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Public Finance Management Act, 1999 (Act No. 1 of 1999)

Understanding and Using this Act

Guide for Accounting Officers

11. Miscellaneous

 

Basic accounting records and related issues

 

The Regulations require each department to maintain a ‘main ledger’ for all voted money under its control, including certain control accounts. All transactions must be supported by authentic and verifiable source documents that clearly indicate the approved accounting allocation.

 

Use of control accounts

 

Only in exceptional circumstances should it be necessary to account for revenue and expenditure transactions in a control account. Such amounts must be cleared and correctly allocated to the relevant cost centres each month, and any uncleared items must be reported to the CFO.

 

Availability of financial information

 

Accounting officers must, subject to the provisions of the National Archives of South Africa Act, 1996, retain all financial information in its original form for 12 months after the audit report for the financial year has been tabled. Information that relates to more than one financial year must be retained for 12 months beyond the date of the audit report for the last relevant financial year. For certain types of records, longer periods are specified in Part 7 of the Regulations.

 

After the expiry of the these retention periods, the information may be secured in an alternative form that maintains the integrity and reliability of the data and ensures that the information can be reproduced, if necessary, as permissible evidence in a court of law.

 

Changes to financial systems

 

Departments may not amend existing or institute new computerised systems that will affect financial administration without first consulting the national Treasury.

 

Trading entities

 

The accounting officer or a designated official will be the ‘head of the trading entity’, and must ensure compliance with the Act and the Regulations. The head of the trading entity is accountable to the accounting officer of the department operating the entity and must forward the required reports or approvals via this accounting officer.

 

Pricing decisions

 

In determining charges for goods or services, the head of the trading entity must aim to recover the full cost of providing the goods or services, unless the relevant treasury approves lower charges. Trading entities must justify their pricing decisions. The methodology for cost collection and pricing procedures must be documented and costing must reflect all resource components as comprehensively as possible.

 

Trading entities should analyse the impact of changes in any cost components when preparing annual estimates of revenue. Charges should be justifiable based on changes in costs or market conditions.

 

Appropriate charges will depend on factors such as the nature of the particular service and its market environment. To maintain a level playing field when comparing private sector costs, additional costs incurred by the public sector for regulatory or social policy functions, or any cost privileges (or disadvantages) of the private sector must also be considered.

 

Where charges do not reflect full costs, trading entities must nevertheless accurately attribute those costs to ensure accountability.

 

Correct identification of costs ensures that the value of a reduction in price is transparent to both supplier and consumer, and allows trading entities to compare the costs of market rates with the full costs of producing or buying a service.

 

Bank accounts

 

Trading entities allowed to open bank accounts may not borrow for bridging purposes and may not run overdrafts on their banking accounts unless approved otherwise, in writing, by both the accounting officer and the relevant treasury.

 

Disposal of assets

 

When assets are disposed of other than in the normal course of the business, the relevant treasury must approve the transaction.

 

Notification of financial result

 

An accounting officer of a department operating a trading entity must, at the end of each financial year and after books of account have been closed, declare any surplus or deficit to the relevant treasury. The treasury may correspondingly reduce any proposed allocation to the trading entity, or require that all or part of the surplus be redeposited into the relevant revenue fund.

 

Treatment of deficit

 

Where a trading entity suffers a deficit in trading, the relevant accounting officer must investigate whether:

The head of the trading entity mentioned any foreseeable potential overexpenditure in the monthly reports and adopted appropriate measures to address the deficit
Financial misconduct and criminal sanctions should be instituted

 

Oversight of public entities

 

The Board of a public entity will hold the fiduciary responsibility for the entity and will be accountable to the Director-General of the department, who will report to the executive authority.

 

Additional reporting requirements

 

The accounting officer of a department that controls a public entity is required to consider its budget proposals from 2001/02. Additional requirements for monitoring the performance of such entities during the year include specified information for the annual report. In future, annual plans are to be approved by the relevant executive authority.

 

A department controlling any public entities must include in its annual report a list of such entities, a statement of their functions, as well as the accountability arrangements.

 

Commissions and Committees of Inquiry

 

Taking into account market-related rates, the accounting officer can determine remuneration packages in consultation with the executive authority and after consulting the relevant treasury, provided that:

The terms of reference include specific times and costs
The tariffs are reasonable compared to current market tariffs
Funds are available

 

Gifts, donations and sponsorships

 

To record and control gifts (which includes donations and sponsorships) granted and received by the state, accounting officers must maintain a register of the date, persons involved, detailed descriptions and approvals given (if applicable), and the location or the application of the proceeds. Other requirements include:

Granting: The relevant treasury may approve the granting of gifts of state money and other movable property in the interest of the state provided that, should the amount exceed R100 000, funds must first be voted by the legislature.
Acceptance: The accounting officer may approve the acceptance of any gift to the state, whether in cash or kind. All cash gifts must be paid into the relevant revenue fund.
Purpose: Should the purpose of a gift be unclear, the Minister or the MEC for finance may decide how it should be utilised.
Disclosure: All gifts received during the financial year must be disclosed as a note to the annual financial statements of the department.
RDP funds: Donor funding received in terms of the Reconstruction and Development Fund Act of 1994 must be dealt with as determined by the national Treasury from time to time.
Immovable property: Before offering or accepting any gift of immovable property, a department must obtain approval from the relevant treasury, stating the reasons for and the conditions related to the gift.
Identity of donors and sponsors: When a donor or sponsor requests to remain anonymous, the accounting officer must submit to the relevant treasury a certificate from both the Public Protector and the Auditor-General stating that the identity of the donor or sponsor has been revealed to them, that they have noted it and have no objection. This does not limit the Auditor-General or the Public Protector from supplying this information to their staff and, where they deem it in the public interest, to report on this.

 

Payments, refunds and remissions as an act of grace

 

An act of grace payment is a special gift of money by the state for a ‘grace or favour’. Such a payment falls outside any statutory entitlement, government-approved scheme (such as a grant-in-aid) or payment of a legal liability (e.g. a settlement).

 

An act of grace payment is often a way of providing compensation to an unfairly disadvantaged individual who has no legal claim against the state. However, should the possibility of such a claim exist, no act of grace payment should be made. As each act of grace payment sets a precedent for future requests, accounting officers must exercise this power with discretion.

 

If more than R100 000 is involved, the accounting officer must seek legislative approval by including the item separately in the estimates.

 

Departments and trading entities should maintain a suitable register of act of grace payments and disclose these as a note to the annual financial statements.