Division of Revenue Act, 2016 (Act No. 3 of 2016)Chapter 4 : Matters relating to all Allocations25. Transfers made in error or fraudulently |
| (1) | Despite a provision of other legislation to the contrary, the transfer of an allocation that is an overpayment to a province, municipality or public entity, made in error or fraudulently, is regarded as not legally due to that province, municipality or public entity, as the case may be. |
| (2) | The responsible transferring officer must, without delay, recover an overpayment referred to in subsection (1), unless an instruction has been issued in terms of subsection (3). |
| (3) | The National Treasury may instruct that the recovery referred to in subsection (2) be effected by set-off against future transfers to the affected province, municipality or public entity in terms of a payment schedule. |