| (1) |
There is hereby established a Parliamentary Budget Office as a juristic person headed by a Director, the main objective of which is to provide independent, objective and professional advice and analysis to Parliament on matters related to the budget and other money bills. |
[Section 15(1) substituted by section 13(a) of Notice No. 17, GG 42170, dated 17 January 2019]
| (2) |
The core function of the Parliamentary Budget Office is to support the implementation of this Act by undertaking research and analysis for the committees referred to in section 4, including— |
| (a) |
annually providing reviews and analysis of the documentation tabled in Parliament by the Executive in terms of this Act; |
| (b) |
providing advice and analysis on proposed amendments to the fiscal framework, the Division of Revenue Bill and money Bills and on policy proposals with budgetary implications; |
| (c) |
monitoring and synthesising matters and reports tabled and adopted in a House with budgetary implications, with particular emphasis on reports by other committees; |
| (d) |
keeping abreast of policy debates and developments in key expenditure and revenue areas; |
| (e) |
monitoring and reporting on potential unfunded mandates arising out of legislative, policy or budgetary proposals; and |
| (f) |
undertaking any other work deemed necessary by the Director to support the implementation of this Act. |
| (3) |
The Parliamentary Budget Office may undertake research on request by the Houses, other committees or members of Parliament on matters related to the budget and other money Bills, subject to capacity. |
| (4) |
There must be a cooperative relationship between the Parliamentary Budget Office and other research structures in Parliament. |
| (5) |
The respective Houses, on the recommendation of the committees contemplated in section 4— |
| (a) |
must appoint a fit and proper person with the requisite experience, qualifications and leadership skills to manage the Parliamentary Budget Office with the functions as set out in subsections (2) and (3) as Director on a five-year fixed term contract; |
| (b) |
must determine the conditions of service, including the salary and allowance of the Director, which must take into account the knowledge and experience of the person and substantially be the same as those of the top rank of the public service; and |
| (c) |
may, based on performance, renew the contract referred to in paragraph (a) on substantially the same conditions of service as contemplated in paragraph (b). |
[Section 15(5) substituted by section 13(b) of Notice No. 17, GG 42170, dated 17 January 2019]
| (6) |
[Section 15(6) repealed by section 13(c) of Notice No. 17, GG 42170, dated 17 January 2019] |
| (7) |
Any committee considering a recommendation contemplated in subsection (5) must do so in an open and transparent manner. |
[Section 15(7) substituted by section 13(d) of Notice No. 17, GG 42170, dated 17 January 2019]
| (8) |
The Director may be removed from office only on— |
| (a) |
the ground of misconduct, incapacity or incompetence; |
| (b) |
a finding to that effect by a joint sitting of the committees on finance and appropriations of each House; and |
| (c) |
the adoption by both Houses of a resolution calling for that person’s removal. |
| (9) |
The Director must report to Parliament any inappropriate political or executive interference to prevent the office from providing independent, objective and professional advice on matters related to the budget and other money Bills. |
[Section 15(9) substituted by section 13(e) of Notice No. 17, GG 42170, dated 17 January 2019]
[Section 15(10) substituted by section 13(f) of Notice No. 17, GG 42170, dated 17 January 2019]
(10A)
| (a) |
The Director is the Accounting Officer of the Parliamentary Budget Office and is responsible and accountable for the financial and human resource management of the office. |
| (i) |
exercise the utmost care to protect the assets and records of the Parliamentary Budget Office; |
| (ii) |
act with fidelity, honesty, integrity and in the best interests of the Parliamentary Budget Office in managing the financial affairs of the Parliamentary Budget Office; |
| (iii) |
seek, within the Director’s sphere of influence, to prevent any prejudice to the financial interests of the Republic; |
| (iv) |
ensure that the Parliamentary Budget Office has and maintains— |
| (aa) |
effective, efficient and transparent systems of financial and risk management; |
| (bb) |
an effective, efficient and transparent system of internal audit; and |
| (cc) |
a procurement and provisioning system that is fair, equitable, transparent, competitive and cost-effective; |
| (v) |
take appropriate and cost-effective steps to— |
| (aa) |
collect revenue due to the Parliamentary Budget Office; |
| (bb) |
prevent losses resulting from criminal conduct and expenditure that is not in accordance with the Parliamentary Budget Office’s operational policies; and |
| (cc) |
manage available working capital efficiently and economically; |
| (vi) |
manage and safe-guard the assets of the Parliamentary Budget Office, and manage the revenue, expenditure and liabilities of the Parliamentary Budget Office; |
| (vii) |
establish systems and processes to ensure that effective and appropriate disciplinary steps are taken against any staff member of the Parliamentary Budget Office who— |
| (aa) |
contravenes a law relevant to the performance of the Parliamentary Budget Office’s functions; or |
| (bb) |
engages in conduct that undermines the financial management and internal control systems of the Parliamentary Budget Office; and |
| (viii) |
generally ensure that the Parliamentary Budget Office complies with its legal obligations. |
| (i) |
ensure that full and proper records of the financial affairs of the Parliamentary Budget Office are kept and maintained; |
| (ii) |
prepare financial accounts for the Parliamentary Budget Office for each financial year which will form part of the annual report of Parliament; |
| (iii) |
annually submit to the Executive Authority for tabling in Parliament a rolling three-year budget in time for inclusion in Parliament’s budget; and |
| (iv) |
submit to the Executive Authority within five months after the end of each financial year, for tabling in Parliament, a report on the use of funds and the activities and performance of the Parliamentary Budget Office, including any matter that may be prescribed by regulation in terms of this Act. |
[Section 15(10A) inserted by section 13(g) of Notice No. 17, GG 42170, dated 17 January 2019]
| (11) |
[Section 15(11) repealed by section 13(h) of Notice No. 17, GG 42170, dated 17 January 2019] |
| (12) |
The Director must appoint deputy directors and personnel with the requisite experience and qualifications as may be necessary to carry out the duties and functions of the Parliamentary Budget Office as specified in subsections (2) and (3). |
| (13) |
The Director, in consultation with the advisory board, must determine— |
[Words preceding section 15(13)(a) substituted by section 13(i) of Notice No. 17, GG 42170, dated 17 January 2019]
| (a) |
the structure of the Parliamentary Budget Office; and |
| (b) |
the conditions of service of the deputy directors and personnel of the Parliamentary Budget Office, which must take cognisance of the conditions of service of officials in the Parliamentary Service. |
| (14) |
The Director may delegate authority to perform any function imposed by this section to a person appointed in terms of subsection (12). |
| (15) |
When the position of Director is vacant, or if the Director is unable to fulfil the duties and functions of that position, the advisory board must nominate a person in the employ of the Parliamentary Budget Office to act as Director until a Director is appointed in accordance with subsection (5). |
[Section 15(15) substituted by section 13(j) of Notice No. 17, GG 42170, dated 17 January 2019]
| (16) |
In carrying out the duties and functions of the Parliamentary Budget Office, the Director may procure the services of experts or consultants or organisations by contract. |
| (17) |
The Parliamentary Budget Office may obtain information it requires for the performance of its functions from any organ of state or person the Parliamentary Budget Office considers appropriate. |
[Section 15(17) inserted by section 13(k) of Notice No. 17, GG 42170, dated 17 January 2019]
| (18) |
Any information which the Parliamentary Budget Office requires for the performance of its functions and which is available to an organ of state or to any institution that derives any funds from the National Revenue Fund, a Provincial Revenue Fund or a municipality must, on request be supplied timeously and free of charge by that organ of state or institution to the Parliamentary Budget Office, unless they are prohibited by law from doing so. |
[Section 15(18) inserted by section 13(k) of Notice No. 17, GG 42170, dated 17 January 2019]
Contingency Fees Act, 1997
