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

Chapter 10 : Financial Misconduct

Part 2 : Criminal proceedings

69. Offences

 

(1) It is an offence for the Accounting Officer to—
(a) deliberately or in a grossly negligent way—
(i) contravene or fail to comply with a provision of section 7, 26(c), 30(2)(a)(c), 31(2)(a),(b),(c)(d), 33(2)(a),(b),(c),(d)(f); or
(ii) fail to take all reasonable steps to prevent unauthorised, irregular or fruitless and wasteful expenditure;
(b) contravene section 12(3)(b);
(c) fail to take all reasonable steps to prevent corrupt practices—
(i) in the management of Parliament’s assets or receipt of money; or
(ii) in the implementation of Parliament’s supply chain management system;
(d) deliberately mislead or withhold information from the Executive Authority or Auditor-General on any bank accounts of Parliament or on money received or spent by Parliament; or
(e) deliberately provide false or misleading information in any document which in terms of a requirement of this Act must be submitted to the Executive Authority or Auditor-General.

 

(2) It is an offence for—
(a) any official to whom a power or duty is delegated in terms of section 10, to contravene or fail to comply deliberately or in a grossly negligent way with the delegation or a condition of the delegation;
(b) any official who exercises financial management responsibilities in terms of section 11, to fail to fulfil those responsibilities deliberately or in a grossly negligent way; or

(c)        any official to contravene section 12(3)(b).

 

(3) It is an offence for any person to contravene sections 44, 45, 46 or 58(3).