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South Africa
GAUTENG PROVINCIAL LEGISLATION OVERVIEWS
(later renamed "Pretoria-Witwatersrand-Vereeniging Province")
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Gauteng: Financial Managemet of Gauteng Provincial Legislature Act, No. 7 of 2009
[...declared invalid by Constitutional Court Case CCT 94/10 2012 of 2012/03/22]

Long title


To regulate the financial management of the Gauteng Provincial Legislature in a manner consistent with its status in terms of the Constitution; to promote accountable, transparent and sound financial management, to ensure that all revenue, expenditure, assets and liabilities of the Legislature are managed efficiently, effectively and transparently; to provide for the responsibilities of persons entrusted with financial management in the Gauteng Provincial Legislature; and to provide for matters connected therewith.

[...declared invalid by Constitutional Court Case CCT 94/10 2012 of 2012/03/22]

Table of contents

SECTION TITLE

ARRANGEMENT OF SECTIONS

PREAMBLE

CHAPTER 1. INTERPRETATION AND OBJECTS
1. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Definitions"]
2. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Objects of this Act"]

CHAPTER 2. OVERSIGHT, EXECUTIVE AUTHORITY AND ADMINISTRATION OF ACT

Part 1. Oversight mechanism
3. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Oversight mechanism"]

Part 2. Executive Authority
4. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Executive Authority"]

Part 3. Administration of Act
5. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Accounting Officer"]
6. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "General financial management functions
7. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Performance of Accounting Officer"]
8. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Acting Accounting Officer"]
9. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Delegation of powers and duties by Accounting Officer"]
10. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Responsibilities of officials"]
11. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Fiduciary responsibilities"]

CHAPTER 3. PLANNING AND BUDGETTING
12. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Preparation of strategic plan, annual performance plan and budget"]
13. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Strategic plan"]
14. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Annual performance plan"]
15. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Annual budget"]
16. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Submission of drafts of strategic plan, annual performance plan and budget"]
17. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Annual appropriations and approvals"]
18. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Expenditure before the Provincial Legislature's annual budget is passed"]
19. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Unauthorized expenditure"]
20. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Unauthorized expenditure of donor funds"]
21. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Virements between main divisions within the approved budget"]
22. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Treatment of unspent funds"]

CHAPTER 4. CASH MANAGEMENT AND INVESTMENT
23. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Cash management and investment "]
24. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Opening of bank accounts"]
25. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Control of bank accounts"]
26. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Withdrawals from bank accounts"]
27. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Restrictions on borrowing, guarantee and other transactions"]
28. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Requisitioning of funds by Accounting Officer"]

CHAPTER 5. FINANCIAL MANAGEMENT
29. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Asset and liability management"]
30. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Revenue managemen"]
31. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Management of debtors"]
32. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Expenditure management"]
33. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Transfers"]
34. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Budget implementation"]
35. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Financial implications"]
36. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Impending shortfalls and overspending"]

CHAPTER 6. SUPPLY CHAIN MANAGEMENT
37. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Application of this Chapter"]
38. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Supply chain management policy"]
39. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Implementation of supply chain management policy"]
40. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Unsolicited offers"]
41. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Tenders not recommended"]
42. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Members of the Provincial Legislature barred from serving on tender committees"]
43. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Interference"]
44. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Prohibition on contracts"]

CHAPTER 7. AUDIT COMMITTEE AND INTERNAL AUDIT UNIT
45. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Establishment of audit committee"]
46. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Functions of audit committee"]
47. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Allegations against Accounting Officer"]
48. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Internal audit unit"]

CHAPTER 8. REPORTING AND AUDITING

Part 1. In-year reporting
49. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Monthly financial statements"]
50. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Quarterly performance reports"]
51. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Mid-year budget and performance assessment"]
52. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Submission of reports of an oversight mechanism"]

Part 2. Annual report, financial statements and auditing
53. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Preparation of annual reports"]
54. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Preparation of financial statements"]
55. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Submission of annual financial statements"]
56. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Auditing of annual financial statements"]
57. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Submission of annual report"]
58. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Tabling and consideration of annual report"]
59. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Issues raised in audit reports"]
60. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Consequences of non-compliance with certain provisions"]

Part 3. General reporting responsibilities
61. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Reporting of irregularities"]
62. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Other information"]

CHAPTER 9. REGULATIONS AND INSTRUCTIONS
63. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Regulations"]
64. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Instructions"]

CHAPTER 10. FINANCIAL MISCONDUCT

Part 1. Disciplinary proceedings
65. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Financial misconduct by Accounting Officer"]
66. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Financial misconduct by officials"]

Part 2. Criminal proceedings
67. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Offences"]
68. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Penalties"]

CHAPTER 11. MISCELLANEOUS
69. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Liability for functionaries exercising powers and functions in terms of this Act"]
70. [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "Short title and commencement"]
Sch.1 [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "SCHEDULE 1. CODE OF ETHICS FOR THE EXECUTIVE AUTHORITY"]
Sch.2 [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "SCHEDULE 2. MATTERS THAT MUST BE COVERED IN THE PROVINCIAL LEGISATURE'S SUPPLY CHAIN MANAGEMENT POLICY"]
Sch.3 [...declared invalid by Constitutional Court Case CCT 94/10 of 2012/03/22 - was called "SCHEDULE 3. TRANSITIONAL ARRANGEMENTS"]
.
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.]
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As unamended Act gp_2009_007_000_20091113 EXT.LINK REQ.INFO LINK
As declared invalid by Constitutional Court [NOTE declared invalid by Constitutional Court Case CCT 94/10 [2012] ZACC 3 wef date of judgement dated 2012/03/22, judgement suspended for 18 months] N/A REQ.INFO LINK
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