fund mentioned in section 226 of the Constitu-

tion:”:the addition at the end of paragraph (a) of the definition of “trading entity” ofthe word “or”, and after that paragraph the following paragraph:“(b) in the case of a provincial department, with the approval of the relevant

provincial treasury acting within a prescribed framework;”;the substitution for the definition of “treasury” of the following definition:“ ‘treasury’ means the National Treasury or “a provincial treasu-~, as maybeappropriate in the circumstances;”; andthe substitution in the definition of “vote” for paragraph (b) of the followingparagraph:“(b) is separately approved by Parliament or a provincial legislature, as may

be appropriate, before it approves the relevant draft appropriation Act assuch.”.

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2. Sec[ion 3 of the principal Act is hereby amended by—(a) the substitution for paragraph (d) of subsection(1) of the following paragraph:

“(d) Parliament and the provincial legislatures, subject to subsection (2). :and

(/7) the addition at the end of paragraph (u) of subsection (2) of the word “and..,and after that paragraph the following paragraph:“(b) a provincial legislature. any controlling and supervisory functions of the

National Treasury and a provincial treasury in terms of that provision areperformed by the Speaker of the provincial legislature.”.


3. Section 6 of the principal Act is hereby amended by the substitution for paragraph(c) of subsection (2) of the following paragraph:

“(c) must monitor and assess the implementation of this Act, includin& anyprescribed norms and standards, in provincial departments, in [national]public entities and in constitutional institutions;”.


4. Section 7 of the principal Act is hereby amended by the substitution for subsection(5) of the following subsection:

“(5) A bank which has opened a bank account for a department, a public entitylisted in Schedule 3 or a constitutional institution, or any other institution that holdsmoney for a department, a public entity listed in Schedule 3 or a constitutionalinstitution, must promptly disclose information regarding the account when sorequested by the National Treasury or the Auditor-General, or, in the case of aprovincial department or provincial public entity, by the National Treasury, theAuditor-General or the relevant provincial treasury.’..


5. Section 10 of the Drinciual Act is hereby amended by—(a)

(b)

(c)(d)

. .the addition at the end of paragraph (a) of subs~ction ( 1 ) of the word “and”,and after that paragraph the following paragraph:“(b) in relation to a provincial department or provincial public entity, in

writing delegate any of the powers entrusted to the National Treasury interms of this Act to a provincial treasury, or request that treasury toperform any of the duties assigned to the National Treasury in terms ofthis Act. as the Minister and the relevant MEC for finance may agree.”:

the substitution in subsection (2) for the words preceding paragraph (a) of thefollowing words:

“(2) A delegation. instruction or request in terms of subsection (1) to thehead of a department forming part of the National Treasury. or to a provincial=—”;the deletion at the end of paragraph (b) of subsection (2) of the word “and”;the insertion after paragraph (b) of subsection (2) of the following paragraph:.’(c) may authorise a provincial treasury, in the case of subsection ( 1 )(b)—

(i) to sub-delegate. in writing, the delegated power to an official in thatprovincial treasury, or to the holder of a specific post in thatprovincial treasury, or to the accounting officer for a provincialdepartment, or to the accounting authority for a provincial publicentity; or

(ii) to instruct an official in that provincial treasury, or the holder of aspecific post in that provincial treasury, or the accounting officer fora provincial department, or the accounting authority for a provincialpublic entity. to perform the assigned duty; and”; and

—

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(CJ) by the substitution for subsection (3) of the following subsection:.’(3) The Minister may confirm, vary or revoke any decision taken by the

head of a department forming part of the National Treasury, or by a provincialtreasu~ as a result of a delegation, instruction or request in terms ofsubsection ( 1)(a) or (b), or by a treasury official or accounting officer or 5accounting authority as a result of an authorisation in terms of subsection(~)(b) or (c). subject to any rights that may have become vested as aconsequence of the decision.”.

Insertion of Chapter 3 in Act 1 of 1999

6. The following Chapter is hereby inserted in the principal Act after Chapter 2:

“CHAPTER 3

PROVINCML TREASURIES AND PROVINCML REVENUE FUNDS

Part 1: Provinctil treasuries

Establishment

17. (1) There is a provincial treasury for each province, consisting of—(a) the MEC for finance in the province, who is the head of the provincial

treasury; and(b) the provincial department responsible for financial matters in the province.

(2) The MEC for finance as the head of a provincial treasury takes the policy and otherdecisions of the treasury, except those decisions taken as a result of a delegation orinstruction in terms of section 20.

Functions and pourers

18. (1) A provincial treasury must—(u) prepare the provincial budget;(b) exercise control over the implementation of the provincial budget;(c) promote and enforce transparency and effective management in respect of

revenue, expenditure, assets and liabilities of provincial departments andprovincial public entities; and

(d) ensure that its fiscal policies do not materially and unreasonably prejudicenational economic policies.

(2) A provincial treasury—(a) must issue provincial treasury instructions not inconsistent with this Act;(b) must enforce this Act and any prescribed national and provincial norms and

standards, including any prescribed standards of generally recognisedaccounting practice and uniform classification systems, in provincial depart-ments;

(c) must comply with the annual Division of Revenue Act, and monitor and assessthe implementation of that Act in provincial public entities;

(d) must monitor and assess the implementation in provincial public entities ofnational and provincial norms and standards;

(e) may assist provincial departments and provincial public entities in buildingtheir capacity for efficient, effective and transparent financial management;

v) may investigate any system of financial management and internal controlapplied by a provincial department or a provincial public entity;

(g) must intervene by taking appropriate steps, which may include the withhold-ing of funds, to address a serious or persistent material breach of this Act bya provincial department or a provincial public entity;

(/1) must promptly provide any information required by the National Treasury interms of this Act; and

(i) may do anything further that is necessary to fulfil its responsibilitieseffectively.

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Annual consolidated financial statements

19. (1) A provincial treasu~ must—(n) prepare consolidated financial statements, in accordance with generally

recognised accounting practice, for each financial year in respect of—(i) provincial departments in the province;

(ii) public entities under the ownership control of the provincial executive ofthe prolince: and

(iii) the provincial legislature in the province; and(b) submit those statements to the Auditor-General within three months after the

end of that financial year.(2) The Auditor-General must audit the consolidated financial statements and submit

an audit report on the statements to the provincial treasury of the province concernedwithin three months of receipt of the statements.

(3) The MEC for finance in a province must submit the consolidated financialstatements and the audit report, within one month of receiving the report from theAuditor-General, to the provincial legislature for tabling in the legislature.

(4) The consolidated financial statements must be made public when submitted to theprovincial le&islature.

(5) If the MEC for finance fails to submit the consolidated financial statements and theAuditor-General’s audit report on those statements to the provincial legislature withinseven months after the end of the financial year to which those statements relate—

(a) the MEC must submit to the legislature a written explanation setting out thereasons why they were not submitted; and

(b) the Auditor-General may issue a special report on the delay.

Delegations by provincial treasuries

20. (1) The MEC for finance in a province may, in writing, delegate any of the powersentrusted or delegated to the provincial treasury in terms of this Act to the head of thedepartment referred to in section 17(1)(b), or instruct that head of department to performany of the duties assigned to the provincial treasury in terms of this Act.

(2) A delegation or instruction in terms of subsection (1) to the head of the departmentreferred to in section 17(1 )(b)—

(a) is subject to any limitations or conditions that the MEC for finance mayimpose;

(b) may authorise that head—(i)-

(ii)

to, in writing, sub-delegate the delegated power to another treasuryofficial or the holder of a specific post in that treasury, or to theaccounting officer for a provincial department, or to the accountingauthority for a provincial public entity in the province; orto instruct another provincial treasury official or the holder of a specificpost in that treasury, or the accounting officer for a provincialdepartment, or the accounting authority for a provincial public entity inthe province. to perform the assigned duty; and

(c) does not divest the MEC for finance of the responsibility concerning theexercise of the delegated power or the performance of the assigned duty.

(3) The MEC for finance may confirm, vary or revoke any decision taken by the headof the department referred to in section 17(1 )(b), as a result of a delegation or instructionin terms of subsection (]). or by a treasury official or accounting officer or accountingauthority as a result of an authorisation in terms of subsection (2)(b), subject to anyrights that may have become vested as a consequence of the decision.

Part 2: Provi!tcial Reve)zue Fu)lds

Control of Provincial Revenue Funds

21. (1) The provincial treasury of a province is in charge of that province’s ProvincialRevenue Fund and must enforce compliance with the provisions of section 226 of theConstitution, namely that—

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(a) all money recei\ed b! the provincial government must promptly be paid intothe Fund, except money reasonably excluded by this Act or another Act ofparliament; and

(b) no money ma! be withdrawn from the Fund except—(i) in terms of an appropriation by a provincial Act; or

(ii) as a direct charge against the Fund when it is provided for in theConstitution or a provincial Act.

(2) Money that must be paid into the Provincial Revenue Fund is paid into the Fundby depositing it into a bank account of the Fund in accordance with any requirementsthat may be prescribed.

(3) A provincial treasury must establish appropriate and effective cash managementand banking arrangements for its Provincial Revenue Fund in accordance with theframework that must be prescribed in terms of section 7.

Deposits into Provincial Revenue Funds

22. (1) All money received by a provincial government, including the province’sequitable share, and grants made to it, in terms of the annual Division of Revenue Act,must be paid into the province’s Provincial Revenue Fund, except money received by—

(a) the provincial legislature in the province;(b) a provincial public entity in tie province;(c) the provincial government from donor agencies which in terms of legislation

or the agreement with the donor, must be paid to the Reconstruction and“Development Programme Fund;

(d) a provincial department in the province—(i) operating a trading entity, if the money is received in the ordinary course

of operating the trading entity;(ii) in trust for a specific person or category of persons or for a specific

purpose;(iii) from another department to render an agency service on behalf of that

department;(iv) in terms of the annual Division of Revenue Act, if the money is exempted

by that Act from payment into the Revenue Fund; or(v) if the money is of a kind described in Schedule 4.

(2) The exclusion in subsection (1)(b) does not apply to a provincial public entity inthe province which is not listed in Schedule 3 but which, in terms of section 47, isrequired to be listed.

(3) Draft legislation that excludes money from payment into a Provincial RevenueFund may be introduced in Parliament only after the Minister has been consulted on thereasonableness of the exclusion and has consented to the exclusion.

(4) Any legislation inconsistent with subsection (1) is of no force and effect to theextent of the inconsistency.

(5) Money received by a provincial legislature or a provincial public entity listed inSchedule 3 must be paid into a bank account opened by the entity concerned.

Withdrawal of exclusions from Provincial Revenue Funds

23. (1) The National Treasury, after having consulted the relevant provincial treasury,may withdraw, from a date determined by it, any exclusion granted to a provincialdepartment or provincial public entity in terms of section 22(1), either with regard to allmoney or with regard to money of a specific kind received by that department or publicentity, if—

(a) the exclusion is not reasonable within the context of section 226 of theConstitution; or

(b) the National Treasury regards the withdrawal of the exclusion to be necessaryfor transparency or more effective and accountable financial management.

(2) The exclusion in terms of section 22(1) of a provincial government businessenterprise which is a company and in which the relevant province is not the soleshareholder, may not be withdrawn, provided the National Treasury has given its prior

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written approval to the prot’ince to participate in a company that is not wholly owned bythe province.

(3) From the date on \vhich the withdrawal of an exclusion in terms of subsection ( 1 )takes effect until the end of the relevant financial year, a provincial treasury may transfermoney from the Provincial Re\’enue Fund. as a direct char&e against the Fund, to theprovincial department or provincial public entity affected by the withdrawal of theexclusion—

(a) if a provincial Act pro~fides for the transfer to be a direct charge; and(b) provided that the amount of the transfer does not exceed the amount that

would otherwise have been excluded from payment into the Fund.(4) The Minister must promptly inform Parliament of any withdrawal of an exclusion

in terms of subsection ( 1).

V’ithdrawals and investments from Provincial Revenue Funds

24. (1) Only a provincial treasury may withdraw money from a Provincial RevenueFund, and may do so only—

(a) to provide funds that have been authorised—(i) in terms of an appropriation by a provincial Act: or

(ii) as a direct charge against the Provincial Revenue Fund provided for inthe Constitution or a provincial ACL

(b) to refund money incorrectly paid into, or which is not due to, the ProvincialRevenue Fund: or

(c) to deposit into or invest money in the National Revenue Fund.(2) A payment in terms of subsection (1)(b) or (c) is a direct charge against a

Provincial Revenue Fund if a provincial Act so provides.(3) (a) A provincial treasury, in accordance with a prescribed framework, may invest

temporarily in the Republic money in the province’s Provincial Revenue Fund that is notimmediately needed.

(b) When money in a Provincial Revenue Fund is invested, the investment, includinginterest earned, is regarded as part of that Fund.

Use of funds in emergency situations

25. (1) The MEC for finance in a province may authorise the use of funds from thatprovince’s Provincial Revenue Fund to defray expenditure of an exceptional naturewhich is currently not provided for and which cannot, without serious prejudice to thepublic interest in the province. be postponed to a future appropriation by the provincialle&islature.

(2) The combined amount of any authorisations in terms of subsection (1) may notexceed two per cent of the total amount appropriated in the annual provincial budget forthe current financial year.

(3) An amount authorised in terms of subsection (1) is a direct charge against theProvincial Revenue Fund if a provincial Act so provides.

(4) An amount authorised in terms of subsection (1) must—(a) be repofled to the provincial legislature and the Auditor-General within 14

days; and(1?) be attributed to a vote.

(5) A report to a provincial legislature in terms of subsection (4)(a) must be submittedto the provincial legislature for tabling in the legislature and made public.

(6) Expenditure in terms of subsection (1) must be included either in the nextprovincial adjustments budget for the financial year in which the expenditure isauthorised. or in other appropriation legislation tabled in the provincial legislaturewithin 120 days of the MEC for finance in the province authorisin& the expenditure,whichever is the sooner.”.

Substitution of heading in Chapter 4 of Act 1 of 1999

8. The heading “NATIONAL BUDGETS” in Chapter 4 of the principal Act ishereby substituted for the following heading:

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Substitution of section 26 of Act 1 of 1999

9. The following section is hereby substituted for section 26 of the principal Act:

“Annual appropriations

26. Parliament and each provincial legislature must appropriate moneyfor each financial year for the requirements of the state and the province, 5respectively. .’.


10. Section 27 of the principal Act is hereby amended by—(a) the insertion after subsection (1) of the following subsection:

“(2) The MEC for finance in a province must table the provincial annual 10budget for a financial year in the provincial legislature not later than twoweeks after the tablin,~ of the national annual budget, but the Minister may

PProve an extension of time for the tabling of a provincial budget.”;(b) ;he substitution for paragraph (e) of subsection (3) of the following paragraph:

“(e) estimates of revenue excluded in terms of section 13(1) or 22( 1] from the 15relevant Revenue Fund for that financial year;”;

(c) the substitution for paragraph (fl of subsection (3) of the following paragraph:“&) estimates of all direct charges against the relevant Revenue Fund and

standing appropriations for that financial year;”; and(d) the substitution for subsection (4) of the following subsection: 20

“(4) When the annual budget is introduced in the National Assembly or aprovincial legislature, the accounting officer for each depmment must submitto Parliament or the provincial legislature, as maybe appropriate, measurableobjectives for each main division within the department’s vote. The relevanttreasury may co-ordinate these submissions and consolidate them in one 25document.”.


11. Section 28 of the principal Act is hereby amended by the substitution in subsection(1) for the words preceding paragraph (a) of the following words:

“(1 ) The Minister and the MEC for finance in a province must annually table in 30the National Assembly and in that province’s provincial legislature, respectively, amulti-year budget projection of—”.


12. Section 29 of the principal Act is hereby amended by—(a)

(b)

(c)

the substitution for subsection ( 1 ) of the following subsection: 35“(l) If an annual budget is not passed before the start of the financial year

to which it relates. funds may be withdrawn in accordance with this sectionfrom the relevant Revenue Fund for the services of the state or the provinceconcerned during that financial year as direct charges against the Fund untilthe budget is passed..’; 40the substitution for subsection (3) of the following subsection:

“(3) The funds provided for in subsection (1) are not additional to fundsappropriated for the relevant financial year, and any funds withdrawn in termsof that subsection must be regarded as forming part of the funds appropriatedin the relevant annual budget for that financial year.”; and 45 ~the addition after subsection (3) of the following subsection:

“(4) This section does not apply in respect of a province unless a provincialAct provides that the withdrawal of funds in terms of this section is a directcharge against that province’s Revenue Fund.”.

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Insertion of section 31 in Act 1 of 1999

13. The following section is hereby inserted in the principal Act after section 30:

“Provincial adjustments budgets

31. ( 1 ) The MEC for finance in a province may table an adjustmentsbudget in the provincial legislature, subject to subsection (3).

(2) An adjustments budget of a province may only provide for—(a)(b)

(c)(d)

(e)

f)

(s)

the appropriation of funds tha~ have become available to the province;unforeseeable and unavoidable expenditure recommended by theprovincial Executive Council of the province within a frameworkdetermined by the Minister;any expenditure in terms of section 25;money to be appropriated for expenditure already announced by theMEC for finance during the tabling of the annual budget;the shifting of funds between and within votes or to follow the transferof functions in terms of section 42;the utilisation of savings under a main division within a vote for thede frayment of excess expenditure under another main division withinthe same vote in terms of section 43; andthe roll-over of unspent funds from the preceding financial year.

(3) The Minister may determine the time “when an-adjustments budgetmay be tabled in a provincial legislature, as well as the format for suchbudgets.’..


14, Section 32 of the principal Act is hereby amended by the insertion after subsection) of the following subsection:

“(2) After &e end of a prescribed period, but at least quarterly, every provincialtreasury must submit to the National Treasury a statement of revenue andexpenditure with regard to the Revenue Fund for which that treasury is responsible,for publication in the national Goveritmerlt Gazerte within 30 days after the end ofeach prescribed period.’..


15. Section 33 of the principal Act is hereby amended by the substitution for thewords preceding paragraph (a) of the following words:

“The relevant treasury-’..


16. The following section is hereby substituted for section 34 of the PrinciPal Act:

“Unauthorised expenditure

34. (1) Unauthorised expenditure does not become a charge against aRevenue Fund except when—(a) the expenditure is an overspendin& of a vote and Parliament or a

provincial legislature, as may be appropriate. approves, as a direct

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charge against the relesant Revenue Fund. an additional amount forthat \ote which covers the overspending; or

(b) the expenditure is unauthorised for another reason and Parliament or aprovincial Iesislature, as may be appropriate, authorises the expen~ture as a direct charge against the relevant Revenue Fund.

(2) If Parliament or a provincial legislature does not approve in terms ofsubsection ( 1 )~a) an additional amount for the amount of any overspending,that amount becomes a charge against the funds allocated for the next orfuture financial years under the relevant vote.”.

Insertion of section 3j in Act 1 of 1999

17. The following section is hereby inserted in the principal Act after section 34:

“Unfunded mandates

35. Draft national legislation that assigns an additional function or powerto, or imposes any other obligation on, a provincial government, must, in amemorandum that must be introduced in Parliament with that legislation,give a projection of the financial implications of that function, power orobligation to the pro~ince. ”.


18. Section 36 of the principal Act is hereby amended by—(a)

(b)

the substitution in subsection (3) for the words preceding paragraph (a) of thefollowing words:

“(3) The relevant treasury may, in exceptional circumstances, approve orinstruct in writing that a person other than the person mentioned in subsection(2) be the accounting officer for—”; andthe substitution for subsection (4) of the following paragraph:

“(4) The relevant treasury may at any time withdraw in writing an approvalor instruction in terms of subsection (3).”.


19. Section 38 of the principal Act is hereby amended by the substitution forparagraph (g) of subsection (1) of the following paragraph:

“(g) on discovery of any unauthorised, irregular or fruitless and wastefulexpenditure, must immediately report, in writing, particulars of the expendi-ture to the relevant treasury and in the case of irregular expenditure involvingthe procurement of goods or services, also to the relevant tender board;”.


20. Section 39 of the principal Act is hereby amended by—(a) the substitution in paragraph (b) of subsection (2) for the words preceding

subparagraph (i) of the foIlowing words:“(b) report to the executive authority and the relevant treasury any impend-

ing—”; and(b) the substitution for paragraph (c) of subsection (2) of the following paragraph:

“(c) comply with any remediaI measures imposed by the relevant ~reasury interms of this Act to prevent overspending of the vote or a main divisionwithin the vote.”.

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Amendment of section 40 of Act 1 of 1YY9

21. Section 40 of the principal Act is hereby amended by—(a) the substitution of subparagraph (ii) of subsection (1 )(c) of the following

subparagraph:“(ii) the rele\7ant treasury to enable that treasury to prepare consolidated

financial statements in terms of section 8 or 19;”;(b) the substitution in paragraph (d) of subsection (1) for the words preceding

subparagraph (i) of the following words:“(d) must submit within five months of the end of a financial year to the

relevant treasury and, in the case of a department or trading entity, also tothe executive authority responsible for that department or tradingentity—..:

(c) the substitution for paragraph V) of subsection (1) of the following paragraph:“~) is responsible for the submission by the department or constitutional

institution of all reports, returns, notices and other information toParliament, the relevant provincial legislature, an executive authority,the rele\ant treasury or the Auditor-General, as may be required by thisAct.”;

(d) the substitution for paragraph (a) of subsection (4) of the following paragraph:“~a) each year before the beginning of a financial year provide tie relevant

treasury in the prescribed format with a breakdown per month of theanticipated revenue and expenditure of that department for that financialyear;”; and

(e) the substitution in paragraph (c) of subsection (4) for the words precedingsubparagraph (i) of the following words:“(c) within 15 days of the end of each month submit to the relevant treasury

and the executive authority responsible for that department-’..

Substitution of section 41 of Act 1 of lYYY


“Information to be submitted by accounting officers

41. An accounting officer for a department, trading entity or constitu-tional institution must submit to the relevant treasury or the Auditor-General, such information, returns, documents, explanations and motiva-tions as maybe prescribed or as the relevant treasury or the Auditor-Generalmay require..’.


23. Section 42 of the principal Act is hereby amended by the substitution forsubsection (3) of the following subsection:

“(3) The accounting officer for the transfemin& department must file a copy ofthe signed inventory with the relevant treasu~ and the Auditor-General within 14days of the transfer . . . .

Amendment of section 43 of Act 1 of 1YY9

24. Section 43 of the principal Act is hereby amended bY—(a)

(b)

the substitutio~ for subsection ( 1 ) of the following subsection:“(1) An accountin& officer for a department may utilise a saving in the

amount appropriated under a main division within a vote tow~ds thedefrayment of excess expenditure under another main division within thesame vote, unless the relevant treasury directs otherwise...:the substitution for sub=n (3) of the following subsection:

“(3) An accounting officer must within seven days submit a reportcontaining the prescribed particulars concerning the utilisation of a saving interms of subsection (1). to the executive authorit>’ responsible for thedepartment and ~ the relevant treasury.”; and

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(c) the substitution for subsection (5) of the following subsection:“(5) A utilisation of a saving in terms of subsection (1) is a direct

charge against the relevant Revenue Fund provided that, in the case of aprovince. that pro~ince enacts such utilisation as a direct charge.”.


25. Section 44 of the principal Act is hereby amended by the substitution forparagraph (a) of subsection (2) of the following paragraph:

“(a) is subject to any limitations and conditions prescribed in terms of this Actoras the relevant treasury may impose;”.


26. Section 47 of the principal Act is hereby amended by the substitution forparagraph (b) of subsection (4) of the following paragraph:

“(b) any public institution which functions outside the sphere of national ~provincial government ; and”.



“(1 ) The Minister may by notice in the national Government Gazerte classifypublic entities listed in Schedule 3 in accordance with the relevmt definitions setout in section 1, as—

(a) national government business enterprises; [and][b) provincial government business enterprises;

[(b)]~ national public entities@fd) provincial public entities.”.


28. Section 49 of the principal Act is hereby amended by—(a) the substitution for subsection (3) of the following subsection:

“(3) The relevant treasury, in exceptional circumstances, may approveor instruct that another functionary of a public entity must be theaccounting authority for that public entity.”; and

(b) the substitution for subsection (4) of the following subsection:“(4) The relevant treasury may at any time withdraw an approval or

instruction in terms of subsection (3).”.


29. Section 51 of the principal Act is hereby amended by the substitution forparagraph (~) of subsection (1) of the following paragraph:

“~) is responsible for the submission by the public entity of all reports, returns,notices and other information to Parliament or the relevant provinciallegislature and to the relevant executive authority or treasury, as may berequired by this Act;”.


30. Section 52 of the principal Act is hereby amended by the substitution for thewords preceding p~agraph (a) of the following words:

“52. The accounting authority for a public entity listed in Schedule 2 or agovernment business enterprise listed in Schedule 3 must submit to the accountingofficer for a dep~ment designated by the executive authority responsible for thatpublic entity or government business enterprise, and to the relevant treasury, atleast one month, or another period agreed with the National Treasury, before theSt@ of its financial year-”.

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Amendment of section j4 of Act 1 of 1999

31, Section 54 of the principal Act is hereby amended by—(u) the substitution for subsection ( I ) of the followin& subsection:

“(1 ) The accounting authori[y for a public entity must subnit to therelevant treasur} or the Auditor-General such information. returns. 5documents. explanations and motivations as may be prescribed or as therelevant treasury or the Auditor-General may require...; and

(b) the substitution in subsection (2) for the words preceding paragraph (a) of thefollowin& words:

“(~) Before a public entity concludes any of the following transac- 10tions, the accounting authority for the public entity must promptly and inwriting inform the relevant treasury of the transaction and submitrelevant particulars of the transaction to its executive authority forapproval of the transaction:’..

Amendment of section 55 of Act 1 of 1999 15

32. Section 55 of the principal Act is hereby amended by—(u) the substitution for subparagraph (ii) of subsection (1 )(c) of the following

subparagraph:“(ii) if it is a business enterprise or other public entity under the ownership

control of the national or a provincial government, to the relevant 20treasury: and’.;

(b) the substitution in paragraph {d) of subsection (1) for the words precedingsubparagraph (i) of the following words:.’(d) must submit within five months of the end of a financial year to the

relevant treasury, to the executive authority responsible for that public 25entity and, if the Auditor-General did not perform the audit of thefinancial statements. to the Auditor-General—”;

(c) the substitution for subsection (3) of the following subsection:“(3) An accountin& authority must submit the report and statements

referred to in subsection ( 1 )(d), for tabling in Parliament or the provincial 30legislature, to the relevant executive authority through the accountingofficer of a department designated by the executive authority.”: and

(dJ the substitution for subsection (4) of the following subsection:“(4) The relevant treasury may direct that, instead of a separate report,

the audited financial statements of a Schedule 3 public entity which is not 35a &overnment business enterprise must be incorporated in those of adepartment designated by [the] @ treasury.”.


33. Section 62 of the principal Act is hereby amended by the substitution forsubsection (3) of the following subsection: 40

“(3) The executive authority responsible for a public entity in respect of whichthe Auditor-General has issued a special report in terms of subsection ( 1 ) or (2).must promptly table the report in the National Assembly or the relevant provinciallegislature, as may be appropriate.”.


34. Section 63 of the principal Act is hereby amended by the substitution forsubsectio n (2) of the following subsection:

“(2) The executive authority responsible for a public entity under the ownershipcontrol of the national or a provincial executive must exercise that executive’sownership control powers to ensure that that public entity complies with this Act 50and the financial policies of that executive.”.

2s X(). 1997s G(>\’ERNNIENT GAZE~E. 30 APRIL 19Y9

,ict so. 29, 1999 PL-BLIC HNANCE hlANAGEMENT.AMENDMENT ACT. 1999



.’(3) Any decision of the executive authority to proceed with the implementationof the directive, and the reasons for the decision, must be in writing, and the 5accounting officer must promptly file a copy of this document with the NationalTreasury and the Auditor-General, and if a provincial department is involved, alsowith the relevant provincial treasury. .’,


36. Section 65 of the principal Act is hereby amended by the substitution in subsection 10(1) for the words preceding paragraph (u) of the following words:

“(1 ) The executive authority responsible for a department or public entity musttable in the National Assembly or a provincial legislature, as may be appro-@—”.


37. Section 66 of the principal Act is hereby amended by—(a) the addition at the end of paragraph (b) of subsection (1) of the word “and”,

and after that paragraph the following paragraph:“Jc) in the case of loans by a province or a provincial government business

enterprise under the ownership control of a provincial executive, is 20within the limits as set in terms of the Borrowing Powers of Provincial IGovernments Act, 1996 (Act No. 48 of 1996).”;

(b) the substitution for subsection (2) of the following subsection:“(2) [Only the following persons may] A government may only

through the following persons borrow money, or issue a guarantee, 25indemnity or security, or enter into any other transaction that binds ormay bind [the] s Revenue Fund to any future financial commitment:(a) [Transactions that bind or may bind] The National Revenue

Fund: The Minister or, in the case of the issue of a guarantee,indemity or security, the responsible Cabinet member acting with 30the concurrence of the Minister in terms of section 70.

(b) A Provincial Revenue Fund: The MEC for finance in the province,acting in accordance with the Borrowing Powers of ProvincialGovernments Act, 1996.”;

(c) the addition in subsection (3) of the following paragraph: 35‘~d) A provincial government business enterprise listed in Schedule 3 and

authorised by notice in the national Government Gazetre by the Minister:The MEC for finance in the province, acting with the concurrence of theMinister, subiect to any conditions that the Minister may impose.”;

(d) the substitution for subsection (4) of the following subsection: 40“(4) Constitutional institutions and provincial public entities not

mentioned in subsection (3)(d) may not borrow money, nor issue aguarantee, indemnity or security, nor enter into any other transaction thatbinds or may bind the institution or entity to any future financialcommitment.”; and 45

(e) the substitution for subsection (5) of the following subsection:“(5) Despite subsection (4), the Minister may in writin& permit a

public entity mentioned in subsection (3) (c) ~ or a constitutionalinstitution to borrow money for bridging purposes up to a prescribed .limit, including a temporary bank overdraft, subject to such conditions as 50the Minister may impose.”.

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,~Ct No. 29. 199Y PUBLIC FINANCE MANAGEMENTAMENDMENT ACT. 19Y9

Insertion of section 67 of Act 1 of 1999

38. The following section is hereby insemed in the principal Act after section 66:

“No provincial foreign commitments

67. A provincial government, including any provincial public entity, may 5not borrow money or issue a guarantee, indemnity or security or enter intoany other transaction that binds itself to any future financial commitment,denominated in a foreign currency or concluded on a foreign financialmarket.”.



“Regulations on borrowing by public entities

69. The Minister may regulate by regulation in terms of section 76 theborrowing of money by or for or on behalf of public entities referred to insection 66(3)(b~ [and] (c) and (d).”.


40. Section 77 of the principal Act is hereby amended—(a) by the substitution for subparagraph (ii) of paragraph (a) of the following

subparagraph:“(ii) the majority may not be persons in the employ of the department,

except with the approval of the relevant treasury; and”; and(b) by the substitution for paragraph (c)of the following paragraph:

“(c) may be established for two or more departments or institutions if therelevant treasury [consider] considers it to be more economical.”.



“(1 ) The Minister, by notice in the national Governmerzt Gazefte, mustdetermine—

(a) a uniform interest rate applicable to loans granted out of [the] g RevenueFund; and

(b) a uniform interest rate applicable to all other debts which must be paidinto [the] g Revenue Fund.”.



“Financial misconduct by treasury officials

82. An official of [the] g treasury to whom a power or duty is assigned interms of section 10 or 20 commits an act of financial misconduct if thatofficial wilfully or ne~ently fails to exercise that power or perform thatduty.”.

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43. Section 85 of the principal Act is hereby amended by—(a) the substitution in paragraph (a) of subsection (1) for the words preceding

subparagraph (i) of the following words:“(a) the manner, form and circumstances in which allegations and

disciplinary and criminal charges of financial misconduct must bereported to the National Treasury, the relevant provincial treasuryand the Auditor-General, including—”;

(b) the substitution for paragraph (c) of subsection(1) of the following paragraph:‘.(c) the circumstances in which the National Treasury or a provincial

treasury may direct that disciplin~ steps be taken or criminalcharges be laid against a person for financial misconduct;”; and

(c) the substitution for paragraph (e) of subsection (1) of the following paragraph:“(e) the circumstances in which the findings of a disciplinary board and

any sanctions imposed by the board must be reported to the NationalTreasury, the relevant provincial treasury and the Auditor-General;and”.


44. Section 89 of the principal Act is hereby amended by the substitution forsubparagraph (v) of subsection (1)(a) of the following subparagraph:

“(v) Parliament and the provincial legislatures;”,

Amendment of Schedule 3 to Act 1 of 1999

45. Schedule 3 to the principal Act is hereby amended by the addition of the followingParts:

“Part C: Provincial Public Entities

Eastern Cape:

1. Centre for Investment and Marketing in the Eastern Cape2. Eastern Cape Agricultural Bank3. Eastern Cape Appropriate Technology Unit4. Eastern Cape Arts Council5, Eastern Cape Consumer Affairs Court6. Eastern Cape Development Corporation7. Eastern Cape Development Tribunal8. Eastern Cape Gambling and Betting Board9. Eastern Cape Liquor Board

10. Eastern Cape Local Road Transport Board11. Eastern Cape Museums12. Eastern Cape Provincial Housing Board13. Eastern Cape Provincially Aided Libraries14. Eastern Cape Regional Authorities15. Eastern Cape Socio-Economic Consultative Council16. Eastern Cape Tender Board17. Eastern Cape Tourism Board18. Eastern Cape Township Board

Free State:

1. Free State Mangaung Nursing College2. Free State Rural Foundation3. Free State Rural Strategy Unit4. Free State Liquor Board5. Free State Gambling ~d Gaming Bo~d6. Free State Tender Board7. Free State Tourism Board8. Free State Youth Commission

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Gauteng:

1. Gauteng Economic Development Agency2. Gauteng Gambling Board3. GautenE Tourism Authorit!4. Gauteng Consumer Affairs Court5. Gauteng Development Tribunal6. Gauteng Education and Training Board7. Gauteng Municipal Demarcation Board8. Gauteng Provincial Housing Board9. Gauteng Services Appeal Board

10. Gauteng Townships Board

KwaZulu-Natal:

1.9A.

3.4.5.6.7.8.9.

10.11.12.13.14.15.16.17.18.19.20.21.22.23.

Kwtiulu-Natal Appeals TribunalKwaZulu-Natal Development & Services BoardKwaZulu-Natal Development TribunalKwaZulu-Natal Gambling BoardKwaZulu-Natal House of Traditional LeadersKwaZulu-Natal Monuments CouncilNatal Sharks BoardKwaZulu-Natal Private Townships BoardKwaZulu-Natal Town and Regional Planning CommissionKwaZulu-Natal Townships BoardKwaZulu-Natal Provincial Peace CommitteeKwaZulu-Natal Tender BoardKwaZulu-Natal Tourism AuthorityKwaZulu-Natal Liquor BoardKwaZulu-Natal Conservation ServicesKwaZulu-Natal Local Roads Transportation BoardKwaZulu-Natal Marketing InitiativeKwaZulu-Natal Economic CouncilKwaZulu-Natal Taxi Task TeamKwaZulu-Natal International Airport Development InitiativeS,A. Life SavingNatal Trust FundNatal Arts Trust

MpumaIanga:

1. Mpumalanga Gambling Board2. Mpumalanga Housing Board3. Mpumalanga Parks Board4. Mpumalanga Tender Board

Northern Cape:

1. Northern Cape Economic Development Unit2. Northern Cape Gambling Board3. Northern Cape Housing Board4. Northern Cape Liquor Board5. Northern Cape Local Transportation Board6. Nofihem Cape Provincial Tender Board7. Northern Cape Tourism Authority8. Northern Cape Youth Commission

Northern Province:

1. Northern Province Agricultural and Rural Development Corporation2. Northern Province Appeal Tribunals3. Nofihem province Development Tribunals4. Noflhern province Panel of Mediators

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5. Northern Province Planning Commission6, Northern Province Provincial Tender Board7. Northern Province Tourism Board8. Northern Province Gaming Board9. Northern Province Liquor Board

10. Northern Province Local Business Centres11. Northern Province Housing Board12. Northern Province Investment Initiative13. Gateway International Airport

North West:

1. NW Agricultural Services CorpoPdtion2. NW Arts Council3. NW Communication Service4. NW Mmabana Cultural Foundation5. NW Ombudsman6. NW Gambling Board7. NW Tender Board8. NW Parks and Tourism Board9. NW Housing Corporation

Western Cape:

1.2.3.4.5.6.7,

WC Investment and Trade Promotion AgencyWC Provincial Tender BoardWC Tourism BoardWC Gambling and Racing BoardWC Housing Development BoardWC Liquor BoardWC Provincial Develo~ment Council

Any subsidiary or entity under the ownership control of the above public entities

Part D: Provincial Government Business Enterprises

Entity:

1.2.3.4.5.6.7.8.9.

10.11.

Algoa Bus CompanyMayibuye Transport CorporationFree State Agri-Eco (Pty) LtdFree State Development CorporationKwtiulu-Natal Finance & Investment CorporationKw&ulu-Natal Mjindi Farming (Pty) LtdMpumalanga Development CorporationMpumalanga Finance CorporationNW Development CorporationNatal Trust Farms (Pty) LtdNorthern Province Development Co~oration

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Any subsidiary or entity under the ownership control of the above public entities”.

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Amendment of Schedule 4 to .$ct 1 of 1999

46. Schedule 4 to the principal Act is hereby amended by the substitution for theheading of the following heading:

“SCHEDULE 4

EXCLUSIONS FROM REVENUE FUNDS

(10 terms of section [13(1)(g)] 13(1) or 22(1 ))..

Substitution of long title of .4ct 1 of 1999

47. The following ion: title is hereby substituted for the long title of the principal Act:“To regulate financial management in the national government and provincial

governments; to ensure that all revenue, expenditure, assets and liabilities of [that 10government is] those governments are mana&ed efficiently and effectively: toprovide for the responsibilities of persons entrusted with financial mana&ement in[that government] those governments; and to provide for matters connectedtherewith.

Amendment of Arrangements of Sections in Act 1 of 1999 15

48. The Arrangemel~ts of Sections after the long title in the principal Act is herebyamended by—

(a) the insertion after the arrangement of sections in Chapter 2 of the followingarrangement:

17.18.19.20.

21.22.23.~4

“CHAPTER 3

PROVINCIAL TREASURIES AND PROVINCIALREVENUE FUNDS

Part 1: Provirlcial treasuries

EstablishmentFunctions and powersAnnual consolidated financial statementsDelegations by provincial treasuries

Part 2: Provincial Revejzue Futzds

Control of Provincial Revenue FundDeposits by provincial departments into Provincial Revenue FundWithdrawal of exclusions from Provincial Revenue FundsWithdrawals from Provincial Revenue Funds

~5. Use of funds in emergency Situations’”;(/)) the insertion after ..30. National adjustments budget” of the following: 35

“31. prolincia] adjustments budgets”;(c) the insertion after .’34. Unauthorised expenditure” of the following:

..35. Unfunded mandates’.; and(d) the insertion after “66. Restrictions on borrowing, guarantees and other

commitments” of the following: 40‘.67. No provincial foreisn commitments” .

Short title and commencement

49. This Act is called the Public Finance Management Amendment Act, 1999, and itsProvisions take effect on the date on which the provisions of the principal Act amendedby the provisions of this Act. take effect. 45

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