Public Finance Management Act, 1999 (Act No. 1 of 1999)Chapter 1 : Interpretation, Object, Application and Amendment of this Act1. Definitions |
In this Act, unless the context otherwise indicates—
means a person mentioned in section 36;
means a body or person mentioned in section 49;
means the board established in terms of section 87;
means the Act of Parliament which must annually be enacted in terms of section 214(1) of the Constitution;
means an institution listed in Schedule 1;
means a national or provincial department or a national or provincial government component;
| (a) | in relation to a national department, means the Cabinet member who is accountable to Parliament for that department; |
| (b) | in relation to a provincial department, means the member of the Executive Council of a province who is accountable to the provincial legislature for that department; |
| (c) | in relation to a national public entity, means the Cabinet member who is accountable to Parliament for that public entity or in whose portfolio it falls; and |
| (d) | in relation to a provincial public entity, means the member of the provincial Executive Council who is accountable to the provincial legislature for that public entity or in whose portfolio it falls; |
| (a) | means a year ending 31 March; or |
| (b) | in relation to a public entity that existed when this get took effect and that has a different financial year in terms of other legislation, means that financial year, provided the National Treasury has approved that other financial year; |
means statements consisting of at least—
| (a) | a balance sheet; |
| (b) | an income statement; |
| (c) | a cash-flow statement; |
| (d) | any other statements that may be prescribed; and |
| (e) | any notes to these statements; |
means expenditure which was made in vain and would have been avoided had reasonable care been exercised;
means an accounting practice complying in material respects with standards issued by the Accounting Standards Board;
means expenditure, other than unauthorised expenditure, incurred in contravention of or that is not in accordance with a requirement of any applicable legislation, including—
| (a) | this Act; or |
| (b) | the State Tender Board Act, 1968 (Act No. 86 of 1968), or any regulations made in terms of that Act; or |
| (c) | any provincial legislation providing for procurement procedures in that provincial government; |
means one of the main segments into which a vote is divided and which--
| (a) | specifies the total amount which is appropriated for the items under that segment; and |
| (b) | is approved by Parliament or a provincial legislature, as may be appropriate, as part of the vote; |
means the member of an Executive Council of a province responsible for finance in the province;
means the Minister of Finance;
means a department listed in Schedule 1 to the Public Service Act, 1994 (Proclamation No. 103 of 1994), but excluding the Office of a Premier;
means an entity which—
| (a) | is a juristic person under the ownership control of the national executive; |
| (b) | has been assigned financial and operational authority to carry on a business activity; |
| (c) | as its principal business, provides goods or services in accordance with ordinary business principles; and |
| (d) | is financed fully or substantially from sources other than-- |
| (i) | the National Revenue Fund; or |
| (ii) | by way of a tax, levy or other statutory money; |
means a national government component listed in Part A of Schedule 3 to the Public Service Act, 1994;
means—
| (a) | a national government business enterprise; or |
| (b) | a board, commission, company, corporation, fund or other entity (other than a national government business enterprise) which is— |
| (i) | established in terms of national legislation; |
| (ii) | fully or substantially funded either from the National Revenue Fund, or by way of a tax, levy or other money imposed in terms of national legislation; and |
| (iii) | accountable to Parliament; |
means the National Treasury established by section 5;
| (a) | in relation to a vote, means when expenditure under the vote exceeds the amount appropriated for that vote; or |
| (b) | in relation to a main division within a vote, means when expenditure under the main division exceeds the amount appropriated for that main division, subject to section 43; |
in relation to an entity, means the ability to exercise any of the following powers to govern the financial and operating policies of the entity in order to obtain benefits from its activities:
| (a) | To appoint or remove all, or the majority of, the members of that entity's board of directors or equivalent governing body; |
| (b) | to appoint or remove that entity's chief executive officer; |
| (c) | to cast all, or the majority of, the votes at meetings of that board of directors or equivalent governing body; or |
| (d) | to control all, or the majority of, the voting rights at a general meeting of that entity; |
means prescribe by regulation or instruction in terms of section 76;
means—
| (a) | the Office of a Premiser listed in Schedule 1 to the Public Service Act, 1994; or |
| (b) | a provincial department listed in Schedule 2 to the Public Service Act, 1994; |
means an entity which—
| (a) | is a juristic person under the ownership control of a provincial executive; |
| (b) | has been assigned financial and operational authority to carry on a business activity; |
| (c) | as its principal business, provides goods or services in accordance with ordinary business principles; and |
| (d) | is financed fully or substantially from sources other than— |
| (i) | a Provincial Revenue Fund; or |
| (ii) | by way of a tax, levy or other statutory money; |
means a provincial government component listed in Part b of Schedule 3 to the Public Service Act, 1994;
means-
| (a) | a provincial government business enterprise; or |
| (b) | a board, commission, company, corporation, fund or other entity (other than a provincial government business enterprise) which is— |
| (i) | established in terms of legislation or a provincial constitution; |
| (ii) | fully or substantially funded either from a Provincial Revenue Fund or by way of a tax, levy or other money imposed in terms of legislation; and |
| (iii) | accountable to a provincial legislature; |
means a treasury established in terms of section 17;
means a national or provincial public entity;
means—
| (a) | the National Revenue Fund mentioned in section 213 of the Constitution; or |
| (b) | a Provincial Revenue Fund mentioned in section 226 of the Constitution; |
includes any regulations and instructions in terms of section 69, 76, 85 or 91;
means an entity operating within the administration of a department for the provision or sale of goods or services, and established-
| (a) | in the case of a national department, with the approval of the National Treasury; or |
| (b) | in the case of a provincial department, with the approval of the relevant provincial treasury acting within a prescribed framework; |
means the National Treasury or a provincial treasury, as may be appropriate in the circumstances;
means—
| (a) | overspending of a vote or a main division within a vote; |
| (b) | expenditure not in accordance with the purpose of a vote or, in the case of a main division, not in accordance with the purpose of the main division; |
means one of the main segments into which an appropriation Act is divided and which—
| (a) | specifies the total amount which is usually appropriated per department in an appropriation Act; and |
| (b) | is separately approved by Parliament or a provincial legislature, as may be appropriate, before it approves the relevant draft appropriation Act as such. |