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Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998)

Chapter 7 : Criminal Assets Recovery Account

69A. Utilisation of account and accountability

 

(1) The property and money allocated to, or standing to the credit of, the Account may be utilised by Cabinet, after considering the recommendations of the Committee, for—
(a) the allocation of property and amounts of money from the Account to specific law enforcement agencies;
(b) the allocation of property and amounts of money from the Account to any institution, organisation or fund contemplated in section 68(c); and
(c) the administration of the Account.

 

(2) All amounts of money withdrawn, or property allocated, from the Account under subsection (1) shall be so withdrawn or allocated as a direct charge against the National Revenue Fund.

 

(3)
(a) Whenever Cabinet allocates property or money under subsection (1) to a specific law enforcement agency or to an institution, organisation or fund contemplated in section 68(c)—
(i) Cabinet shall indicate the specific purpose for which that property or money is to be utilised; and
(ii) the Minister shall forthwith cause all particulars of such allocation to be tabled in Parliament.
(b) Property or money allocated under subsection (1) may not be utilised for any other purpose than that specified in terms of paragraph (a)(i).

 

(4) No allocation of property or money shall be made under subsection (1) to an institution, organisation or fund contemplated in section 68(c) unless an accounting officer for that institution, organisation or fund is appointed or designated for such institution, organisation or fund.

 

(5) An accounting officer appointed or designated under subsection (4) shall be charged with the responsibility of accounting for all money allocated under subsection (1), the acquisition, receipt, custody and disposal of all property so allocated and all payments made by him or her in respect of the purpose for which the allocation had been made.

 

(6) The Committee may, after consultation with the Treasury and the Auditor-General, in such manner as it deems necessary, issue guidelines to accounting officers appointed or designated under subsection (4) in connection with the systems of book-keeping and accounting to be followed by them.

 

(7) Accounting by a law enforcement agency or institution, organisation or fund for property and money allocated to it from the Account under subsection (1) shall be done separately from accounting for money and property received from any other source.

 

(8) The Auditor-General shall audit the books of accounts, accounting statements, financial statements and financial management of each law enforcement agency or institution, organisation or fund to which property or money had been allocated under subsection (1) in respect of that allocation, and the provisions of section 6 of the Auditor-General Act, 1989 (Act 52 of 1989), shall apply in respect of any such audit.

 

(9) The Auditor-General shall submit a copy of the report on an audit under subsection (8) to the Committee.

 

[Section 69A inserted by section 37 of Act No. 24 of 1999]