Appropriation Act

Link to law: http://www.gov.za/documents/appropriation-act-16
Published: 2011-07-14

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Appropriation Act 11 of 2011
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions.
This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages.


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 553 Cape Town 14 July 2011 No. 34461
THE PRESIDENCY No. 582 14 July 2011
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 11 of 2011: Appropriation Act, 2011.

2 No. 34461
Act No. ll oflOJI
GOVERNMENT GAZETTE, 14 JULY 2011
(English text signed by the President) (Assented to 13 July 20 II)
ACT
Appropriation Act, 20 II
To appropriate money from the National Revenue Fund for the requirements ofthe State for the 2011112 financial year; and to provide for subordinate matters incidental thereto.
PREAMBLE
WHEREAS section 213(2) of the Constitution of the Republic of South Africa, 1996, provides that money may be withdrawn from the National Revenue Fund only in terms of an appropriation by an Act of Parliament;
AND WHEREAS section 26 of the Public Finance Management Act, 1999 (Act No. I of 1999), provides that Parliament must appropriate money for each financial year for the requirements of the State,
B E IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:- Definitions
1. In this Act, unless the context indicates otherwise, any meaning ascribed to a word or expression in section 1 of the Public Finance Management Act must bear the meaning 5 so ascribed, and-
"conditional grants" means conditional allocations to provinces, local govern- ment or municipalities from the national government's share of revenue raised nationally, which are provided for and whose purpose is specified in the annual Division of Revenue Act referred to in section 214(1 )(c) of the Constitution of the 10 Republic of South Africa, 1996; "current payments" means any payment made by a department classified as or deemed to be a current payment in terms of the Guidelines for Implementing the Economic Reporting Fonnat (September 2009), issued by the National Treasury under section 76 of the Public Finance Management Act; 15 "payments for capital assets" means any payment made by a department classified as or deemed to be a payment for capital assets in terms of the Guidelines for Implementing the Economic Reporting Format (September 2009) and the Asset Management Framework (April 2004, Version 3.3), issued by the National Treasury under section 76 of the Public Finance Management Act; 20 "payments for financial assets" means any payment made by a department classified as or deemed to be a payment for financial assets in terms of the Guidelines for Implementing the Economic Reporting Fonnat (September 2009), issued by the National Treasury under section 76 of the Public Finance Management Act; 25 "Public Finance Management Act" means the Public Finance Management Act, 1999 (Act No. I of 1999); '~transfers and subsidies" means any payment made by a department classified as or deemed to be a transfer or subsidy payment in terms of the Guidelines for Implementing the Economic Reporting Format (September 2009), issued by the 30 National Treasury under section 76 of the Public Finance Management Act.

• .•
4 No. 34461 GOVERNMENT GAZETTE, 14 JULY 2011
Act No. 11 of lOll Appropriation Act, 20 II
Appropriation of money for requirements of State
2. (I) Appropriations by Parliament of money from the National Revenue Fund for the requirements of the State in the 2011/12 financial year to votes and main divisions within a vote and for the specific listed purposes, are set out in Schedule 2.
(2) The spending of appropriations contemplated in subsection (I) is subject to the 5 provisions of this Act and the Public Finance Management Act.
(3) The spending of funds withdrawn from the National Revenue Fund before this Act has been passed by Parliament, as contemplated in section 29 of the Public Finance Management Act-
( a) must be done in accordance with the requirements of section 29(2) of the 10 Public Finance Management Act; and
(b) must be recorded and accounted for in accordance with the votes and main divisions within a vote set out in Schedule 2; and
(c) are subject to regulations made or instructions issued by the National Treasury in terms of section 76 of the Public Finance Management Act. 15
Appropriation listed as specifically and exclusively appropriated
3. An appropriation to a vote or main division within a vote that is listed as specifically and exclusively appropriated in Schedule 2 may only be utilised for the purpose indicated, unless an Act of Parliament amends or changes the purpose for which it was allocated. 20
Conditional expenditure
4. (I) The Minister may- ( a) impose conditions in respect of an appropriation listed as specifically and
exclusively appropriated in Schedule 2 or in respect of transfers and subsidies, in order to promote and enforce transparency and effective management in 25 respect of revenue, expenditure, assets and liabilities of departments, public entities and constitutional institutions in terms of section 6( I)( g) of the Public Finance Management Act; and
(b) stop any allocation in tenns of such appropriation until any condition imposed by the Minister is met. 30
(2) An amount stopped in terms of subsection ( l)(b) must be included in the National Treasury's next report in terms of section 32(1) of the Public Finance Management Act, and must be reported to both the Standing and Select Committees on Appropriations.
Utilisation of saving
5. (I) Notwithstanding section 43(4)(b) and (c) of the Public Finance Management 35 Act, the National Treasury may, in order to expedite service delivery, approve the utilisation of a saving in-
( a) an amount appropriated for transfer to another organ of state or to an organisation or body outside of government, provided that the expenditure will be utilised for the same purpose as that of the main division within the 40 vote in which it was originally appropriated;
(b) an amount appropriated for payments for capital assets, if the saving is to be utilised in the same vote for other categories of expenditure, other than for the compensation of employees.
(2) The approval of the utilisation of savings in terms of subsection (I) must be 45 reported in the next quarterly expenditure report to both the Standing and Select Committees on Appropriations.
6 No. 34461 GOVERNMENT GAZETTE, 14 JULY 20 II
Act No. ll of 2011 Appropriation Act, 2011
Authorisation of expenditure
6. (I) Despite any contrary provision contained in any other law, the Minister may approve, before an Adjustments Appropriation Bill is passed, expenditure which cannot reasonably be delayed without negatively affecting service delivery, provided that such expenditure qualifies for inclusion in an Adjustments Appropriation Bill in terms of 5 section 30(2) of the Public Finance Management Act, and provided further that the expenditure-
( a) is unforeseeable and unavoidable, and delaying the disbursement of funds would negatively impact service delivery;
(b) was announced by the Minister during the tabling of the annual budget, and 10 the disbursement of funds is required for the implementation of projects announced; or
(c) was approved in the previous year's appropriation and is to be rolled over to the 2011112 financial year to finalise expenditure which could not take place in the 2010111 financial year as originally planned. 15
(2) Expenditure approved in terms of- ( a) subsection (I)(a) and (c) may not exceed the total amount set aside as a
contingency reserve for the financial year in the national annual budget; and (b) subsection (I)(b) may not exceed the relevant amount announced by the
Minister during the tabling of the annual budget. 20 (3) Expenditure approved in terms of subsection (I)-
(a) is a direct charge against the National Revenue Fund; (b) may be made subject to conditions set by the Minister; (c) must be reported in the next quarterly expenditure report to both the Standing
and Select Committees on Appropriations; 25 (d) must be appropriated in the Adjustments Appropriation Bill or other
appropriation legislation for the 2011112 financial year.
Allocations for and expenditure by departments whose allocations are included in same budget vote
7. (I) The votes listed in column I of Schedule I contain the allocations for the 30 departments listed in column 2.
(2) The accounting officers of the departments listed in column 2 of Schedule I whose allocations are included within the same budget vote listed in column I, must enter into an agreement to the satisfaction of the National Treasury with regard to the accountability for expenditure, approval of expenditure and the allocation of responsi- 35 bilities in terms of the Public Finance Management Act.
(3) An agreement from the previous financial year that complies with subsection (2) shall continue in force, and the accounting officers of the departments must continue to abide by that agreement, and need not enter into a new agreement.
(4) Should an agreement referred to in subsection (2) not be entered into by 31 July 40 20 II, the accounting officer of the department listed first in column 2 of Schedule I in relation to that particular budget vote, must be the accounting officer in respect of all expenditure in relation to that budget vote.
Regulations
8. The Minister may, by notice in the Gazette, make regulations regarding- 45 (a) anything which may be prescribed in terms of this Act; and (b) any ancillary or incidental administrative or procedural matter that it is
necessary to prescribe for the proper implementation or administration of this Act.
Short title 50
9. This Act is called the Appropriation Act, 20 II.
8 No. 34461 GOVERNMENT GAZETTE, 14 JULY 201 I
Act No. 11 of2011 Appropriation Act, 201 I
Schedule 1
Column 1: Budget Vote Column 2: Department Vote 3: Cooperative Governance Department of Cooperative Governance and Traditional Affairs
Department of Traditional Affairs Vote 12: Public Service and Department of Public Service and Administra- Administration tion
Public Administration Leadership and Manage- ment Academy
Vote 22: Defence and Military Department of Defence Veterans
Department of Military Veterans
10 No. 34461 GOVERNMENT GAZETTE, 14 JULY 2011
Act No. II of2011 Appropriation Act, 20 II
SCHEDULE 2
Transfers and Paymen~~ Payments Vote Current Payments Subsidies for Caprtal foe
Compensation Goods and Assets Financial of Erll)lovees SeNrces Other Asse\$
R'OOO R'OOO R'ODO R'OOO R'OOO R'OOO R'OOO
1 The Presidency 814 983 232 623 180 069 387 823 14 468 A1111: Facilitate a comm mana!}f>trnJnt, policy formulation. momtoring and evaluation, and informa~·an, communicatiOn and business technologies.
12 No.l4461 GOVERNMENT GAZETTE, 14 JULY 2011
Act No.ll of lOll Appropriation Act, 20 II
Transfers and Paymen~~ Payments vo~ Current Pavments Subsidies for Capital '" Compensation Goods and Assets Financ1al
of Em tovees Services Other Assets R'OOO R'OOO R'OOO R'OOO R'OOO R'OOO R'OOO
3 Governance and Intergovernmental Retabons 34 21 SB70 19490 12347 34182 033 Improve vertiCal end noraontel coordination and a/Jgnm~tnl betwMn th& three spheres of govemm~tnl. Promote pu/)/ic partiCipation m govsmance through regulatory mechanisms Provide oversrght, intervention and support programmes to provinces, municipalitles end associated institutions
Of which Departmental agencies and accounts - South Alrrcan Local Government Association ContriDution to
opera~ons 25486 - Municipal Demarcation Board- Contribu~on to operations 38 482 Municl{lal bank accounts . - local Government Equ1table Share 34 107 901 Non-proftt institutions - South Afr1can Cities NetworK: Contnbution to operallons 5 282 - United C1ties and local Government of Africa: Contnbubon to
operations 4 882
4 Disaster Response Management 821 172 18473 24 555 775 000 3 "' Promote an integrated and coordinated system of disaster fisk management with
spfiCial emphasis on prevention. mitigatiOn ana preparedness by nat10nal, provincial ana municipal organs of state. statutory functionaries and other role players mvolved in disaster n'sk management and communities
Of which C
6 Corporate Relations 414 705 342 4B4 71027 280 604 300 Provide staltshcal mformation to support poliGy makers. Manage stakeholders and mteract with mtemat1onal statistical agenc~es Provide effective commumcatlon ac/!Vilies_
7 Survey Operat1ons 1 822 898 569 757 1 233 494 20 19 627 Provide collection and processing support to produce official statistics
14 Arts and Cufture 2468 577 164 804 226 096 2 069 271 6406 Am: Develop and preserve South African arts and culture to ensure soc1a/ cohesion and
nation buildmg
1 Administration 178 757 59 729 115 532 3 496 Provide leadershtp. management and support functions of the department
. ' ' ' ~' ' Spr'elopment Corporation of South Afnca Capitalisation of the
Agro-Processmg CompetiUveness Fund 34 000 - Khuta Enterprise Finance Lim1ted
- Contribution to operations 33 912 - Contnbubon ta capital operations 40000 - 01recl lending pilot project 55 000
4 Economic Development and Dialogue 16 284 10 617 5 467 Pmroote socoel dialogue, implement strategic frameworks, build capacity 11mong social partners, and promote productivity, entrepreneurship and innovatiOn in the workplace
29 Energy 6 089 902 181 718 116470 5 784 884 7 830 A1m· Formulate overall energy policies and oversee thelf ompkmJentetion to ensure
access to artordab!fJ and reliable energy for all South Afncans Promote environmenta!ly frier1dly energy carriers.
1 Administration 167 471 61 712 77 560 349 7 830 Provide strategiC support and management services to /he m1!Jistry and the df!partment
. Speelflcallv and E>.clua•velv Appropr1atad
46 No. 34461 GOVERNMENT GAZETTE, 14 JULY 2011
Act No. It of2011 Appropriation Act, 2011
Transfers and Payments Payments Vote current Payment!> Subsidies for Capital '" Compensation Goods and Assets Financial
of Emo\ovees SeiVices Other Assets R'OOO R'OOO R'OOO R'OOO R'OOO R'OOO R'OOO
2 Energy Policy and Planmng 1 546 956 30 355 16 603 1 500 000 Provide integrated energy planning to promote the sustsinab/e use of energy rewurces through Bfl6rgy research and through the development of appropriate policies and regulations that promota the efficient vse of petrolevm products. coal, gas, renewablfl energy end eleclnclty sources
Of whiCh Public corparat1011s - Transnet: Construction of petroleum pipelines 1 500 000
3 Energy Regutal10n 554 697 47 232 10487 496 976 Regulate and pravide enforcement in the energy sector. deve!CJp specifications, standard~; and conditKm:s for ~troleum product:s; en:suro the security of liquid fuels, and facilitate the Jmp}ementation of reoowabJe energy tecl'mologl6s and clean energy development.
Of which Conditional grant to local government - ElectriCity Demamd Side Management Programme Grant 280 000 Departmental agencies and accounts - South African National Energy Development Institute
- Contribution to operations 20 100 - Woriung for Energy project 25 000
- Electncity D1stribubon Industry Holdings Company: Contribution to operations 11 758
Private enterprises - Renewable Energy Subs1dy Scheme: Subs1d1es for renewable
energy projects 41320 Public corporations - Nat1onal Energy Efficiency o.nd Demand Side Management Grant
Conditional grant to Eskom 118 800
4 Nabonal Eleclrifn;;ation Programme 3 207 555 14965 5305 3 187 285 Oversee the p/ilnning, funding and lfTlp/ementation of the mtegrated natJonal electrtricet1on programme to ensure universfll access ta electriCJty end an effective end eff~~;1ent &lec/ricity distribution mdustry capable af providing affordable electricity to consumers.
Of which Conditional grant to local government - Integrated National Electnfication Programme Grant 1 096 612 Private enterprises - Integrated National Electrifrc.allon Programme Non-gnd electrification
serv1ce provu1ers 70 861 - Local Organising Committee 2010 World Cup Generators
and electrical connections 282 000 Public corporations - Eskom- Integrated Nat1onal Electrification Programme Electncity
connect1ons to households 1 737 812
5 Nuclear Energy and Regulation 613 221 7454 5 495 600 272 Menage the South Afncan nuclear mdustry end ensure overall control of source end special nuclear materials in temJs of nuclear leg1sla/10n. Menage nuclear :safety, technology. non-proliferation and radiation security as requirod by legislation and intemat10nal agreements. and provide oversight of statutory bod~es &nel organisations m the nuclear mdustry
Ofwh1ch Departmental agencies and accounts - Nallonal Nuclear Regulator
~ Contributron to operallons 470 - Contribution to cap1tal operations 13 768
Public corporatkms - South African Nuclear Energy Corporation Limited
- ContntJUtion to operations 481 506 - Contnbut,on to capital opera11ons 10 207 - Decommissioning and decontamm01t10n pro}Elcts
- Contribution to operations 2 058 - Contribution to cap1tal operations 70029
- South African Fundamental Atomic Research Installation reactor conversion 12 707
- Convers1on and maintenance of the South Afncan Fundamental Atomic Research Installation's nuclear reactor fuel 9 527
30 Environmental Affairs 2 846 063 405158 713 922 1 218 976 508 007 Aim- Lead South Africa's enwonmental sector to ach1eve sustaineble development
towards a better quality of life for all_
1 Adrrnnistralion 260 815 110 732 158 540 1544 ProVJde strategiC leadersl'lip. cr:mtral!sed admmlstrat!Or~ ar~d executive support and corporate seMces
2 Environmental Quality and Protect1on 330 661 94 959 59 514 175 573 615 Protect and improve the qua/1ty and safety of the environment to g1ve effect to the right of all South Africans to iln enVIronment that is not hilrmful to health and wellbemg
Ofwh1ch Departmental agencies and accounts - South African Weather Serv1ce_ Contribution to operat1ons 138 205 Non-profit msti/u(Jons - Buyisa-e-Bag. Contribution to operations 35 000 .
48 No. 34461 GOVERNMENT GAZETTE, 14 JULY 2011
Act No. II of2011 Appropriation Act, 2011
Transfers and Payments Pay men~ Vote current Pavme11ts Subsidies for Capital '" Compensation Goods and Assets Fmancial
of Emolovees Services Other Assets R'OOO R'OOO R'OOO R'OOO R'OOO R'OOO R'OOO
3 Oceans and Coasts 723 279 73 232 144 670 505 377 Ensure the/ government, ltldustry and the public lif9 informed, supported, and regulated to act respons1bly to COIIserve the ocean end coastal environment as wall as to honour South Africa's local and global obligations
Of which
- Antarctic Supply Vessel Replacement of the research vessel 501 476
4 Climate Change 223 232 12 488 210 744 Promote, coordinate and manage an effective natrona/ mitigatiOn and adaptation respor~se to climate change
OfwhiC/1 - United Nations Conference on Climate Change Hosting of the 17th
Conferen~ of Parties 200 000
5 Biochversity and Conservation 430 441 33 800 45809 350 627 205 Promote the conservation and sustainable use of natural resources to contribute to economic growth and poverty allevMJiron
Of which Departmental agencies and accounts - iSimangaliso Wetland Pari\ Authonty: Contribution to opera\u;>ns 25 847 - South Afr1can National 81od1versity Institute: Contribution to operations 164 087 - South African National Parks
- ContributiOn to operations 137 372 - Infrastructure projects 19118
6 Sector Services, Coordination and Information Management and International 857 634 79 947 84645 692 776 266 Relations
Create conditions for effective corporate and cooperative govamance, intemab