Financial and Fiscal Commission Act
The text notifies that the President assented to the Financial and Fiscal Commission Act, 1997, and that it is published for general information.
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- South Africa
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- Act 99 of 1997
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The text notifies that the President assented to the Financial and Fiscal Commission Act, 1997, and that it is published for general information. This section is titled “Definitions” and the excerpt shown does not include any actual defined terms. This section is headed “Powers” and refers to the functions and powers of the Commission, followed by a part on Commission membership. Section 9 is titled “Remuneration, allowances and benefits.” Section title only: “Removal from of ice”.
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Provisions of Financial and Fiscal Commission Act
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December 1997
AI-assisted research summary: The text notifies that the President assented to the Financial and Fiscal Commission Act, 1997, and that it is published for general information.
19 December 1997 No. 1654. 19 Desember 1997 It is hereby notified that the President has assented to the following Act which is hereby published for general information:— I No. 99 of 1997: Financial and Fiscal Commission Act, 1997. Hierby w o r d bekend gemaak da[ d i e presidenf sY goedkeunng geheg het aan die onderstaande Wet wat hlerby ter algemene inligting gepubliseer word:— No. 99 van 1997: Wet op die Finansiele en Fiskale Kom- missie, 1997. 2 No. 1S514 GOVERNMENT’ GAZETTE, 19 DECEMBER 1997 A c t No. 9 9 , 1 9 9 7 FINANCIAL AND FISCAL COMMISSION ACT, 1997 -- . ACT - ,. :-.. . . , --. .-; To give effect to the constitutional requirements relating to the FinanciaI and Fiscal (lxnrnission; and to provide for matters in connection therewith. ., . . (English text signed by the President.) (Assented to 26 November 1997.) ; i E IT ENACTED by the Parliament of the Republic of South Africa, as % 2 follows:— ARRANGEMENT OF SECTIONS
Part
ARRANGEMENT OF SECTIONS
- 1 Verify source ↗
Definitions
AI-assisted research summary: This section is titled “Definitions” and the excerpt shown does not include any actual defined terms.
1. Definitions 2. status - 4 Verify source ↗
Powers
AI-assisted research summary: This section is headed “Powers” and refers to the functions and powers of the Commission, followed by a part on Commission membership.
4. Powers Part 1 Status, jimctions and powers of Commission Part 2 Membership of Commission
Part
Part 2
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Remuneration, allowances and benefits
AI-assisted research summary: Section 9 is titled “Remuneration, allowances and benefits.”
9. Remuneration, allowances and benefits - 11 Verify source ↗
Removal from of ice
AI-assisted research summary: Section title only: “Removal from of ice”.
11. Removal from of ice - 13 Verify source ↗
Acting Chairperson
AI-assisted research summary: Section heading: Acting Chairperson.
13. Acting Chairperson Part 3 Oper@zg procedure of Commisswn
Part
Part 3
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Rules of procedure
AI-assisted research summary: This section is titled “Rules of procedure” and mentions committees.
16. Rules of procedure 17. committees - 18 Verify source ↗
Assignment of powers and duties
AI-assisted research summary: This section is titled “Assignment of powers and duties” and relates to administration and staff matters.
18. Assignment of powers and duties Part 4 Administration and staff matters
Part
Part 4
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Adminismative responsibilities of Chairperson
AI-assisted research summary: This section is titled "Administrative responsibilities of Chairperson."
19. Adminismative responsibilities of Chairperson - 20 Verify source ↗
Provision
Provision text is not available in this stored record.
- 21 Verify source ↗
Pension benefits
AI-assisted research summary: This section concerns pension benefits.
21. Pension benefits - 22 Verify source ↗
Services of non-employees
AI-assisted research summary: Section heading: Services of non-employees.
22. Services of non-employees 5 10 15 20 25 30 .-.- . . ..-. . . . . . - . ..-— .— ..=.— ,_& J-- ..- ..”’k.4A&%z!z2LxL2.K’s-.-.-J---’ “-’ - 4 No. 18514 GOVERNMENT GAZETTE, 19 DECEMBER 1997 A c t SO. 9 9 , 1 9 9 7 FIN.4NCtAL AND FISCAL COMMISSION ACT, 1997 23. 24. 25. Funding A c c o u n t a b i l i t y “‘ Audits Part 5 . Finances of Commission Part 6 Miscellaneous 26. 27. 28. 29. 30. Annual report Information required by Commission Liability of Commission Protection of confidential information Regulations Part 7 Transitional arrangements 31. 32. 33. 34. 35. Definitions Members of previous Commission Transfer of assets. liabilities, staff, etc. Financial and administrative records Short title and commencement Definitions 5 10 15 20
Part
Part 7
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In this Act. unless the context indicates otherwise—
AI-assisted research summary: This section defines key terms used in the Act.
1. In this Act. unless the context indicates otherwise— “Commission” means the Financial and Fiscal Commission referred to in sec- tion 2: “employee”, except in sections 20(1), 21 and 33, includes a member of the public service seconded to the Commission; “financial year” means the financial year of the Commission, which is the same as that of state departments; “Minister” means the Minister of Finance; “organ of state” means the same as in section 239 of the Constitution; “President” means the President acting as head of the national executive in terms 30 of section 85 of the Constitution; “state department” means a department, administration or office listed in Schedule 1 or 2 of the Public Service Act, 1994 (Proclamation No. 103 of 1994); “’thk Act” includes any regulations made in terms of section 30. 25 PART 1 35 STATUS, FUNCTIONS AND POWERS OF COMMISSION status
Part
PART 1
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The Financial and Fiscal Commission established by section 220 of the
AI-assisted research summary: The Commission is an independent juristic person, must act impartially, must perform its functions as required, and may use several listed powers but may not borrow money or overdraw its bank accounts.
2. The Financial and Fiscal Commission established by section 220 of the Constitution is a juristic person, independent and subject only to the Constitution, this Act and the law. 40 Functions 3. (1) The Commission acts as a consultative body for, and makes recommendations and gives advice to, organs of state in the national, provincial and local spheres of government on financial and fiscal matters. (2) The Commission— (a) must perform the functions mentioned in subsection (1) to the extent that its performance of those functions are envisaged in the Constitution or required by national legislation; and 45 6 No. 1S514 GOVERNMENT GAZE’lTE, 19 DECEMBER 1997 Act No. 99, 1997 FINANCIAL AND FISCAL COMMISSION ACT, 1997 (b) may perform those functions— (i) on its own initiative; or (ii) on request of an organ of state. (3) The Commission must be impartial. (4) No person or organ of state may interfere with the functioning of the Commission. 5 (5) All organs of state, when appropriate, must assist the Commission to perform its functions effectively. (6) The Commission must submit for tabling copies of all its recommendations made in terms of a provision of the Constitution to both Houses of Parliament and to the provincial legislatures. 10 Powers 4. (1) The Commission may do all that is necessary or expedient to perform its functions effectively, which includes the power to- (u) determine its own staff establishment and appoint employees in posts on the sti establishment 15 (b) obtain the services of any person, including any organ of state or institution to perform any specific act or function; (c) confer with any person or organ of state; (d) acquire or dispose of any right in or to property, but ownership in immovable property may be acquired or disposed of only with the consent of the Minister; 20 (e) open, and operate on, its own bank accounts; ~ insure itself against any loss, damage, risk or liability; (g) perform legal acts,’ or institute or defend any legal action in its own name; (h) do research and publish reports; and (i) do anything that is incidental to the exercise of any of its powers. (2) The Commission may not borrow money or overdraw its bank accounts. 25 PART 2 MEMBERSHIP OF COMMISSION Composition
Part
PART 2
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In terms of section 221(1) of the Constitution, the Commission consists of the 30
AI-assisted research summary: This section says the Commission is made up of 30 members appointed by the President, with specific places reserved for a chairperson, a deputy chairperson, provincial nominees, local-government nominees, and other persons.
5. In terms of section 221(1) of the Constitution, the Commission consists of the 30 following women and men appointed by the President: (a) A chairperson and a deputy chairperson; (b) nine persons, each of whom is nominated by the Executive Council of a province, with each province nominating only one person after nominations ha~e been invited in the provincial gazette and in at least two newspapers 35 circulating in the province; (c) two persons nominated by organised local government in accordance with the (@mised Local Government Act, 1997; and (d) nine other persons. Chairpersons - 6 Verify source ↗
The Chairperson and Deputy Chairperson of the Commission are appointed in
AI-assisted research summary: The Chairperson and Deputy Chairperson of the Commission are appointed under section 221(l)(a) of the Constitution.
6. The Chairperson and Deputy Chairperson of the Commission are appointed in terms of section 221(l)(a) of the Constitution. Qualifications - 7 Verify source ↗
A member of the Commission must have appropriate expertise
AI-assisted research summary: A member of the Commission must have appropriate expertise.
7. A member of the Commission must have appropriate expertise Terms of office 8. (1) The members of the Commission must be appointed for a term not exceeding five years. 40 45 — . . . . . . . . ..—. .—--~—.—- — .--—— ———— —— ———-———— --—-.—-—— —— —— 8 No. 1S514 GOVERNMENT GAZETTE, 19 DECEMBER 1997 Act No. 99.1997 FINANCIAL AND FISCAL COMMISSION ACT, 1997 (2) A member maybe reappointed when that member’s term expires. Remuneration, allowances and benefits 9. (1) The remuneration, allowances and other benefits of members of the Commission must be determined by the President, taking into account— (a) (b) (c) (d) (e) VI the recommendations of the Minister; the remuneration, allowances and other benefits of members of other commissions established by the Constitution; the role, duties and responsibilities of a member of the Commission; affordability in relation to the responsibilities of the Commission; the level of expertise and experience required of a member of the 10 Commission; ard any relevant recommendations of the independent commission referred to in section 219(2) of the Constitution. 5 (2) The remuneration of a member may not be reduced during the term of the member. Resignations 15 - 10 Verify source ↗
A member of the Commission may resign by giving at least three months’ written
AI-assisted research summary: A Commission member may resign with at least three months’ written notice to the President, and the President may allow a shorter period in a specific case.
10. A member of the Commission may resign by giving at least three months’ written notice to the President, but the President may accept a shorter notice period in a specific case. R e m o v a l f r o m ofEce : 11. (1) The President may remove a member of the Commission from office, but only 20 on the ground of misconduc< incapacity or incompetence. (2) A decision to remove a member on the ground of misconduct or incompetence must be based on a finding to that effect by a tribunal appointed by the President. (3) The President may suspend a member of the Commission from office while awaiting the finding of the tribunal concerning that member. (4) The President must consult— (a) the Premier of a province before removing from office a member nominated by that province in terms of section 5(b); or (b) organised local government before removing from office a member nominated in terms of section 5(c). 25 30 Vacancies - 12 Verify source ↗
As soon as practical after a vacancy has occurred in the Commission, the
AI-assisted research summary: If there is a vacancy in the Commission, the President must appoint another person to fill it as soon as practical, following section 5.
12. As soon as practical after a vacancy has occurred in the Commission, the President must appoint another person in accordance with section 5 to fill the vacancy. Acting Chairperson - 13 Verify source ↗
If the Chairperson of the Commission is absent from office or otherwise unable to 35
AI-assisted research summary: If the Chairperson is unavailable, the Deputy Chairperson acts as Chairperson. The Commission controls its meetings, must hold at least four each year, and members with a personal or financial interest must disclose it and leave the proceedings when the matter is considered.
13. If the Chairperson of the Commission is absent from office or otherwise unable to 35 perform the functions of office, or during a vacancy in the office of Chairperson, the Deputy Chairperson acts as Chairperson. PART 3 OPERATING PROCEDURE OF COMMISS1ON Meetings 40 14. (1) The Commission decides when and where it meets, or may authorise the Chairperson to decide on its behalf. (2) At least four meetings must be held each year. (3) The Chairperson or the Deputy Chairperson presides at meetings of the Commission. but if both are absent from a meeting, the members present must elect 45 another member to preside at that meeting. 10 !%. 18514 GOVERNMENT GAZETTE, 19 DECEMBER 1997 Act NO. 99, 1997 FINANCIAL AND FISCAL COMMISSION ACT, 1997 (4) A member who has a personal or financial interest in any matter before the Commission, must disclose that interest and withdraw from the proceedings of the Commission when that matter is considered. Quorums 15. (1) The majority of the members of the Commission constitutes a quorum for a 5 meeting of the Commission. , (2) A question before the Commission is decided with a supporting vote of at least two thirds of the members present. Rules of procedure
Part
PART 3
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The Commission must—
AI-assisted research summary: The Commission must set its procedures and keep minutes. It may create, manage, and dissolve committees, delegate powers or duties, and review delegated decisions. The Chairperson has stated management responsibilities, employees work under Commission-set terms, and eligible employees may join the Government Employees’ Pension Fund.
16. The Commission must— 10 (a) determine rules of procedure for the conduct of its business; and (b) keep minutes of its proceedings and decisions. Committees 17. (1) The Commission may— (a) appoint one or more committees to assist the Commission in the performance 15 of any of its functions or the exercise of any of its powers; or (b) dissolve a committee at any time. (2) A committee consists of— (a) two or more Commission members; or (b) at least one Commission member and at least one other person. (3) The Cornmission— (a) must determine the functions, of a committee; (b) must appoint the chairperson and’ members of a committee, but only a Commission member may be appointed as the chairperson; (c) may dismiss a member of a committee at any time; (d) may determine a committee’s procedure; and (e) must determine, after consulting the Minister, ~be remuneration, allowances and other benefits of office of members of a committee who are not Commission members or employees. Assignment of powers and duties 18. (1) The Commission may— (a) delegate any of the Commission’s powers to a Commission member, committee or employee; or (b) instruct any Commission member, committee or employee to perform any of the Commission’s duties. (~) A delegation or ins~ction in [erms of subsection (l)— 20 25 30 35 (a) is subject to any conditions the Commission may impose; and (b) does not divest the Commission of the responsibility concerning the exercise of the power or the performance of the duty. (3) The Commission may confirm, vary or revoke any decision taken by a 40 Commission member, committee or employee in consequence of a delegation or instruction. PART 4 .ADMINISTRATION AND STAFF MATTERS Administrate\-e responsibilities of Chairperson 19. (1) The Chairperson of the Commission is the chief-executive officer and also the accounting oflicer of the Commission. (2) As chief-executive officer the Chairperson is responsible for— (a) the formation and development of an efficient administration; (b) the organisation, control and management of the stati (c) the maintenance of discipline; and 45 50 12 No. 1s514 GOVERNMENT GAZETTE, 19 DECEMBER 1997 Act No. 99.1997 FINANCIAL AND FtSCAL COMMISSION ACT, 1997 (d) the carrying out of the decisions of the Commission. (3) As accounting officer the Chairperson is responsible for— (a) all income and expenditure of the Commission; (b) all assets and the discharge of all liabilities of the Commission; and (c) the proper and diligent implementation of Part 5. Terms and conditions of employment 20. (i) An employee of the Commission is employed subject to the terms and conditions of employment determined by the Commission. (2) Persons in the public service seconded to the Commission perform their duties subject to the control and discipline of the Chairperson of the Commission. Pension benefits 5 10 21. (1) A person appointed as an employee of the Commission may become a member of the Government Employees’ Pension Fund mentioned in section 2 of the Government Employees’ Pension Law, 1996 (Proclamation No. 21 of 1996). (~) An employee of the Comission who becomes a member of that pension fund, is ]5 entitled to pension and retirement benefits as if that person is an official in the public service. S e r v i c e s o f n o n - e m p l o y e es
Part
PART 4
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If the Commission contracts for the services of any person, other than, an
AI-assisted research summary: The Commission may hire a non-employee for a specific function and may pay that person or reimburse expenses. The Chairperson must submit annual and supplementary income/expenditure estimates to the Minister and disclose other income sources. The Commission is entitled to annual parliamentary appropriations and must refund unused funds at year-end unless the Minister allows retention.
22. If the Commission contracts for the services of any person, other than, an employee. to perform any specific actor function, the Commission may remunerate that 20 person, and may reimburse that person for expenses. PART 5 FINANCES OF COMMISSION Funding 23. (1) The Commission is entitled to money appropriated annually by Parliament to 25 enable it to perform its functions effectively. (2) For the purposes of subsection (1) the Chairperson of the Commission— (a) must submit to the Minister during each financial year, but before a date set by the Minister, estimates of the Commission’s income and expenditure for the next financial year; and (b) may submit to the Minister at any time during a financial year estimates of the Commission’s income and expenditure supplementary to those mentioned in paragraph (n). 30 (3) When submitting estimates the Chairperson must disclose full particulars of any income which has accrued, or is expected to accrue, to the Commission from a source 35 other than an appropriation by Parliament. (4) The Commission must refund to the National Revenue Fund any money paid to the Commission in terms of subsection (1) that has not been used at the end of a financial year, unless the Minister agrees that the Commission may retain the money. Accountability 40
Part
PART 5
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As accountinsz officer of the Commission, the Chairperson must—
AI-assisted research summary: The Chairperson, as accounting officer of the Commission, must keep proper financial records, safeguard and efficiently use resources, comply with applicable statutory measures, and prepare annual financial statements within three months after each financial year end.
24. As accountinsz officer of the Commission, the Chairperson must— (a) (b) (c) keep full ‘%d proper records of— (i) all income and expenditure of the Commission; and (ii) all the Commission’s assets, liabilities and financial transactions; ensure that the Commission’s available resources are properly safeguarded 45’ and used in the most efficient and effective way; ensure that all statutory measures applicable to the Commission are complied with: and 14 No. 18514 GOVERNMENT GAZEITE, 19 DECEMBER 1997 Act NO. 99.1997 FINANCIAL AND FISCAL COMMISSION ACT, 1997 (d) within three months after the end of each financial year, prepare annual financial statements in accordance with generally accepted accounting practice. Audits - 25 Verify source ↗
The Auditor-General must audit the accounts and financial records of the 5
AI-assisted research summary: The Auditor-General must audit the Commission’s accounts and financial records, and the Commission must submit annual reports and audited financial statements, share required information on request in some cases, and keep confidential information undisclosed except for listed exceptions.
25. The Auditor-General must audit the accounts and financial records of the 5 Commission. Amual report PART 6 MISCELLANEOUS 26. (1) The Commission must annually submit to both Houses of Parliament, to each 10 provincial legislature and to the national organisation representing organised local government recognised in terms of the Organised Local Government Act, 1997, a report on the activities of the Commission during a financial year. (2) The reDort must be submitted within six months after the end of the financial year ., , to which it relates, and must include— (a) (b) a summary of all recommendations made by the Commission in terms of a requirement of the Constitution; and audited financial statements reflecting the Commission’s financial affairs during the year, consisting of at least— (i) a balance sheet; . (ii) an income statement; (iii) a, cash flow statement; and (iv) a report of the auditors. 15 20 Information required by Commission 27. (1) The Commission may obtain information it requires for the performance of its 25 functions from the Central Statistical Service. (2) Any information which the Commission requires for the performance of its functions and which is available to an organ of state or to any institution that derives any funds from the National Revenue Fund, a Provincial Revenue Fund or a municipality, must be supplied free of charge to the Commission, on the Commission’s request, by 30 that organ of state or institution. Liability of Commission 28. (1) The State Liability Act, 1957 (Act No. 20 of 1957), applies, with the necessary changes. in respect of the Commission, and in such application a reference in that Act to the Minister of a department concerned must be construed as a reference to the 35 Chairperson of the Commission. (2) NO person, inchsding the Commission, is liable for an}~hing done or omitted in good faith when performing a function or exercising a power in terms of this Act. Protection of confidential information 29. (1) No person may disclose any information acquired on a confidential basis in the 40 course of the application of this Act, except when— (a) necessary for the purposes of this Act; (b) required in terms of other legislation or the law; (c) required in the course of legal proceedings; or (d} a coun so orders. (2) A person who contravenes subsection(1) is guilty of an offence and on conviction liable to a fine or to imprisonment not exceeding one year or to a fine and imprisonment. 45 16 NO. 18514 GOVERNMENT GAZEITE. 19 DECEMBER 1997 Act NO. 99.1997 FtNANCIAL AND FISCAL COMMISSION ACT, 1997 Regulations
Part
PART 6
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The ,Minister, with the concurrence of the Commission, may make regulations, not
AI-assisted research summary: The Minister may make regulations, with the Commission’s concurrence, to prescribe procedures that help the Commission perform its functions.
30. The ,Minister, with the concurrence of the Commission, may make regulations, not inconsistent with this Act or any other Act of Parliament, prescribing procedures to facilitate the performance by the Commission of its functions. PART 7 5 TRANSITIONAL ARRANGEMENTS Definitions
Part
PART 7
- 31 Verify source ↗
In this Part—
AI-assisted research summary: This section defines several terms and sets transitional rules for members of the previous Commission to be treated as appointed to the new Commission.
31. In this Part— “new Commission” means the Commission referred to in section 2; “previous Commission” means the Financial and Fiscal Commission estab- 10 lished by section 198 of the previous Constitution; “previous Constitution” means the Constitution of the Republic of South Afric& 1993 (Act No. 200 of 1993). Members of previous Commission 32. (1) A person who held office in the previous Commission immediately before this 15 Act took effect— (u) as the Chairperson or Deputy Chairperson, is regarded as having been appointed as the Chairperson or the Deputy Chairperson of the new Commission in terms of section 5(a) of this Act; (b) as a member designated by a provincial Executive Council in terms of section 20 200( 1)(b) of the previous Constitution, is regarded as having been nominated by that Council and appointed to the new Commissiort in terms of section 5(b) of this Act; and (c) as a member appointed in terms of section 200(1)(c) of the previous Constitution, is regarded as having been appointed to the new Commission in 25 terms of section 5(d) of this Act. (2) The Chairperson and Deputy Chairperson are regarded as having been appointed to the new Commission for a term of five years as from the date this Act took effect. (3) The members referred to in subsection (1)(b) and (c) are regarded as having been appointed to the new Commission for a term of four years as from the date this Act took 30 effect. Transfer of assets, liabilities, staff, etc. - 33 Verify source ↗
When this Act takes effect—
AI-assisted research summary: When this Act takes effect, the previous Commission’s assets, liabilities, rights and obligations vest in the new Commission, and employees move to the new Commission on existing terms, with preserved service and benefits.
33. When this Act takes effect— (a) all assets, liabilities, rights and obligations of the previous Commission are ~ested in the new Commission; (b) an employee of the previous Commission becomes an employee of the new Comrnission— (i) subject to the terms and conditions of employment that were applicable to that person as an employee of the previous Commission, until altered in terms of section 20; and (ii) with retention of all accrued pensionable service, leave and other benefits: and (c) anything done by or on behalf of the previous Commission is regarded as haling been done by or on behalf of the new Commission. Financial and administrative records - 34 Verify source ↗
The nmv Commission is entitled to all financial, administrative and other records
AI-assisted research summary: The nmv Commission is entitled to all financial, administrative and other records of the previous Commission.
34. The nmv Commission is entitled to all financial, administrative and other records of the pre~ious Commission. 35 40 45 —-—. . . —— . . . . .—.—-— -——— — is No. 18514 GOVERNMENT GAZETTE. 19 DECEMBER 1997 Act NO. 99.1997 FINANCIAL AND FISCAL COMMISSION ACT, 1997 Short title and commencement M. This Act is called the Financial and Fiscal Commission Act, 1997, and takes efFect on 1 .Tanuary 1998.
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