Gauteng
South Africa
South Africa
Financial Management of the Gauteng Provincial Legislature Act
Act 7 of 2009
- Published in Gauteng Provincial Gazette 249 on 13 November 2009
- Assented to on 2 November 2009
- Commenced on 2 November 2009
- [This is the version of this document from 13 November 2009 and includes any amendments published up to 4 April 2024.]
Chapter 1
Interpretation and objects
1. Definitions
In this Act, unless the context indicates otherwise—“Accounting Officer” means the Secretary to the Legislature, and includes, where appropriate, a person acting as the Accounting Officer;"annual provincial budget” means the annual provincial budget referred to in section 27(2) of the Public Finance Management Act;“a person in the employ of the state” means—2. Objects of this Act
The objects of this Act are—Chapter 2
Oversight, Executive Authority and administration of Act
Part 1 – Oversight mechanism
3. Oversight mechanism
Part 2 – Executive Authority
4. Executive Authority
Part 3 – Administration of Act
5. Accounting officer
6. Responsibilities of the Accounting Officer
The accounting officer must ensure that—7. Performance of Accounting Officer
8. Acting Accounting Officer
If the post of Accounting Officer is vacant, or if the Accounting Officer is unable to perform the functions of the post, those functions must be performed by another official designated in writing by the Executive Authority.9. Delegation of powers and duties by Accounting Officer
10. Responsibilities of officials
11. Fiduciary responsibilities
Chapter 3
Planning and budgetting
12. Preparation of strategic plan, annual performance plan and budget
The Executive Authority must—13. Strategic plan
14. Annual performance plan
15. Annual budget
16. Submission of drafts of strategic plan, annual performance plan and budget
The Executive Authority must—17. Annual appropriations and approvals
18. Expenditure before the Provincial Legislature’s annual budget is passed
19. Unauthorised expenditure
20. Unauthorised expenditure of donor funds
21. Virements between main divisions within the approved budget
22. Treatment of unspent funds
Chapter 4
Cash management and investment
23. Cash management and investment policy
24. Opening of bank accounts
25. Control of bank accounts
The Accounting Officer—26. Withdrawal from bank accounts
27. Restrictions on borrowing, guarantees and other transactions
28. Requisitioning of funds by Accounting Officer
The Executive Authority must, after consultation with the Member of the Executive Council for Finance, determine a process for requisitioning appropriated funds that provides for sound cash-flow management.Chapter 5
Financial management
29. Asset and liability management
30. Revenue management
31. Management of debtors
32. Expenditure management
33. Transfers
34. Budget implementation
The Accounting Officer is responsible for implementing the Provincial Legislature’s budget and must ensure that—35. Financial implications
36. Impending shortfalls and overspending
The Accounting Officer must—Chapter 6
Supply chain management
37. Application of this chapter
This Chapter applies to—38. Supply chain management policy
The Executive Authority must prescribe in accordance with section 63 a supply chain management policy which—39. Implementation of supply chain management policy
The Accounting Officer must—40. Unsolicited offers
41. Tenders not recommended
42. Members of the Provincial Legislature barred from serving on tender committees
No Member of the Provincial Legislature may—43. Interference
No person may—44. Prohibition on contracts
No contract to provide goods and services to the Provincial Legislature may be awarded to—Chapter 7
Audit committee and internal audit unit
45. Establishment of audit committee
46. Functions of audit committee
47. Allegations against Accounting Officer
If the audit committee becomes aware of information implicating the Accounting Officer in fraud, corruption or gross negligence, it must report this promptly to the Executive Authority and the oversight mechanism.48. Internal audit unit
Chapter 8
Reporting and auditing
Part 1 – In-year reporting
49. Monthly financial statements
50. Quarterly performance reports
Within 30 days of the end of each quarter, the Accounting Officer must report to the Executive Authority in the Provincial Legislature’s performance in implementing the annual performance plan in that quarter.51. Mid-year budget and performance assessment
52. Submission of reports to oversight mechanism
Part 2 – Annual report, financial statements and auditing
53. Preparation of annual reports
54. Preparation of financial statements
55. Submission of annual financial statements
Within two months after the end of the financial year, the Accounting Officer must submit the annual financial statements—56. Auditing of annual financial statements
57. Submission of annual report
The Accounting Officer must submit the Provincial Legislature’s annual report to the Executive Authority so that the Executive Authority is able to table the report in the Provincial Legislature within five months of the end of the financial year concerned.58. Tabling and consideration of annual report
59. Issues raised in audit reports
The Accounting Officer must—60. Consequences of non-compliance with certain provisions
Part 3 – General reporting responsibilities
61. Reporting of irregularities
The Accounting Officer must report particulars of any unauthorized, irregular or fruitless and wasteful expenditure, or the likelihood of any such expenditure, to the Executive Authority immediately on discovery.62. Other information
The Accounting Officer must comply with any request by the Provincial Legislature, the Executive Authority, or the Auditor-General for information, documents, explanations and motivations.Chapter 9
Regulations and instructions
63. Regulations
64. Instructions
Chapter 10
Financial misconduct
65. Financial misconduct by accounting officer
66. Financial misconduct by officials
67. Offences
68. Penalties
A person convicted of an offence in terms of section 67 is liable to a fine or to imprisonment for a period not exceeding five years.Chapter 11
Miscellaneous
69. Liability of functionaries, exercising powers and functions in terms of this Act
70. Short title and commencement
This Act is called the Financial Management of the Gauteng Provincial Legislature Act, 2009 and comes into operation on assent by the Premier and in accordance with the transitional arrangements set out in Schedule 3 to this Act.History of this document
13 November 2009 this version
02 November 2009
Assented to
Commenced