Division of Revenue Act, 2012 (Act No. 5 of 2012)

Chapter 3 : Conditional Allocations to Provinces and Municipalities

Part 2 : Duties of accounting officers in respect of Schedule 4 to 8 allocations

11. Duties of receiving officer in respect of Schedule 4 allocations

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1)A receiving officer of a Schedule 4 allocation is responsible for-
a)complying with the framework for a Schedule 4 allocation as published in terms of section 15; and
b)the manner in which a Schedule 4 allocation is allocated and spent.

 

2)The receiving officer of a municipality must-
a)ensure and certify to the National Treasury that the municipality-
i)indicates or, if required, exclusively appropriates each programme funded or partially funded by this allocation in its annual budget; and
ii)makes public, in accordance with the requirements of section 21A of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), the conditions and other information in respect of the allocation, to facilitate performance measurement and the use of required inputs and outputs;
b)report to the transferring national officer, the relevant provincial treasury and the National Treasury, on-
i)spending and financial performance against programmes funded by a Schedule 4 allocation, other than the Urban Settlements Development Grant; and
ii)in the case of the Urban Settlements Development Grant, spending and financial performance against the municipality's entire capital budget and performance against the targets stipulated in the infrastructure performance framework that is required in terms of the framework,

when the municipality prepares its monthly budget statements as required in terms of section 71 of the Municipal Finance Management Act for the months of September 2012, December 2012, March 2013 and June 2013; and

c)within 30 days after the end of each quarter, report to the transferring national officer and the National Treasury on-
i)non-financial performance against programmes, in respect of Schedule 4 allocations other than the Urban Settlements Development Grant; and
ii)performance for that quarter against the targets stipulated in the infrastructure performance framework that is required in terms of the framework, in respect of the Urban Settlements Development Grant.

 

3)The National Treasury must make the report submitted to it in terms of subsection (2)(b) or (c) available to any other national departments that have responsibilities relating to the allocation.

 

4)The receiving officer in a province must-
a)submit, as part of the report required in section 40(4)(c) of the Public Finance Management Act, reports to the relevant provincial treasury and the transferring national officer on spending and performance against programmes; and
b)submit a quarterly performance report within 30 days after the end of each quarter to the relevant provincial treasury, the National Treasury and the transferring national officer.

 

5)The receiving officer must report against programmes funded or partially funded by a Schedule 4 allocation against the relevant framework in its annual financial statements and annual report.

 

6)
a)The receiving officer must, within two months after the end of the financial year, and where relevant, the municipal financial year, evaluate the performance of the province or municipality, as the case may be, in respect of programmes funded or partially funded by an allocation and submit such evaluation to the transferring national officer and the relevant provincial treasury.
b)Municipalities that receive the Urban Settlements Development Grant must report expenditure and non-financial performance information against their capital budgets, in accordance with the requirements of section 71 of the Municipal Finance Management Act.
c)With respect to the Urban Settlements Development Grant, reporting on performance will be based on the infrastructure budget of the municipality concerned.