Public Finance Management Act, 1999 (Act No. 1 of 1999)

Chapter 2 : National Treasury and National Revenue Fund

Part 2: National Revenue Fund

14. Withdrawal of exclusions

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(1)The National Treasury may withdraw, from a date determined by it, any exclusion granted to a national department, a constitutional institution or a national public entity in terms of section 13(1), either with regard to all money or with regard to money of a specific kind received by that department, constitutional institution or public entity, if—
(a)the exclusion is not reasonable within the context of section 213 of the Constitution; or
(b)the National Treasury regards the withdrawal of the exclusion to be necessary for transparency or more effective and accountable financial management.

 

(2)The exclusion in terms of section 13(1) of the following public entities may not be withdrawn:
(a)A national government business enterprise which is a company and in which the state is not the sole shareholder; and
(b)the national public entities listed in Schedule 2.

 

(3)From the date on which the withdrawal of an exclusion in terms of subsection (1) takes effect until the end of the relevant financial year, the National Treasury may transfer money from the National Revenue Fund, as a direct charge against the Fund, to the national department or public entity affected by the withdrawal, provided that the amount of the transfer does not exceed the amount that would otherwise have been excluded from payment into the Fund.

 

(4)The Minister must promptly inform Parliament of any withdrawal of an exclusion in terms of subsection (1).