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Judicial Service Commission Act, 1994 (Act No. 9 of 1994)

Chapter 4 : Miscellaneous Provisions

36. Finances and accountability

 

(1) Expenditure in connection with the administration and functioning of the Commission must be defrayed from monies appropriated by Parliament for this purpose to the Office of the Chief Justice vote (hereinafter referred to as the Departmental vote) in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999).

[Section 36(1) substituted by section 5(a) of Act No. 24 of 2015, GG 39587, dated 8 January 2016]

 

(2) Monies appropriated by Parliament for this purpose—
(a) constitute earmarked funds on the Departmental vote; and
(b) may not be used by the Office of the Chief Justice for any other purpose, without the approval of Treasury and the Chief Justice as Chairperson of the Commission.

[Section 36(2)(b) substituted by section 5(b) of Act No. 24 of 2015, GG 39587, dated 8 January 2016]

 

(3) The Minister must consult with the Chief Justice on the funds required for the administration and functioning of the Commission, as part of the budgetary process of departments of state, in the manner prescribed.

 

(4) Subject to the Public Finance Management Act, 1999 (Act No. 1 of 1999), the Secretary-General of the Office of the Chief Justice—

[Words preceding section 36(4)(a) substituted by section 5(c) of Act No. 24 of 2015, GG 39587, dated 8 January 2016]

(a) is charged with the responsibility of accounting for monies received or paid out for or on account of the administration and functioning of the Commission; and
(b) must cause the necessary accounting and other related records to he kept, which records must be audited by the Auditor-General.

 

[Section 35 inserted by section 9 of Act No. 20 of 2008]