Protection of Businesses Act, 1978
R 385
Public Finance Management Act, 1999 (Act No. 1 of 1999)Chapter 9 : General Treasury Matters76. Treasury regulations and instructions |
| (1) | The National Treasury must make regulations or issue instructions applicable to departments, concerning— |
| (a) | any matter that must be prescribed for departments in terms of this Act; |
| (b) | the recovery of losses and damages; |
| (c) | the handling of, and control over, trust money and property; |
| (d) | the rendering of free services; |
| (e) | the writing off of losses of state money or other state assets or amounts owed to the state; |
| (f) | liability for losses and damages and procedures for recovery; |
| (g) | the cancellation or variation of contracts to the detriment of the state; |
| (h) | the settlement of claims by or against the state; |
| (i) | the waiver of claims by the state; |
| (j) | the remission of money due to the Revenue Fund, refunds of revenue and payments from the Revenue Fund, as an act of grace; |
| (k) | the alienation, letting or other disposal of state assets; and |
| (l) | gifts or donations by or to the state. |
| (2) | The National Treasury may make regulations or issue instructions applicable to departments, concerning— |
| (a) | any matter that may be prescribed for departments in terms of this Act; |
| (b) | the charging of expenditure against particular votes; |
| (c) | the establishment of and control over trading entities; |
| (d) | the improvement and maintenance of immovable state assets; |
| (e) | fruitless and wasteful, unauthorised and irregular expenditure; |
| (f) | the determination of any scales of fees, other charges or rates relating to revenue accruing to, or expenditure from, a Revenue Fund; |
| (g) | the treatment of any specific expenditure; |
| (h) | vouchers or other proofs of receipts or payments, which are defective or have been lost or damaged; |
| (i) | assets which accrue to the state by operation of any law; or |
| (j) | any other matter that may facilitate the application of this Act. |
| (3) | Regulations in terms of subsection (1) or (2) may prescribe matters for which the prior approval of a treasury must be obtained. |
| (4) | The National Treasury may make regulations or issue instructions applicable to all institutions to which this Act applies concerning— |
| (a) | any matter that may be prescribed for all institutions in terms of this Act; |
| (b) | financial management and internal control; |
| (c) | the determination of a framework for an appropriate procurement and provisioning system which is fair, equitable, transparent, competitive and cost-effective; |
| (d) | audit committees, their appointment and their functioning; |
| (e) | internal audit components and their functioning; |
| (f) | the administration of this Act; and |
| (g) | any other matter that may facilitate the application of this Act. |
| (5) | A treasury regulation or instruction in terms of this section may— |
| (a) | differentiate between different categories of— |
| (i) | institutions to which this Act applies; |
| (ii) | accounting officers; or |
| (iii) | accounting authorities; or |
| (b) | be limited in its application to a specific category of— |
| (i) | institutions to which this Act applies; |
| (ii) | accounting officers; or |
| (iii) | accounting authorities. |
