Public Finance Management Act, 1999 (Act No. 1 of 1999)Chapter 9 : General Treasury Matters76. Treasury regulations and instructions |
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.