Appropriation Act 16 of 2009
REPUBLIC OF SOUTH AFRICA
Vol. 529 Cape Town 30 July 2009 No. 32461
THE PRESIDENCY No. 809 30 July 2009
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 16 of 2009: Appropriation Act, 2009.
2 No. 32461
Act No. 16, 2009
GOVERNMENT GAZETTE, 30 JULY 2009
APPROPRIATION ACT, 2009
(English text signed by the President.) (Assented to 28 July 2009.)
ACT To provide for the appropriation of money from the National Revenue Fund for the requirements of the State in the 2009/10 financial year; and to provide for matters incidental thereto.
WHEREAS section 213(2) of the Constitution of the Republic of South Africa, 1996, provides that money may be withdrawn from the National Revenue Fund only in terms of an appropriation by an Act of Parliament;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. 1 of 1999), provides that Parliament must appropriate money for each financial year for the requirements of the State,
E IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:—
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, contemplated in section 214(1 )(c) of the Constitution of the Republic of South Africa, 1996; 10 "current payments" means any payment made by a national department in respect of the operational requirements of that department, and includes payments for the compensation of employees, goods and services, interest, rental of immovable property and financial transactions relating to assets and liabilities, but excludes transfers and subsidies, payments for capital assets and payments made 15 under section 73 of the Public Finance Management Act; "payments for capital assets" means any payment made by a national department— (a) for an asset that can be used continuously or repeatedly in production for more
than one year and which is expected to have future economic benefits or 20 service potential for the national department making the payment; and
(b) that must be classified as or deemed to be a payment for capital assets in accordance with the Reference Guide to the New Economic Reporting Format (November 2003, Version 2) and the Asset Management Framework (April 2004, Version 3.3), issued by the National Treasury under section 76 of the 25 Public Finance Management Act;
"Public Finance Management Act" means the Public Finance Management Act, 1999 (Act No. 1 of 1999);
N o - 3 2 4 6 1 GOVERNMENT GAZETTE, 30 JULY 2009
Act No. 16, 2009 APPROPRIATION ACT, 2009
"transfers and subsidies" means any payment made by a national department to another organ of state or to a person or organisation outside government in respect of which the national department does not receive a direct benefit of similar value in return, and includes the payment of conditional grants.
Appropriation of money for requirements of State 5
2. (1) Appropriations by Parliament of money from the National Revenue Fund for the requirements of the State in the 2009/10 financial year, to votes and main divisions within a vote and for the specific listed purposes, are set out in the Schedule.
(2) The spending of appropriations contemplated in subsection (1) is subject to the 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, must be recorded and accounted for in accordance with the votes and main divisions within a vote and for the specific listed purposes set out in the Schedule, and is subject to the conditions imposed by the National Treasury in terms of the Public Finance Management Act.
3. (1) The Minister may— (a) impose conditions in respect of an appropriation listed as specifically and
exclusively appropriated in the Schedule, in order to promote and enforce 20 transparency and effective management in respect of revenue, expenditure, assets and liabilities of departments, public entities and constitutional institutions contemplated in section 6(\)(g) of the Public Finance Manage- ment Act; and
(b) stop any allocation in terms of such appropriation until any condition imposed 25 by the Minister is met.
(2) An amount stopped in terms of subsection (\)