National Heritage Resources Act, 1999 (Act No. 25 of 1999)

Chapter I : System for Management of National Heritage Resources

Part 2 : Constitution, function, powers and duties of heritage resources authorities

21. Finances and property

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(1)The funds of SAHRA consists of—
(a)moneys appropriated by Parliament to enable it to perform its functions and exercise its powers;
(b)fees and fines received under the regulations;
(c)fees received in payment of services;
(d)funds raised by and donations and contributions to it;
(e)trust funds vested in it;
(f)interest derived from investments; and
(g)moneys received from any other source.

 

(2)Subject to this section, SAHRA must use its funds to defray expenditure in connection with the performance of its functions.

 

(3)The Council may invest any money not required for immediate use or as a reasonable operating balance in accordance with the directions determined by the Minister in consultation with the Minister of Finance.

 

(4)The Council may establish and operate a reserve fund and may deposit therein such amounts as become available from time to time.

 

(5)SAHRA, with the approval of the Council—
(a)may not lend or borrow any money without the consent of the Minister given with the concurrence of the Minister of Finance;
(b)may purchase or otherwise acquire, hold, let, hire or receive in trust any real right in any immovable or movable property; and
(c)may not make over to any person to hold in trust or sell, exchange or otherwise alienate, or hypothecate, burden with a servitude or otherwise confer any real right in immovable property, without the approval of the Minister given with the concurrence of the Minister of Finance.

 

(6)Once during every financial year, at a time determined by the Minister, SAHRA must submit a statement of its estimated income and expenditure for the following financial year to the Minister for approval, granted with the concurrence of the Minister of Finance.

 

(7)SAHRA may during the course of a financial year submit supplementary estimates of its expenditure for that financial year to the Minister for approval, granted with the concurrence of the Minister of Finance.

 

(8)SAHRA must not incur any expenditure except in accordance with an estimate of expenditure approved under subsections (6) and (7).

 

(9)SAHRA must—
(a)keep full and correct accounts and records of all its financial transactions and affairs, including all its transactions in its capacity of trustee of any trust fund, and all properties under its control, and must ensure that all payments out of its funds are correctly made and properly authorised and that adequate control is maintained over its assets, or those in its custody, and the incurring of liabilities; and
(b)as soon as possible after the end of the financial year, draw up annual financial statements which must show money received and expenditure incurred and its assets and liabilities at the end of the financial year concerned.

 

(10)The financial year of SAHRA ends on 31 March each year.

 

(11)The accounts and annual financial statements referred to in subsection (9)(b) must be audited by the Auditor-General.

 

(12)The accounts and annual financial statements referred to in subsection (9)(b) must be available for public inspection.