Adjustments Appropriation Act, 2014 (Act No. 37 of 2014)

by adminJanuary 26, 2016

Notice No. 1011
9 December 2014
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
Act No. 37 of 2014: Adjustments Appropriation Act, 2014
To effect adjustments to the appropriation of money from the National Revenue Fund for the requirements of the State in respect of the 2014/15 financial year; and to provide for matters incidental thereto.
WHEREAS section 213(2) of the Constitution of the Republic of South Africa, 1996, provides that money may be withdrawn from the National Revenue Fund only in terms of an appropriation by an Act of Parliament;
WHEREAS the Appropriation Act, 2014 (Act No. 33 of 2014), provides for the appropriation of money from the National Revenue Fund to provide for the requirements of the State in respect of the 2014/15 financial year;
AND WHEREAS section 12(1) and (2) of the Money Bills Amendment Procedure and Related Matters Act, 2009 (Act No. 9 of 2009), provides for the tabling of a national adjustments budget, as envisaged in section 30 of the Public Finance Management Act, 1999 (Act No. 1 of 1999), and an adjustments appropriation Bill, to make adjustments to the appropriations in an Appropriation Act,
BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:—
1. Interpretation
In this Act, unless the context indicates otherwise, any word or expression ascribed a meaning in the Appropriation Act, 2014 (Act No. 33 of 2014), or the Public Finance Management Act, 1999 (Act No. 1 of 1999), bears the meaning so ascribed.
2. Adjustments to appropriations of money for requirements of State
3. Amounts listed as specifically and exclusively appropriated
An amount within a vote or a main division within a vote that is listed as specifically and exclusively appropriated in Schedule 2 to this Act, may be utilised only for the purpose indicated, unless the amount or purpose for which it was allocated, is amended—
(a) by an Act of Parliament; or
(b) in terms of the Division of Revenue Act, 2014 (Act No. 10 of 2014).
4. Conditional allocations
(1) The Minister may, in writing—
(a) impose conditions on an allocation in an appropriation listed in Schedule 2 to this Act, in order to promote and enforce transparency and effective management in respect of revenue, expenditure, assets and liabilities of departments, public entities and constitutional institutions as required by section 6(1)(g) of the Public Finance Management Act; and
(b) stop the use of an allocation in respect of which conditions have been imposed, until such conditions are met.

(2) The stoppage of an allocation in terms of subsection

(1)(b) must be disclosed in the National Treasury’s next quarterly report to the relevant Parliamentary Committees.
5. Utilisation of unspent funds
(1) Despite section 43(4)(b) and (c) of the Public Finance Management Act, and in order to expedite service delivery, the Minister may approve the utilisation of unspent funds in an amount appropriated in Schedule 2 to this Act—
(a) for transfer to another organ of state or to an organisation or body outside of government, provided that the expenditure is to be utilised for the same purpose as that of the main division within the vote in which it was originally appropriated; or
(b) from payments for capital assets, within the same vote for other categories of expenditure, other than for the compensation of employees.

(2) The approval of the utilisation of unspent funds in terms of subsection (1) must be disclosed in the National Treasury’s next quarterly report to the relevant Parliamentary Committees.
6. Provision for departments whose funds are in same vote, other than provided for through transfers and subsidies

(1) The votes listed in column 1 of Schedule 1 to this Act contain funds for departments listed in column 2 of Schedule 1.

(2) Despite any legislation to the contrary, expenditure in respect of votes listed in column 1 of Schedule 1 does not constitute unauthorised expenditure in terms of the Public Finance Management Act by virtue only of the fact that expenditure by or for departments listed in column 2 of Schedule 1 may not be in accordance with the specified aim of the vote or the purpose of the main division of the vote.

(3) Subject to the Public Finance Management Act, the accounting officers of the departments listed in column 2 of Schedule 1 whose funds are included within the same vote listed in column 1, must conclude an agreement to determine procedures to be followed in respect of the approval of, and accountability for, expenditure of the funds for the department listed second in column 2 of Schedule 1.

(4) If an agreement referred to in subsection (3) is not concluded by 15 January 2015, the accounting officer of the department listed first in column 2 of Schedule 1 in relation to the vote listed in column 1 of Schedule 1, will be the accounting officer for all expenditure against that vote.
7. Delegations and authorisations

(1) The Minister may—
(a) delegate to an employee of the National Treasury any power conferred on the Minister in terms of this Act, except section 8; and
(b) authorise an employee of the National Treasury to perform any duty imposed on the Minister in terms of this Act.

(2) A delegation or authorisation in terms of subsection (1)—
(a) must be in writing;
(b) is subject to any limitations or conditions that the Minister may impose;
(c) may authorise that employee to sub-delegate, in writing, the delegated power or authorised duty to another employee of the National Treasury;
(d) does not divest the Minister of the responsibility concerning the exercise of the delegated power or the performance of the authorised duty; and
(e) may be withdrawn in writing.

(3) Minister may vary or revoke any decision taken by an employee as a result of a delegation or authorisation in terms of subsection (1), subject to any rights that may have vested as a result of the decision.

8. Regulations
The Minister may, by notice in the Gazette, make regulations regarding any ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation or administration of this Act.
9. Short title
This Act is called the Adjustments Appropriation Act, 2014.

 

 

 

Ref: http://www.acts.co.za/adjustments-appropriation-act-2014/index.html

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