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State Information Technology Agency Act, 1998 (Act No. 88 of 1998)

Chapter 5 : Financial Matters

16. Funding of Agency

 

(1) The Agency is funded from monies received for services rendered that are stipulated in the service level agreements referred in section 20.

[Subsection (1) substituted by section 9(a) of Act No. 38 of 2002]

 

(2) The Minister must—
(a) after consultation with all executing authorities; and
(b) subject to the approval of the Minister of Finance,

determine from time to time reasonably market-related rates for establishing the cost of a service or product contemplated in section 7(1) and (5)(c).

[Subsection (2) substituted by section 9(a) of Act No. 38 of 2002]

 

(3) The Agency will focus on generating maximum efficiency and cost-effectiveness for the State and the Board will recommend to the Minister on the basis of a strategic plan what excess funds will be retained by the Agency and for which purpose.

 

(4) [Subsection (4) deleted by section 9(b) of Act No. 38 of 2002]

 

(5) Payment for services provided by the Agency to a department or public body will be made according to the stipulations of the business agreement between the parties.

[Subsection (5) substituted by section 9(c) of Act No. 38 of 2002]

 

(6)

(a) Any special funding required or other special financial arrangement, including any government grants, may be negotiated by the Agency with the Minister, the  Minister of Finance and any other interested party.
(b) The subsequent agreement will include all conditions to be met relating to such an arrangement.

 

(7)

(a) The Agency may, with the approval of the Minister, accept donations and bequests.
(b) Particulars of each donation or bequest accepted by the Agency must be given in the annual report of the Agency.

 

(8) The Department of Public Service and Administration will be responsible for all transfer payments to the Agency approved by the National Treasury.

[Subsection (8) substituted by section 9(d) of Act No. 38 of 2002]

 

(9) An auditor appointed by the Board in terms of section 58 of the Public Finance Management Act, 1999 (Act No. 1 of 1999), must audit annually the accounts, financial statements and financial management of the Agency and each of its subsidiaries.

[Subsection (9) substituted by section 9(e) of Act No. 38 of 2002]