Public Finance Management Act, 1999 (Act No. 1 of 1999)Chapter 3 : Provincial Treasuries and Provincial Revenue FundsPart 2: Provincial Revenue Funds23. Withdrawal of exclusions from Provincial Revenue Funds |
| (1) | The National Treasury, after having consulted the relevant provincial treasury, may withdraw, from a date determined by it, any exclusion granted to a provincial department or provincial public entity in terms of section 22(1), either with regard to all money or with regard to money of a specific kind received by that department or public entity, if— |
| (a) | the exclusion is not reasonable within the context of section 226 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 22(1) of a provincial government business enterprise which is a company and in which the relevant province is not the sole shareholder, may not be withdrawn, provided the National Treasury has given its prior written approval to the province to participate in a company that is not wholly owned by the province. |
| (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, a provincial treasury may transfer money from the Provincial Revenue Fund. as a direct charge against the Fund, to the provincial department or provincial public entity affected by the withdrawal of the exclusion— |
| (a) | if a provincial Act provides for the transfer to be a direct charge; and |
| (b) | 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). |