South Africa Act or statute

Parliament of the Republic of South Africa

Adjustments Appropriation Act, 2020

administrationappropriationsbudget adjustmentsbudget controlsdelegationfunds usegovernment expenditure approvalprocedureregulatory-makingreporting

Jurisdiction: South Africa
Structure: 5 provisions
Citation: Act 11 of 2020
Dates: updated 14 Aug 2020

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Dates: updated 14 Aug 2020

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“This section says certain words keep the meanings given in the cited acts unless the context shows otherwise.”

This section says certain words keep the meanings given in the cited acts unless the context shows otherwise. The Minister may set conditions, approve some unspent-fund reuses, and delegate powers or duties to National Treasury employees, subject to written requirements and reporting. The Minister may, by notice in the Gazette, make regulations on administrative or procedural matters needed to implement or administer the Act. This section amends Section 6 of the Appropriation Act, 2020 so the Minister may approve certain expenditure before the second Adjustments Appropriation Bill is introduced, if delaying it would harm service delivery. This section states the Act’s short title: the Adjustments Appropriation Act, 2020.

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In this Act, unless the context indicates otherwise, any word or expression to which

This section says certain words keep the meanings given in the cited acts unless the context shows otherwise.

Section 1

An amount that is marked speciﬁcally and exclusively in the Schedule may be used

The Minister may set conditions, approve some unspent-fund reuses, and delegate powers or duties to National Treasury employees, subject to written requirements and reporting.

Section 3

The Minister may, by notice in the Gazette, make regulations regarding any

The Minister may, by notice in the Gazette, make regulations on administrative or procedural matters needed to implement or administer the Act.

Section 7

Section 6 of the Appropriation Act, 2020 (Act No. 7 of 2020), is hereby amended

This section amends Section 6 of the Appropriation Act, 2020 so the Minister may approve certain expenditure before the second Adjustments Appropriation Bill is introduced, if delaying it would harm service delivery.

Section 8

This Act is called the Adjustments Appropriation Act, 2020.

This section states the Act’s short title: the Adjustments Appropriation Act, 2020.

Section 9

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Source record from www.parliament.gov.za · updated 14 Aug 2020

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Showing 5 of 5 provisions

Amendment 2Short title 2Provision

§ 1In this Act, unless the context indicates otherwise, any word or expression to whichProvision

This section says certain words keep the meanings given in the cited acts unless the context shows otherwise.

1. In this Act, unless the context indicates otherwise, any word or expression to which a meaning has been assigned in section 1 of the Appropriation Act, 2020 (Act No. 7 of 2020), or section 1 of the Public Finance Management Act, 1999 (Act No. 1 of 1999), must bear the meaning so assigned. 5 Adjustments to appropriations of money for requirements of State 2. (1) Adjustments to appropriations by Parliament of money from the National Revenue Fund for the requirements of the State in the 2020/21 ﬁnancial year to votes and the main divisions within a vote, and amendments to the purposes that are speciﬁed, are set out in the Schedule. 10 4 (2) The spending of appropriations envisaged in subsection (1) is subject to this Act, the Public Finance Management Act and the Division of Revenue Act, 2020 (Act No. 4 of 2020). Amounts listed as speciﬁcally and exclusively appropriated

Section 1Verify source

§ 3An amount that is marked speciﬁcally and exclusively in the Schedule may be usedAmendment

The Minister may set conditions, approve some unspent-fund reuses, and delegate powers or duties to National Treasury employees, subject to written requirements and reporting.

3. An amount that is marked speciﬁcally and exclusively in the Schedule may be used only for the purpose indicated, unless the amount or purpose is amended by, or in terms of, an Act of Parliament. 5 Conditions for appropriations 4. (1) The Minister may, in writing— (a) (b) impose conditions on an amount in the Schedule, other than a conditional allocation, in order to promote transparency and accountability and the effective management of the appropriation; and stop the use of an amount in respect of which conditions imposed in terms of paragraph (a) are not met. 10 (2) The stoppage of an amount in terms of subsection (1)(b) must be disclosed in the 15 National Treasury’s next quarterly report to the relevant Parliamentary Committees. Use of unspent funds 5. (1) Despite section 3 of this Act, section 3 of the Appropriation Act, 2020, and section 43(4) of the Public Finance Management Act, the Minister may, for purposes of service delivery, approve that unspent funds in an amount in the Schedule appropriated for— (a) compensation of employees, be used within the same vote for transfers and subsidies for the payment of severance or exit packages; (b) goods and services, be used within the same vote for compensation of (c) employees; transfers and subsidies to other institutions, be used elsewhere within the same main division; or (d) payments for capital assets, be used elsewhere in any main division within the 20 25 same vote. (2) The Minister may not approve the use of unspent funds in terms of subsection 30 (1)(c) or (d) for compensation of employees. (3) The sum of the unspent funds in a main division of a vote approved for use in another main division of that vote in terms of— (a) (b) subsection (1); and section 43(1) of the Public Finance Management Act, may not exceed eight per cent of the amount appropriated under that main division. (4) The approval of the use of unspent funds in terms of subsection (1) must be disclosed in the National Treasury’s next quarterly report to the relevant Parliamentary Committees. Delegations and authorisations 6. (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 7; 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 the employee to sub-delegate, in writing, the delegated power or authorised duty to another suitable employee of the National Treasury; 35 40 45 50 6 (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 by the Minister in writing. (3) The 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. 55 Regulations

Section 3Verify source

§ 7The Minister may, by notice in the Gazette, make regulations regarding anyAmendment

The Minister may, by notice in the Gazette, make regulations on administrative or procedural matters needed to implement or administer the Act.

7. 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. Amendment of section 6 of Act 7 of 2020

Section 7Verify source

§ 8Section 6 of the Appropriation Act, 2020 (Act No. 7 of 2020), is hereby amendedShort title

8. Section 6 of the Appropriation Act, 2020 (Act No. 7 of 2020), is hereby amended by the substitution for the introductory part of subsection (1) of the following: ‘‘(1) Despite any provision in any other legislation to the contrary, and before [an] the second Adjustments Appropriation Bill is introduced in Parliament, the Minister may approve expenditure, if it cannot reasonably be delayed without negatively affecting service delivery and such expenditure—’’. 5 10 Short title

Section 8Verify source

§ 9This Act is called the Adjustments Appropriation Act, 2020.Short title

This section states the Act’s short title: the Adjustments Appropriation Act, 2020.

9. This Act is called the Adjustments Appropriation Act, 2020. 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38

Section 9Verify source

Legislative relationships

1 referenced instrument

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A–F

1 instrument

Appropriation Act, 2020
Sections 1, 3, 8

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