Public Finance Management Act, 1999 (Act No. 1 of 1999)Understanding and Using this ActGuide for Accounting OfficersAnnexure A: Exemptions |
Sections of the PFMA to be delayed in terms of section 95(b)
Section |
Contents |
Commencement date |
8 & 19 |
Arrangements for the preparation, auditing and tabling of annual consolidated financial statements in accordance with GRAP for departments, public entities, constitutional institutions, the South African Reserve Bank, the Office of the Auditor-General, Parliament and the legislatures |
1 April 2003 |
13(2) & 22(2) |
The exclusion of public entities from paying money into the NRF does not apply to a public entity that is not listed on Schedule 2 or 3 but is required to register in terms of section 47. |
1 April 2001 |
15(1)(a)(ii) |
Direct charges arrangements |
31 August 2001 |
18(2)(a) |
A provincial treasury must issue treasury instructions. |
31 August 2001 |
27(3)(e) |
Inclusion of estimates of revenue excluded in terms of sections 13(1) or 22(1) from the relevant revenue fund for a financial year |
31 August 2001 |
27(4) |
When the annual budget is introduced in the legislature, the accounting officer for each department must submit measurable objectives for each main division within the department’s vote. |
1 August 2002 |
38(2) |
Accounting officers may not commit a department, trading entity or constitutional institution to a liability for which money has not been appropriated. |
31 August 2001 |
52 |
Annual budget and corporate plan by Schedule 2 public entities and government business enterprises |
1 April 2001 |
66(3) |
Only specific persons in a public entity may borrow money, or issue a guarantee, indemnity or security, or enter into any transaction binding that public entity to any future financial commitment. |
1 April 2001 |
66(7)(b) |
Public entities that are authorised to borrow money may not borrow in a foreign currency above a prescribed limit, except where that public entity is a company in which the state is the only shareholder. |
1 April 2001 |
70(1)(b) |
A Cabinet member, with the written concurrence of the Minister, may issue a guarantee, indemnity or security that binds a national public entity in respect of a financial commitment. |
1 April 2001 |
Institutions exempted from sections of the PFMA, in terms of section 92
Section |
Contents |
Institution exempted |
Extent of exemption |
7(1) |
National Treasury must prescribe a framework within which departments, public entities (Schedule 3) and constitutional institutions must conduct their cash management. |
Public entities listed in Schedule 3 of the Act |
Exemption from the whole section until 1 January 2001 |
38(1)(j) |
Accounting officers must obtain a written assurance that entities receiving transfer payments are implementing effective, efficient and transparent financial management and internal control systems |
Provincial health departments |
Transfer payments to hospitals and clinics are exempted until 31 January 2001. |
38(1)(j) |
Accounting officers must obtain a written assurance that entities receiving transfer payments are implementing effective, efficient and transparent financial management and internal control systems. |
Provincial education departments |
Transfer payments to schools are exempted until 31 January 2001 |
40(3)(a) |
The annual report and financial statements of a department must fairly represent its performance against predetermined objectives. |
All departments, trading entities and constitutional institutions |
Exemption until 1 April 2002 |
66(1) |
An institution may not borrow money or issue a guarantee. |
Public entities listed in Schedules 2 & 3 |
Exemption from the whole section until 1 April 2001 |