Division of Revenue Act, 2013 (Act No. 2 of 2013)

Chapter 3 : Conditional Allocations to Provinces and Municipalities

Part 1 : Conditional allocations

8. Conditional allocations to municipalities

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1)Conditional allocations to local government in respect of the financial year from the national government's share of revenue raised nationally are set out in-
(a)Part B of Schedule 4, specifying allocations to municipalities to supplement the funding of functions funded from municipal budgets;
(b)Part B of Schedule 5, specifying specific-purpose allocations to municipalities;
(c)Part B of Schedule 6, specifying allocations-in-kind to municipalities for designated special programmes; and
(d)Part B of Schedule 7, specifying funds that are not allocated to specific municipalities, that may be released to local government or municipalities to  fund disaster response within a period from three days up to three months following a  declared disaster in terms of the conditions of the Disaster Management Act, 2002 (Act No. 57 of 2002).

 

(2)An envisaged division of conditional allocations to local government from the national government's share of revenue anticipated to be raised nationally for the next financial year and the 2015/16 financial year, which is subject to the annual Division of Revenue Acts for those years, is set out in Column B of the Schedules referred to in subsection (1).

 

(3)Funding approved by the National Treasury for specific transport contracts for capital projects from the indicative allocations for the Public Transport Infrastructure Grant listed in Column B of Part B of Schedule 5, may not be altered downwards in the Division of Revenue Acts for the next financial and 2015/16 financial year.

 

(4)
a)A municipality may only with the approval of the National Treasury pledge,  offer  as  security or  commit  to  a  person  or  institution  any  envisaged  conditional  allocation to the municipality for the next financial year and the 2015/16 financial year, for the purpose of securing a loan or any other form of financial or other support from that person or institution.
b)Before making a decision, the National Treasury must-
i)notify the relevant transferring national officer of the approval sought by a municipality and that the officer may submit comment to the National Treasury regarding the approval sought, within five working days after notification or such longer period as the National Treasury may approve; and
ii)consider any comment so submitted by the officer.