South Africa Act or statute

Parliament of the Republic of South Africa

Reconstruction and Development Programme Fund Act

accountabilityauditdefinitionsdevelopment projectsfund administrationfund investmentfund managementfundsgovernment fundinggovernment fundspublic expenditurepublic financepublic fundsregulation-makingregulatory administrationreportingtechnical assistance agreementstransfers

Jurisdiction: South Africa
Structure: 15 provisions
Citation: Act 79 of 1998
Dates: Record updated 28 Oct 2000

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Dates: Record updated 28 Oct 2000

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“The text only gives a date and number reference: “28 October 1998 No. 1383.””

The text only gives a date and number reference: “28 October 1998 No. 1383.” This section is a publication notice for the Act and states that the President assented to it. This section amends the Act by adding definitions for “spending agency” and “technical assistance agreement.” Section 2 is amended to replace the introductory words so it establishes the Reconstruction and Development Programme Fund. Section 3 of the principal Act is amended by replacing paragraph (a) and adding a new paragraph (d).

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October 1998

The text only gives a date and number reference: “28 October 1998 No. 1383.”

Section 28

Section 3 of the principal Act is hereby amended—

Section 3 of the principal Act is amended by replacing paragraph (a) and adding a new paragraph (d).

Section 3

Section 6 of the principal Act is hereby amended—

The section makes the Accountant-General the accounting officer for the fund, subject to the Minister’s directions, and makes a spending agency’s accounting officer accountable for money allocated to that agency.

Section 6

The following sections are hereby inserted in the principal Act after section 8:

This section inserts new sections after section 8, starting with a section titled “Regulations.”

Section 9

This Act is called the Reconstruction and Development Programme Fund

This section names the Act as the Reconstruction and Development Programme Fund Amendment Act, 1998.

Section 10

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Source record from www.parliament.gov.za · Record updated 28 Oct 2000

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Showing 15 of 15 provisions

Substitution 7Amendment 4Provision 3Short title

§ 28October 1998Provision

The text only gives a date and number reference: “28 October 1998 No. 1383.”

28 October 1998 No. 1383.

Section 28Verify source

§ 28Oktober 1998Amendment

This section is a publication notice for the Act and states that the President assented to it.

28 Oktober 1998 It is hereby notified that the President has assented to the following Act which is hereby published for general information:— I I Hierby word bekend ~emaak dat die President sy goed- keuring geheg het aan dle onderstaande W e t wat hierby ter algemene inligting gepubIiseer word:— No. 79 of 1998: Reconstruction and Development Programme No. 79 van 1998: Wysigingswet op die Heropbou- en Ontwik- Fund Act, 1998. kelingsprogramfonds, 1998. ~ No. 19403 Act No. 79, 1998 GOVERNMENT GWE~E, 28 OCTOBER 1998 RECONSTRUCTION AND DEVELOPMENT PROGRAMME FUND ACT. 1998 . . . . . . . . . . . . . .! ‘GENE~L EXPLANATORY NOTE: ] Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments. [ ,- ,’. . . . . . ,, (English text signed by the President.) (Assented to 20 October 1998. ) ACT To amend the Reconstruction and Development Programme Fund Act, 1994, so as to define certain expressions; to provide for speedier disbursement of foreign and domestic donor funds; to transfer the control and administration of the fund to the Department of State Expenses; and to empower the Minister to make regulations; and to provide for matters connected therewith. B E IT ENACTED by the Parliament of the Republic of South Africa, as follows: - Amendment of section 1 of Act 7 of 1994

Section 28Verify source

§ 1Section 1 of the Reconstruction and Development Programme Fund Act, 1994Amendment

This section amends the Act by adding definitions for “spending agency” and “technical assistance agreement.”

1. Section 1 of the Reconstruction and Development Programme Fund Act, 1994 (hereinafter referred to as the principal Act). is hereby amended by the addition of the 5 following definitions: “ ‘spending agency’ means— (a) any department of state or administration in the national, provincial or local 1 sphere-of government; or (b) any other institution— (i) exercising a power or performing a function in terns of the Constitution or a provincial constitution: or (ii) exercising a public power or performing a public function in terms of any Iegisiation: ‘technical assistance agreement’ means an international agreement contemplated in section 231(3) of the Constitution in terms of which a foreign state or international organisation grants development aid to the Republic..’. Amendment of section 2 of Act 7 of 1994

Section 1Verify source

§ 2Section 2 of the principal Act is hereby amended by the substitution for the wordsSubstitution

Section 2 is amended to replace the introductory words so it establishes the Reconstruction and Development Programme Fund.

2. Section 2 of the principal Act is hereby amended by the substitution for the words preceding paragraph (a) of the following words: “There is hereby established a fund to be known as the Reconstruction and Development Programme Fund, which [shall] q be credited with—’.. 10 15 20 4 No. 19403 Act No. 79,1998 GOVERNMENT GUE~E, 28 KTOBER 1998 RECONSTRUCTION AND DEVELOPMENT PROGRAMME WND ACT. 1998 Amendment of section 3 of Act 9 of 1994

Section 2Verify source

§ 3Section 3 of the principal Act is hereby amended—Substitution

Section 3 of the principal Act is amended by replacing paragraph (a) and adding a new paragraph (d).

3. Section 3 of the principal Act is hereby amended— (u) by the substitution for paragraph (a) of the following paragraph: “(a) to finance reconstruction and development projects and programmed [identified by the Minister responsible for the co-ordinated imple- 5 mentation thereo~, and] authorised by the Cabinet;”; and (b) by the insertion of the following paragraph after paragraph (u): “(d) in accordance with a technical assistance agreement; and”. Amendment of section 4 of Act 9 of 1994

Section 3Verify source

§ 4Section 4 of the principal Act is hereby amended—Substitution

This section amends Section 4 of the principal Act by changing one paragraph and adding another.

4. Section 4 of the principal Act is hereby amended— (a) by the deletion of the word “and” at the end of paragraph (a) and the substitution for paragraph (b) of the following paragraph: ‘.(b) from which transfers shall be made [to the National Revenue Fund] for the financing of the reconstruction and development projects and programmed-refemed to in section 3(a): and”: and (b) by the addition of the following paragraph: “(c) from which transfers shall be made to a spending agency in accordance with the relevant technical assistance agreement.’.. 10 .- 13 Substitution of section j of Act 7 of 1994, as substituted by section 16 of Act 6 of 1997 ?0

Section 4Verify source

§ 5The following section is hereby substituted for section 5 of the principal Act:Substitution

Money allocated from the fund that is not spent by the end of each financial year must be paid back into the fund, unless a technical assistance agreement says otherwise.

5. The following section is hereby substituted for section 5 of the principal Act: “Unspent money j. Monev allocated from the fund and not spent by the end of each financial vear shall. in the absence of any provision to the contrary in a technical assistance agreement. be paid into the fund.”. 25 Amendment of section 6 of Act 9 of 1994

Section 5Verify source

§ 6Section 6 of the principal Act is hereby amended—Substitution

6. Section 6 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for the words preceding paragraph (a) of the following words: “The [Director-General: Finance] Accountant-General in the Depart- ment of State Expenditure shall be the accounting officer [oH responsible for the administration of the fund and shall, subject to the directions of the Minister—’.; and (b} by the substitution for subsection (2) of the following subsection: .’(~) The accounting officer of a spending agency shall be accountable for the monev allocated to that spending agency in terms of section 4( C).... Substitution of section 7 of Act 7 of 1994

Section 6Verify source

§ 7The following section is hereby substituted for section 7 of the principal Act:Substitution

This section says a new section 7 will replace the existing section 7 of the principal Act.

7. The following section is hereby substituted for section 7 of the principal Act: “Audit

Section 7Verify source

§ 7The accounts and balance sheet referred to in section 6(1) and theAmendment

The Auditor-General must audit the accounts and balance sheet mentioned in section 6(1) and the financial records kept by the accounting officer under section 6(2).

7. The accounts and balance sheet referred to in section 6(1) and the financial records kept by the accounting officer contemplated in section 6(2) shall be audited by the Auditor-General.” Amendment of section 8 of Act 7 of 1994

Section 7Verify source

§ 8Section 8 of the principal Act is hereby amended by the substitution for subsectionSubstitution

Money in the fund that is not needed right away may be invested with the Public Investment Commissioners or an institution approved by the Minister, subject to any technical assistance agreement, and must be withdrawn when needed.

8. Section 8 of the principal Act is hereby amended by the substitution for subsection ( 1 ) of the following subsection: “(1 ) [Arty] Sublect to anv technical assistance agreement. any money of the fund which is not required for immediate use may be invested with the Public 30 35 40 45 6 No. 19403 Act No. 79, 1998 GOVERNMENT GAZE~. 28 OCTOBER 1998 RECONSTRUCTION AND DEVELOPMENT PROGWMME WND ACT. 1998 Investment Commissioners or with a financial institution approved by the Minister and [may] shall be withdrawn when required.”. Insertion of sections 8A and 8B in Act 7 of 1994

Section 8Verify source

§ 9The following sections are hereby inserted in the principal Act after section 8:Provision

This section inserts new sections after section 8, starting with a section titled “Regulations.”

9. The following sections are hereby inserted in the principal Act after section 8: “Regulations

Section 9Verify source

§ 8AThe Minister may retie regulations regarding any matter which isProvision

The Minister may make regulations on matters needed or useful to regulate to achieve the Act’s objects.

8A. The Minister may retie regulations regarding any matter which is necessary or expedient to regulate in order to achieve the objects of this Act. Report to Parliament

Section 8AVerify source

§ 8BThe Minister shall at least once a year report to Parliament on theShort title

The Minister must report to Parliament at least once a year on how the fund’s money is being used.

8B. The Minister shall at least once a year report to Parliament on the utilisation of the money of the fund.”. 5 10 Short title

Section 8BVerify source

§ 10This Act is called the Reconstruction and Development Programme FundAmendment

This section names the Act as the Reconstruction and Development Programme Fund Amendment Act, 1998.

10. This Act is called the Reconstruction and Development Programme Fund Amendment Act, 1998.

Section 10Verify source

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