This
contains UNCERTIFIED COPY for information/reference. For authentic
copy,
please refer to certified copy only. In case of any mistake,
please bring it to our notice.
| LegalB's Resources |
South
Africa
NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
Financial Management of
Parliament and Provincial Legislatures Act, No. 10 of 2009
NOTE: Assented to and published in English, with alternative copy in Zulu, except iro date of assent in English**
[...Title amended by Act 2014_034_021_20140901 - was entitled "Financial Management of Parliament Act, 2009"]
Long title
To regulate the financial management of Parliament and provincial legislatures in a manner consistent with its status in terms of the Constitution; to ensure that all revenue, expenditure, assets and liabilities of Parliament and provincial legislatures are managed efficiently, effectively and transparently; to provide for the responsibilities of persons entrusted with financial management in Parliament and provincial legislatures; ; [sic - punctuation] and to provide for matters connected therewith.
______________
[Act 2009_010_073_20140901 Long title amended by Act 2014_034_023_20140901 wef 0000/00/00 ito GG00000000_00000]**
Table of contents
Legislation Text Access Point
NOTE: Assented to and published in English, with alternative copy in Zulu, except iro date of assent in English**
[...Title amended by Act 2014_034_021_20140901 - was entitled "Financial Management of Parliament Act, 2009"]
Long title
To regulate the financial management of Parliament and provincial legislatures in a manner consistent with its status in terms of the Constitution; to ensure that all revenue, expenditure, assets and liabilities of Parliament and provincial legislatures are managed efficiently, effectively and transparently; to provide for the responsibilities of persons entrusted with financial management in Parliament and provincial legislatures; ; [sic - punctuation] and to provide for matters connected therewith.
______________
[Act 2009_010_073_20140901 Long title amended by Act 2014_034_023_20140901 wef 0000/00/00 ito GG00000000_00000]**
Table of contents
| SECTION | TITLE |
| PREAMBLE | |
| CHAPTER
1. INTERPRETATION AND OBJECTS |
|
| 1. | Definitions |
| 2. | Objects
of this Act |
| 3. | Application
of the Act to provincial legislatures [...was entitled "Norms
and standards for provincial legislatures"] |
| CHAPTER
2. OVERSIGHT, EXECUTIVE AUTHORITY AND ADMINISTRATION OF ACT |
|
| Part 1. Oversight mechanism | |
| 4. | Oversight
Mechanism |
| Part 2. Executive Authority | |
| 5. | Executive
Authority |
| Part 3. Administration of Act | |
| 6. | Accounting
Officer |
| 7. | General
financial management functions |
| 8. | Performance
of Accounting Officer |
| 9. | Acting Accounting Officer |
| 10. | Delegation
of powers and duties by Accounting Officer |
| 11. | Responsibilities
of officials |
| 12. | Fiduciary
responsibilities |
| CHAPTER 3. PLANNING AND BUDGETING | |
| 13. | Preparation
of strategic plan, annual performance plan and budget |
| 14. | Strategic
plan |
| 15. | Annual
performance plan |
| 16. | Annual
Budget |
| 17. | Submission
of drafts of strategic plan, annual performance plan and budget |
| 18. | Annual
appropriations and approvals |
| 19. | Expenditure before Parliament’s annual budget is passed |
| 20. | Unauthorised
expenditure |
| 21. | Unauthorised
expenditure of own resources [...was entitled "Unauthorised
expenditure of donor funds"] |
| 22. | Virement
between main divisions within the approved budget |
| 23. | Retention
of unspent funds and return of unspent funds for direct charges [...was entitled "Treatment
of unspent funds"] |
| CHAPTER 4. CASH MANAGEMENT AND INVESTMENT | |
| 24. | Cash
management and investment policy |
| 25. | Opening
of bank accounts |
| 26. | Control
of bank accounts |
| 27. | Withdrawals
from bank accounts |
| 28. | Restrictions
on borrowing, guarantees and other transactions |
| 29. | Requisitioning
of funds by Accounting Officer |
| CHAPTER 5. FINANCIAL MANAGEMENT | |
| 30. | Asset
and liability management |
| 31. | Revenue
management |
| 32. | Management
of debtors |
| 33. | Expenditure
management |
| 34. | Support
for Members and political parties |
| 35. | Transfers |
| 36. | Budget
implementation |
| 37. | Executive
directive with financial implications |
| 38. | Impending
shortfalls and overspending |
| CHAPTER 6. SUPPLY CHAIN MANAGEMENT | |
| 39. | Application of this Chapter |
| 40. | Supply
chain management policy |
| 41. | Implementation
of supply chain management policy |
| 42. | Unsolicited
offers |
| 43. | Tenders
not recommended |
| 44. | Members
of Parliament barred from serving on tender committees |
| 45. | Interference |
| 46. | Prohibition on
contracts |
| CHAPTER 7. AUDIT COMMITTEE AND INTERNAL AUDIT UNIT | |
| 47. | Establishment
of audit committee |
| 48. | Functions of
audit committee |
| 49. | Allegations against Accounting Officer |
| 50. | Internal audit
unit |
| CHAPTER
8. REPORTING AND AUDITING |
|
| Part 1. In-year reporting | |
| 51. | Monthly
financial statements |
| 52. | Quarterly
performance reports |
| 53. | Mid-year
budget and performance assessment |
| 54. | Submission of
reports to an oversight mechanism |
| Part 2. Annual report, financial statements and auditing | |
| 55. | Preparation of
annual reports |
| 56. | Preparation of
financial statements |
| 57. | Submission of
annual financial statements |
| 58. | Auditing of
annual financial statements |
| 59. | Submission of annual report |
| 60. | Tabling and
consideration of annual report |
| 61. | Issues raised
in audit reports |
| 62. | Consequences
of non-compliance with certain provisions |
| Part 3. General reporting responsibilities | |
| 63. | Reporting of
irregularities |
| 64. | Other
information |
| CHAPTER 9. REGULATIONS AND INSTRUCTIONS | |
| 65. | Regulations |
| 66. | Instructions |
| CHAPTER
10. FINANCIAL MISCONDUCT |
|
| Part 1. Disciplinary proceedings | |
| 67. | Financial
misconduct by Accounting Officer |
| 68. | Financial
misconduct by officials |
| Part 2. Criminal proceedings | |
| 69. | Offences |
| 70. | Penalties |
| CHAPTER 11. MISCELLANEOUS | |
| 71. | Liability of
functionaries exercising powers and functions in terms of this Act |
| 72. | Repeal of
legislation |
| 73. | Short title
and commencement |
| Sch. 1 | [...repealed by Act
2014_034_022_20140901 - was entitled :SCHEDULE 1. NORMS AND STANDARDS
FOR PROVINCIAL LEGISLATURES"] [s1; s3] |
| Sch. 2 | SCHEDULE 2. CODE OF ETHICS FOR MEMBERS OF THE EXECUTIVE AUTHORITY [s1; s5] |
| Sch. 3 | SCHEDULE 3. MATTERS THAT MUST BE COVERED IN PARLIAMENT’S SUPPLY CHAIN MANAGEMENT POLICY [s1; s40] |
| Sch. 4 | SCHEDULE 4. TRANSITIONAL ARRANGEMENTS [s1; s73] |
Legislation Text Access Point
| Versions [To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.] |
Access Official Gazette PDF | Request Subscription Fee | Subscriber Access |
| As unamended Act 2009_010_000_20090421 | EXT.LINK (LB full copy on request) | REQ.INFO | LINK |
| As amended by Act 2014_034_000_20140901 . | N/A | REQ.INFO | LINK |
| As amended by ... | N/A | REQ.INFO | LINK |
* LegalB refers to a "version" of an Act or its sections in the format "YYYY_NNN_SSS_YYYYMMDD", which refers to "YEAR OF ACT_ACT NUMBER_SECTION OF ACT_DATE OF GAZETTE", and where "DATE OF GAZETTE" refers to the "YEAR_MONTH_DAY" on the face of the Gazette in which either the Act was originally published or in which the amending, lapsing or repealing instrument was published. Where any segment of the reference string contains only zeros, it means that information is not relevant, not made available, or unavailable.
* Unbolded grey text in square brackets is additional information provided by LegalB.
* "..." indicates further information not provided by LegalB for purpose of brevity
* An Asterisk indicates uncertainty regarding information, and a double asterisk indicates information must be read in the light of our relevant Commentary.