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Money Bills Amendment Procedure and Related Matters Act, 2009 (Act No. 9 of 2009)

10. Passing the Appropriation Bill

 

(1) After the adoption of the fiscal framework—
(a) the Appropriation Bill must be referred to the committee on appropriations of the National Assembly;
(b) the Minister must table the proposals setting out the purpose and other strategic other performance information for each vote against its expected revenue and proposed expenditure by programme, main division and economic classifications; and
(c) the relevant members of Cabinet must table updated strategic plans for each department, public entity or constitutional institution, which must be referred to the relevant committee for consideration and report.

[Section 10(1) substituted by section 9(a) of Notice No. 17, GG 42170, dated 17 January 2019]

 

(2) After the Appropriation Bill is passed by the National Assembly and referred to the National Council of Provinces, the Bill must be referred to the committee on appropriations of the National Council of Provinces.

[Section 10(2) substituted by section 9(a) of Notice No. 17, GG 42170, dated 17 January 2019]

 

(3) The committees on appropriations may not consider amendments to the Appropriation Bill prior to the passing of the Division of Revenue Bill.

 

(4) Any amendment to the Appropriation Bill must be consistent with the adopted fiscal framework and Division of Revenue Bill passed by Parliament.

 

(5) Another committee may advise a committee on appropriations that a sub-division of a main division within a vote be appropriated conditionally to ensure that the money requested for the main division will be spent effectively, efficiently and economically, provided that—
(a) the committee must specify the conditions that need to be met before the committee on appropriations may recommend to the House that the funds be released;
(b) the Minister and the affected member of Cabinet must be given at least two days to respond to the proposed conditional appropriation, which response must be included in the report containing the recommendation; and
(c) [Section 10(5)(c) deleted by section 9(b) of Notice No. 17, GG 42170, dated 17 January 2019]
(d) the House must consider the recommendation of the committee on appropriations to release the funds within seven days after that committee reported to the House.

[Section 10(5) substituted by section 9(b) of Notice No. 17, GG 42170, dated 17 January 2019]

 

(6) Another committee may advise a committee on appropriations that an amount must be appropriated specifically and exclusively for a purpose mentioned under a main division within a vote.

[Section 10(6) substituted by section 9(c) of Notice No. 17, GG 42170, dated 17 January 2019]

 

(7) Parliament must pass, with or without amendments, or reject the Appropriation Bill within four months after the start of the financial year to which it relates.

 

(8) The standing rules must provide for—
(a) the committee on appropriations to hold public hearings on the Appropriation Bill and proposed amendments;
(b) the committee on appropriations to report to the House on the comments on and amendments to the Appropriation Bill;
(c) other committees to consult with the committee on appropriations in respect of proposed amendments to transfer payments, recurrent and capital expenditure of a vote, or a main division within a vote, taking into consideration any report adopted by the House;
(d) other committees to consult with the committee on appropriations in respect of proposed conditional appropriations;
(e) the committee on appropriations to mediate between committees proposing conflicting amendments to the Appropriation Bill; and
(f) the committee on appropriations to recommend to the House that proposed amendments reported by other committees are rejected where those amendments are inconsistent with the fiscal framework, the adopted Division of Revenue Bill or not motivated adequately in terms of this section.

[Section 10(8) substituted by section 9(d) of Notice No. 17, GG 42170, dated 17 January 2019]

 

(9) The Minister and any other member of Cabinet affected by the proposed amendments must be given at least 10 days to respond to any amendments proposed to the Appropriation Bill by the committee on appropriations prior to reporting to the House.

[Section 10(9) substituted by section 9(d) of Notice No. 17, GG 42170, dated 17 January 2019]

 

(10) A report of the committee on appropriations to the House that proposes amendments to the main Appropriation Bill must, in respect of each amendment—
(a) indicate the reason for such proposed amendment;
(b) demonstrate how the amendment takes into account the broad strategic priorities and allocations of the relevant budget;
(c) demonstrate the implications of each proposed amendment for an affected vote and the main divisions within that vote;
(d) demonstrate the impact of any proposed amendment on the balance between transfer payments, capital and recurrent spending in an affected vote;
(e) set out the impact of any proposed amendment on service delivery;
(f) set out the manner in which the amendment relates to prevailing departmental strategic plans, reports of the Auditor General, committee reports adopted by a House, reports in terms of section 32 of the Public Finance Management Act, annual reports and any other information submitted to a House or committee in terms of the standing rules or on request; and
(g) include the responses of the Minister or affected member of Cabinet to any proposed amendment.

[Section 10(10) substituted by section 9(d) of Notice No. 17, GG 42170, dated 17 January 2019]

 

(11) [Section 10(11) deleted by section 9(e) of Notice No. 17, GG 42170, dated 17 January 2019]