Basic Conditions of Employment Act, 1997
R 385
Public Finance Management Act, 1999 (Act No. 1 of 1999)Chapter 10 : Financial MisconductPart 1 : Disciplinary proceedings85. Regulations on financial misconduct procedures |
| (1) | The Minister must make regulations prescribing— |
| (a) | the manner, form and circumstances in which allegations and disciplinary and criminal charges of financial misconduct must be reported to the National Treasury, the relevant provincial treasury and the Auditor-General, including- |
| (i) | particulars of the alleged financial misconduct; and |
| (ii) | the steps taken in connection with such financial misconduct; |
| (b) | matters relating to the investigation of allegations of financial misconduct; |
| (c) | the circumstances in which the National Treasury or a provincial treasury may direct that disciplinary steps be taken or criminal charges be laid against a person for financial misconduct; |
| (d) | the circumstances in which a disciplinary board which hears a charge of financial misconduct must include a person whose name appears on a list of persons with expertise in state finances or public accounting compiled by the National Treasury; |
| (e) | the circumstances in which the findings of a disciplinary board and any sanctions imposed by the board must be reported to the National Treasury, the relevant provincial treasury and the Auditor-General; and |
| (f) | any other matters to the extent necessary to facilitate the object of this Chapter. |
| (2) | A regulation in terms of subsection (1) may— |
| (a) | differentiate between different categories of— |
| (i) | accounting officers; |
| (ii) | accounting authorities; |
| (iii) | officials; and |
| (iv) | institutions to which this Act applies; and |
| (b) | be limited in its application to a particular category of accounting officers, accounting authorities, officials or institutions only. |
