Legislation enacted by a provincial legislature to provide for a procedure to amend money Bills must take into account that the purpose of amending money Bills is to give effect to resolutions of the legislature on oversight, and must comply with the following principles:
| (a) |
A money Bill sent to the Premier for assent must be consistent with— |
| (i) |
the relevant fiscal framework adopted by Parliament; and |
| (b) |
When considering an amendment a provincial legislature or any of its committees must— |
| (i) |
ensure that there is an appropriate balance between revenue, expenditure and borrowing; |
| (ii) |
ensure that debt levels and debt servicing charges are reasonable; |
| (iii) |
ensure that the cost of recurrent spending is not deferred to future generations; |
| (iv) |
ensure that there is adequate provision for spending on infrastructure; |
| (v) |
ensure that there is development, overall capital spending and maintenance; |
| (vi) |
consider the short, medium and long term implications of the fiscal framework, division of revenue and national budget on the long-term growth potential of the economy and the development of the country; |
| (vii) |
take into account cyclical factors that may impact on the prevailing fiscal position; and |
| (viii) |
take into account all public revenue and expenditure, including extra budgetary funds, and contingent liabilities. |
| (c) |
In amending revenue Bills and revenue proposals a provincial legislature and its committees must— |
| (i) |
ensure that the total amount of revenue raised is consistent with the fiscal framework approved by Parliament and the relevant Division of Revenue Bill adopted by Parliament; |
| (ii) |
take into account the principles of equity, efficiency, certainty and ease of collection; |
| (iii) |
consider the impact of the proposed change on the composition of tax revenue with reference to the balance between direct and indirect taxes; |
| (iv) |
consider regional and international tax trends; and |
| (v) |
consider the impact on development, investment, employment and economic growth. |
| (d) |
The standing rules of the provincial legislature must provide for timeframes to introduce and consider money Bills, with or without amendments, with due regard to— |
| (i) |
its constitutional obligation to facilitate public involvement in its legislative and other processes of the legislature and its committees; and |
| (ii) |
comments from the Member of the Executive Council who is responsible for financial matters in the province. |
| (e) |
[Paragraph (e) of the Schedule deleted by section 17 of Notice No. 17, GG 42170, dated 17 January 2019] |
| (f) |
[Paragraph (f) of the Schedule deleted by section 17 of Notice No. 17, GG 42170, dated 17 January 2019] |
| (g) |
A provincial legislature may appropriate an amount specifically and exclusively for a purpose mentioned under a main division within a vote. |
| (h) |
A provincial legislature must pass, with or without amendments, or reject the provincial annual budget within four months after the start of the financial year to which it relates. |
| (i) |
Notwithstanding any provision in this legislation, a provincial legislature or a committee may consider an amendment to a money Bill proposed by the Member of the Executive Council who is responsible for financial matters in the province in order to make technical corrections to the Bill. |
[Schedule (Norms and standards for provincial legislatures) substituted by section 17 of Notice No. 17, GG 42170, dated 17 January 2019]
Basic Conditions of Employment Act, 1997
