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Financial Management of Parliament Act, 2009 (Act No. 10 of 2009)

Chapter 1 : Interpretation and Objects

3. Application of the Act to provincial legislatures

 

(1) This Act, with the necessary changes, applies to provincial legislatures.

 

(2) In such application, a reference in the Act to—
(a) Parliament or a House, must be construed as a reference to the provincial legislature concerned;
(b) a joint committee, must be construed as a reference to a committee of the provincial legislature;
(c) the Speaker of the National Assembly or the Chairperson of the National Council of Provinces, must be construed as a reference to the Speaker of the provincial legislature concerned, except in the case of the Executive Authority making or prescribing regulations or policy in accordance with section 65, read with sections 16(2)(h), 22(5), 24(1), 32(2) and (3), 33(2)(d)(ii), 34, 40, 42(1), 55(3)(g), and 56;
(d) the Deputy Speaker of the National Assembly or the permanent Deputy Chairperson of the National Council of Provinces, must be construed as a reference to the Deputy Speaker of the provincial legislature concerned;
(e) a Member of Parliament, must be construed as a reference to a Member of the provincial legislature concerned;
(f) the Secretary to Parliament, must be construed as a reference  to the Secretary of the provincial legislature concerned;
(g) annual national budget, must be construed as a reference to provincial annual budget;
(h) the National Treasury, must be construed as a reference to the provincial treasury concerned;
(i) the National Revenue Fund, must be construed as a reference to the Provincial Revenue Fund concerned;
(j) the Minister of Finance, must be construed as a reference to the Member of the Executive Council responsible for financial matters in the province concerned;
(k) sections 56 and 69 of the Constitution, must be construed as a reference to section 115 of the Constitution;
(l) the Joint Rules of Parliament, must be construed as a reference to the Rules made by the provincial legislature concerned in terms of section 116 of the Constitution;
(m) section 30 of the Public Finance Management Act must be construed as a reference to section 31 of that Act; and
(n) a national adjustment budget must be construed as a reference to a provincial adjustment budget.

 

[Section 3 amended by section 5 of Act No. 34 of 2014]