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

Chapter 9 : General Treasury Matters

76. Treasury regulations and instructions

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(1)The National Treasury must make regulations or issue instructions applicable to departments, concerning—
(a)any matter that must be prescribed for departments in terms of this Act;
(b)the recovery of losses and damages;
(c)the handling of, and control over, trust money and property;
(d)the rendering of free services;
(e)the writing off of losses of state money or other state assets or amounts owed to the state;
(f)liability for losses and damages and procedures for recovery;
(g)the cancellation or variation of contracts to the detriment of the state;
(h)the settlement of claims by or against the state;
(i)the waiver of claims by the state;
(j)the remission of money due to the Revenue Fund, refunds of revenue and payments from the Revenue Fund, as an act of grace;
(k)the alienation, letting or other disposal of state assets; and
(l)gifts or donations by or to the state.

 

(2)The National Treasury may make regulations or issue instructions applicable to departments, concerning—
(a)any matter that may be prescribed for departments in terms of this Act;
(b)the charging of expenditure against particular votes;
(c)the establishment of and control over trading entities;
(d)the improvement and maintenance of immovable state assets;
(e)fruitless and wasteful, unauthorised and irregular expenditure;
(f)the determination of any scales of fees, other charges or rates relating to revenue accruing to, or expenditure from, a Revenue Fund;
(g)the treatment of any specific expenditure;
(h)vouchers or other proofs of receipts or payments, which are defective or have been lost or damaged;
(i)assets which accrue to the state by operation of any law; or
(j)any other matter that may facilitate the application of this Act.

 

(3)Regulations in terms of subsection (1) or (2) may prescribe matters for which the prior approval of a treasury must be obtained.

 

(4)The National Treasury may make regulations or issue instructions applicable to all institutions to which this Act applies concerning—
(a)any matter that may be prescribed for all institutions in terms of this Act;
(b)financial management and internal control;
(c)the determination of a framework for an appropriate procurement and provisioning system which is fair, equitable, transparent, competitive and cost-effective;
(d)audit committees, their appointment and their functioning;
(e)internal audit components and their functioning;
(f)the administration of this Act; and
(g)any other matter that may facilitate the application of this Act.

 

(5)A treasury regulation or instruction in terms of this section may—
(a)differentiate between different categories of—
(i)institutions to which this Act applies;
(ii)accounting officers; or
(iii)accounting authorities; or
(b)be limited in its application to a specific category of—
(i)institutions to which this Act applies;
(ii)accounting officers; or
(iii)accounting authorities.