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Post Office Re-adjustment Act


Published: 1968-06-26

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Post Office Re-adjustment Act 67 of 1968
EXTRAORDINARY BUITENGEWONE
REPUBLIC OF SOUTH AFRICA
GOVER~ENT GAZETTE
STAATSKOERANT VAN DIE REPUBLIEK VAN SUID-AFRIKA
. Re~istered at the Post Office as a Newspaper As 'n Nuusblad by die Poskantool' Gereghti'UT
Price lOc . Prys ·. Overseas . l5c Oorsee
POST FREE-POSVRY
CAPE TOWN, 26m JUNE, 1968. Vol. 36.] [No. 2107.
KAAPSTAD, 26 JUNIE 1968.
DEPARTMENT OF THE PRIME MINISTER. DEPARTEMENT VAN DIE EERSTE MINISTER.
No. 1120.] [26th June, 1968. No. 1120.] [26 Junie 1968.
It is hereby notified that the State President has assented to the following Acts which are hereby published for general information. ·
PAGE No. 58 of 1968: Community Development Amend-
ment Act, 1968 . . 3 No. 59 of 1968: Marketing Act, 1968 . . . . . . 9 No. 61 of 1968: Standards Amendment Act, 1968 . . 93 No. 62 of 1968: Companies Amendment Act, 1968 . . 95 No. 64 of 1968: Building Societies Amendment Act,
1968 . . 99 No. 65 of 1968: Financial Institutions Amendment
Act, 1968 .. .. 113 No. 67 of 1968: Post Office Re-adjustment Act, 1968 129
Hierby word bekend gemaak dat die Staatspresident sy goedkeuring geheg het aan die onderstaande Wette wat hierby ter algemene inligting gepubliseer word.
BLADSY No. 58 van 1968: Wysigingswet op Gemeenskapsont-
wikkeling, 1968 . . 4 No. 59 van 1968: Bemarkingswet, 1968 10 No. 61 van 1968: Wysigingswet op Standaarde, 1968 94 No. 62 van 1968: Wysigingswet op Maatskappye, 1968 96 No. 64 van 1968: Wysigingswet op Bouverenigings,
1968 .. • • 100 No. 65 van 1968: Wysigingswet op Finansiele lnstel-
lings, 1968 . . 114 No. 67 van 1968: Poskantoor-herrel!lingswet, 1968 .• 130
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 GAZBTIE EXTRAORDINARY, 26m JUNE,' 1968 No. 2107 129
No. 67, 1968.]
To provide for the administration of the affairs of the Department of Posts and Telegraphs on business principles, for a fund into which all revenues and out of which all expenditure of that Department shall be paid,· and for a staff board for that Department; to amend certain laws in connection therewith, and to provide for matters incidental . thereto. .
(Afrikaans text signed by the State President.) (Assented to 11th June, 1968~)
BE IT ENACTED bythe State President, the Senate and the . House of Assembly of the Republic of South Africa, as follows:"- ·
i ',.
1. In this Act, unless the context otherwise indicates- Definitions. (i) "board, means the Post Office .Staff Board referred
to in section 7; (iv) (ii) "department" means the Department of Posts and
Telegraphs and, in sections 7 to 12 inclusive, includes that branch of the Administration of South~West Africa which is ' charged with the administration,· management and operation of postal, telegraph and telephone services; (i)
(iii) "fund" means the Post Office Fund estabUshed by section 3 ( 1) ; (ii) ·
(iv) "Minister" means the Minister of Posts and Tel~ graphs; (iii) . ·
(v) "Public Service Act .. , means the Public Service Act, 1957 (Act No. 54 of 1957), and in sections 9, 10 and 12, that Act as construed in terms of section 11. (v)
2. (1) The affairs of the department shall be administered 'Affairs of the . · on business principles, due regard being had to the promotion, ddepa_I't!nteentdto be b f ffi . I d 1 . . . . f a IIllll1li n: oo y means o. e c1ent posta .an te ~ommumcatlon services, !> businessprinciples. commerce, mdustry and agnculture m all parts of the Republic, · and to the promotion of the Republic's foreign trade.
(2) As far as possible, the total earnings or'the department shall be not more than is sufficient to meet the necessary out- 'lays for capital expenditure out of revenue, the repayment of . loans and the payment of interest on ·loans, operation, main~ · tenance, replacement, bettennent and depreciation and, sub~ ject to the provisions of section S, to meet· any other financial liability imposed on the department b}_' law.
3. (1) There is hereby established a fund, to be known as the Post Office Fund. Post Office Fund, into which shall be paid all revenues which . . are or have been raised or received frOm the affairs of the :~ · · · · ·.
· department on or after the 1st April,l968, and the said fund shall be appropriated by Parliament for the purposes of the · department in the manner prescribed by. this Act.
(2) Notwithstanding anything to the contrary in this Act or any other law- ·
GOVERNMENT .GAZETIE EXTRAORDINARY, 26TH JUNE, 1968 No •. 2107 131
· (a) an amount of twenty-one . million rand shall be paid ·from the Consolidated Revemie Fund into the fund as soon as possible after the commencement ~f this Act;
(b) the difference between that amount and the amount ·· of the nett profit of the department during the financial
· · · · year ended on the 31st March, 1968, calculated on a basis determined by the Minister of Finance in con- sultation with the Minister, · shall not later than the 31st March, 1969- · (i) be · paid from the Consolidated Re~enue Fund·
. .. , . into the fund, if the amount of profit so calculated is more thim twenty-one million rand;
(ii) be paid from the fund. into the Consolidated Revenue Fund, · if the amount of profit so calcu- lated is less than twenty-one million rand; and
(c) an adjustment shall be made between the fund and the , .. , Consolidated Revenue Fund in respect of such amount
as the Minister of Finance~ in. consultation with the · Minister, may determine as the difference between the amount. of the revenues due to the fund in terms of r· · subsection (1) in respect of the period from the 1st April, .1968, to the date of commencement of this Act, and the amount of the expenditure · incurred as a charge on the Consolidated Revenue Fund· by or on
: behalf of the department during that period. . • l ! · ' - .
4. · (1) Subject to the provisions of the Exchequer and Audit Withdrawal of Act, 1956 (Act No. 23 of 1956), no money shall be withdrawn money from the . from the fund, except under appropriation made by law. · fund. · ·
(2) Any · appr~priation. chargeable to the . Cons~lidated ·Revenue Fund in· any Appropriation Act in respect . of the financial year ending on the 31st March, 1969, shall be 'deemed to be an appropriation chargeable to the fund, in so far as it is an appropriation for or on behalf of the department. . · · ·
· 5. (1) If the department is required by the State President Mak~ng_good of or under an Act of Parliament or resolution of the Senate and ~eficlts ~n the fund f th H f A bl 'd .. &". •1. 1n certam o e ouse o . ssem y to provt e any servtce or tact tty circumstances.' ·
. either gratuitously or at a tariff which is insufficient to meet the costs involved in the provision of such service or facility, the Minister shall as soon as practicable after the end of each financial year present to Parliament an account approved by the Minister of Finance, showing, as nearly as can be ascertained, the amount of the loss incurred by reason of the provision of such service or facility, and that amount shall be paid out of the Con- solidated Revenue Fund into the fund.
(2) . In the calculation of the loss arismg from. the operation . of such service or facility, regard shall be had to the value of any contributions to revenues from 'other services and facilities of the ·department, which may be due to the operation. of such service or facility. ·
6. (1) Compensation for services provided on or after the Co~pensatio? for 1St April 1968 by the department to or ori behalf of any other services provtded · . • . • . by the department State department, or by any other State· department to or on to other State .. behalf of the department; shall be paid on a basis agreed upon departments. and . from time to time by the Minister and the Minister of Finance, by other State · or the Minister of Transport, or the Administrator of the departments to the
. d d d' h h h . department. . . . . provmce conceme , epen mg on w et er -t e compensatiOn · · · ts to be paid out of or into the Consolidated Revenue ·Fund, the Railway and Harbour Fund, or a provi~cial revenue fund. •
(2) Payni.ent of such compensation for services provided during any financial year shall, unless it is otherwise agreed upon under subsection (1), . be by way of instalments paid monthly during the financial year . in question and as far as possible equal to one-twelfth of the total compensation esti- mated in respect of that financial year by the department which provides the services in question, · and as :soon as practicable
-after the end of the financial year in ·que~tion an adjus~ent
GOVERNMENT GAZETTE EXTRAORDINARY, 26TH JUNE, 1968 No. 2107 133
between the fund and the. Consolidated Revenue Fund, or the Railway and· Harbour Fund, or the relevant provincial revenue fund, as the case may . be, shall be made in respect of the dif- ference between the total amount paid by way of such instal- ments in that financial year and the compensation actually due in respect of that financial year. . , : . .
7.: (1) There shall be a board to be known as the Post Office Instit!lti~n and . · Staff Board which shall consist of three members. . , constitution of tho
·,: (2) The State President shall appoint the members of the board from among officers in the department, and in making any such appointment the State President shall have due regard to inter alta the knowledge. of and experience in public and financial administration generally and the administration of the department in particular, of the officers to be appointed.
. . (3) The State President shall designate one member as chair-
man of the board.: ·
( 4) Whenever the chairman is absent, the State President shall designate another member or an officer designated under subsection (5) to act as chairman· of the board during the absence of the chairman. · ·
(5) Whenever a member other than the chairman is absent or acts as chairman under a designation in terms of subsection ( 4), the State President may designate an officer in the department to act as member of the board during the absence of such other member or of the chairman, as the case may be. '
board. . · ~
8. (1) S~bject to the provisions of subsections (6), (7), (8) and Period of ~ffice, ~ (9); a member of the board shall hold office for such period, not ~he~n~~!fi~~: · exceeding five years, as the State President may in each case of service of . .. · · · determine; and shall be eligible for re-appointment on the ex- members of tlic · · piration of his period of office. · · · . board. . . :
(2) The State President shall fix the salaries payable to the chairman and the other members of the board respectively, and a salary so fixed shall not be reduced during the period o office of the chairman or such other member except by Act o Parliament.· · · · · · · · . . ·
(3) A member of the board shall be paid such cost-of-living, re-imbursive and other allowances, bonuses and gratuities and be granted such privileges in respect of leave of absence, transfer and transportation as would have been paid or granted to him had he been an officer in the public service.
(4) A member of the board shall not without the permission o the State President perform or engage himself to perform any . remunerative work outside the duties ofhis office. ·
(5) A member of the board shall not be suspended or removed from office·· except in accordance with the provisions of· sub.: sections (6), (7) and (8).
(6) (a) The State President may suspend a niemb~r of the board and, subject to the provisions of this sub- section, remove him from office-
(i) for misconduct;
(ii) for unfitness for the duties of his office or incapa- city to carry out the duties of his office efficiently; or
(iii) if his removal from office, for reasons other than his 'own unfitness or incapacity, will promote efficiency or economy.
· (b) Every suspension of a member of the board, and the reason therefor, shall be communicated by message to the Senate and to the House of Assembly within four- teen days.after the suspension, if Parliament is then in ordinary session, or, if Parliament is not then in
GOVERNMENT GAZETTE EXTRAORDINARY, 26TH JUNE, .1968 No. 2107 135
ordinary session, within fourteen days after the com- mencement of its next ensuing ordinary session.
•(c) If, within twenty-one days after the date on which the said suspension and the reason therefor. have been so communicated to the Senate and to the House of Assembly, the State President- is presented with an address from the Senate and from the House of Assem- bly praying for the removal of the member concerned from office and stating the reason for such removal, the State President may remove him accordingly.
(d) If no such address is presented to the State President within the period· mentioned in paragraph (c), the ·member concerned shall be restored to office.
(7) (a) .If a member of the board bec~mes afflicted with a pernument infirmity of mind or body, . which ·.disables
, him from properly discharging · the duties of his office, the State President may..:..... . . · . . . · ·
(i) allow such member to vacate his office; or . (ii) ·subject to the provisions of subsection (6), remove
. ·· him from office on the ground of incapacity. (b) If a member vacates his office in terms of paragraph (a)
: . .; •(i), he shall be deemed to have retired onthe ground of ill-health, and · shall be entitled to such pension as he would, under the pension law applicable to him, have
. been entitled to if he had been discharged from the public service on the ground of ill~ health: occasioned with or without his own default; as the State President may direct. ·
(8) A member' of the board shall vacate his office and shall retire on attaining the age of sixty-five years: Provided that a member, who attains the said age in any month of the year after the first day of the month in question, shall be deemed to· attairi that age on the first day of the next succeeding month. ·
(9) (a) The period of service. of a member as such member shall be reckoned as part of and . continuous· with his employment in the public service for purposes of leave and pension, and the provisions of any pension law which would have been applicable to him or, in
. the event of his death, to his dependants, if he had re-
. mained an officer in the public service, and which are not in conflict with this section, shall mutatis mutandis
. continue to apply. · ·
(b) Such member shall have the _same right. to vacate his · · office and to retire as he would have had on the attain-
ment of an age prescribed by the Public Service Act or . any other law, or on.any subsequent date on which he desires to do so; had he remained in the public service.
(10) A member of the board who, at the expiration of his period of office as such member-
( a) is not re-appointed as a member of the board;"arid (b) has not reached the age at which he would hitve had the
right to retire and should have been retired in terms of section )4 (1) or (2) of the Public Service Act, had he ·
. . remained an officer in the public service, . shall have the right to retire, or may be required by the State President to retire, and if such member so retires or is so requited to retire, he shall be entitled to such pension as he would liave been entitled to under the pension law applicable to him; had he been discharged from the public service owing to the abolition· of his post. · . · · · , _- .· ' . · · . . ·. · . . ' ·: . '
- ·. ' . ·-··
9. (1) The secretarial and administrative work connected with Staff of the .board . the e?terCise or pe~ormance by the board of its power.s and ant1lm~ton of · functions, shall be performed by officers or employees lD the pu c 0 . ces· . ; · ... . department designated for that purpose by the Postmaster~ · " ' :; - ·J .. General in consultation with the board. · · , . . · (2) One such officer -~hall be so design~ ted as the ~eeretary of the board. · .. . ·. · · · · , ·. : .
GOVERNMENT GAZETTE EXTRAORDINARY, 26TH JUNE; 1968 No: 2107 137
(3) The board may designate any officer designated under sub- section (I), to carry out any inspection in the department and an officer so designated by the board shall have the powers con· ferred on the board by section 8 (I} of the Public SerVice Act.
10. (1) Subject to the provisions of subsection (2), a recom· ~en:~ng ~~ mendation or direction made or given by not fewer than two ~. 00 :cn·:Od members of the board,. shall for the purposes of the Public functio~ • Service Act or any other law be deemed to be a recommendation . · or. direction made or given by the board.
(2) Subject to the provisions of subsection (3), a power con· ferred on or function entrusted to the board in terms of the Public SerVice Act or any other law may, with the concurrence of all the members of the board, be exercised or performed by a member or members of the board or any officer under a general or special delegation from the board and subject to such condi- tions as it may determine. · · · · · I '
(3) The board shall riot delegate the power of delegation· conferred on it by subsection (2) of this section, or the powers conferred on it by section 6 (2) (a}, (g), U), (m) and (n), or section 14 (4), (5), (6) (a) to (e) inClusive, (7) and (8), or Chapter IV; or section 25, or section 27, of the Public Service Act, or by regulation 25 (I) of the regulations published in terms of section 5 of the Government Service Pensions Act, 1965 (Act No. 62 of 1965), under Government Notice No. R.l969 of the. 15th December, 1965.' I ': • · . • • .·
(4) The board may designate one or more ofits members or an officer or officers to conduct an enquiry into any matter on which it is, in terms of the Public Service Act or any other law,, competent for the board to make a recommendation or issue a direction.
(5) Any delegation or designation under this section may at any time be revoked by the board.· · · · · ·
11. (1) Any power or function conferred on or entrusted to Powe~ and · the Public Service Commission by or under the Public Service funct1or:'S or the Act or any other law shall be deemed to be conferred on or· board. entrusted to the board in so far as such · power or function relates to; the department, or to officers or 'employees in the service of the department, or to persons who were in or are to be taken into the service of the department.
(2) Any provision of the Public Service Act, or of any other law, relating to a recommendation, direction, enquiry, inspec- · tion, report or any other action of the Public Service Commis- . sion ·by. virtue of a power or function contemplated in sub- section 1, shall mutatis mutandis apply in relation to the corre- sponding recommendation, direction, enquiry, inspection, report' or other action by the board · by Virtue of the relevant power or function as conferred on or entrusted to it in terms of that subsection. .
(3) Any provision of the Public Service Act, or of any · other law, in terms of which a power or function may be conferred on or entrusted to the Public Service Commission, shall be deemed . to be a provision in terms of which the relevant power or func- tion may be conferred on or entrusted to the board in so far as that power or function relates to the department, or to officers or employees in the service of the department, or to persons who were in or are to be taken into the service of the department.
(4) In the application of subsections (1), (2) and (3)~ and in the application, in relation to the department, or to officers or employees in the service of the department, or to persons who were in or are to be taken into the service of the department, of a provision of the Public Service Act other than a provision contemplated in the said subsections, a reference in . that Act (except in sections 4, 5 and 9 thereof) and, unless inconsistent with the context, in any other law contemplated in those sub- sections, to-
(a) the Public Service Commission, shall be construed as a. reference to the board and, in connection with any
GOVERNMENT GAZETTE EXTRAORDINARY, 26TH JUNE, 1968 No. 2107 139 ·
power conferred on or entrusted to the Public Service Commission by that Act or any such other law, as
· including a reference to any member or members of the · · · board or. any officer to whom the exercise of such
• power or the performance of such function has been delegated by the board under section 10 (2) of this Act: ·
(b) the Minister of the Interiot, shall be construed as a reference to the Minister.of Posts and Telegraphs;
: ' I ' . ,
(c) the Treasury,, shall be construed as a reference to the Minister of Posts-and Telegraphs or an officer in the department. authorized. ;by the . said Minister to per-
. form the functions assigned to the Treasury. under that Act or any such other law; .
'(d) the-Consolidated Revenue Fund, shall be coilstrued as . a reference to the fund. · .
. (5) A referenc~ 'in' ~ny.la~· to 'the ~blic SeCvice Act or ~iiy other law. contemplated in subsections (1), {2) and (3), shall be· ccinstrued as a reference to that Act or such other law as inter- .·. preted in terins of this section. · . , .. ·· (6} Any ~egtilations;·~cal~s of s~laries; wages a~d allowai:tc~~.i
or. any recommendation; direction or other action . made, · fixed,·. givcm or taken under the Public Sel"iice Act or any other law:: contemplated -in subsections·(t), (2) and'·(3)i ·which was· in'• force immediately 'prior to the ·commencenient· of: this Act, 1 shall be deemed, in so far as it relates· to the department1 or to ; officers ' or employees in the department, . or to persons who·· were in or ,are to· be taken into the service of the department, : to have beeri made; fixed, given or ·taken under that Act as·· construed in terms of this section, or the other law in questiori·i · as so construed, as the case may. be. · · · · · ,
f I - . _ ( .! I i ' 1 . ' :0 • ' • _ , .• • • - ~ • ' • .' ' •
'. 12~ Nothwithstanding the provisions of seetion 10 ( 1 ), (2) ·and ~ecoriuneJ?-datio.ns . ; (3) of this Act, a recommendation under section 6 (2) (g) or (m) 10 connection With .
f h Publ. s · A t · scales of . . . . , .. o t e . IC erv1ce . c ~ . ·. . . . . · · remuneration and · (a) made-by the· board, shall have noforce unless it has regulations. · been approved by the Minister in consultation_with the
··;: · Minister of the Interior and, in so far as the recom-

. ·. mendation in question is subject to the provisions of •·•.:section 7 (2) ofthat .Act,.- the-Minister of Finance;
• ' ' ' ' • ' ' 1 . •
· (b) made hy .the Public Service Coriunission, shall also be - applicable to officers and employees in the .department,
if the Minister has, on the recommendation of the board, approved that it is to be so applicable .
." 1 .l · • •
13 ' S · 13. f h Publ' D b C - · · A.· 1. 911.' Amendment of . . , ectwn ·o t e I? e .t ~m.mJSS10n~rs ct, , section 13 of Act . ts hereby amended · by the msertton m subsection (2) . after 18 of 1911, as paragraph (f) ofthefollowingparagraph:· · .. · · · .. amended by ·.-
. · . . . · . section 6 of Act "(fA) a statement of account in respect of the Department 38 of 1921 and
of Posts and Telegraphs;". · ~~Y196~,?f Act .. ., 14.· The following .seCtion is hereby substituted for s~ction 15 Sub~titution of
of the Radio Act, 1952: · . - . . . ". · · ·. · . ··· j~¥~~N of Act "Disposal 15. All fees collected under this Act shall be paid of fees. into the Post Office Fund, .· and there shall be paid
from that Furid to the · South African Broadcasting Corporation' established by the Broadcasting Act, 1936 (Act No. 22 of 1936), anamount equal to the amount of the fees collected in respect of any
. listener's licence issued .' under section. 7 less an amount of twenty-five cents in respect of each licence or renewal of a licence and such an amount, not exceeding five per centum of the said fees in respect of a listener's licence, for collection as may be mutually agreed upon by the Postmaster-General and the said Corporation, or as may, in the absence of such an agreement, be fiXed by the Mhister.".
GOVERNMENT GAZETTE EXTRAORDINARY, 26TII JUNE, 1968 No. 2107 141
15. Section 1 of the Exchequer and Audit Act, 1956, is hereby Am~ndment of amended- . section 1 of Act·
.. ,
(a). by· the substitution for the definition of "Administra- 23 of 1956• as. · tion" of the following definition: . · ::1l~f Act "(ii) 'Administration' or 'the Administration' means- 37 of 1958. · . (a) in relation to the Railways and Harbours, or .
the accounts or officers of the Railways and Harbours, the Railway Administration refer- red to in section 3 (3) of the Railway Board Act, 1962 (Act No . .73 of 1962);
(b) in relation to the Department of Posts and Telegraphs, or the accounts or officers of that Department, but not in any regulation which
· is not applicable to that Department and its . accounts and officers, the Postal Adminis-
. tration; (i)"; , · . (b) by the substitution· for the definition of "Minister" of
the following definition:· "(vi) 'Minister' means- . . , . (a) except as provided in paragraphs (b) and (c),
the Minister of Finance; . (b) in the application of sections 16 and 18 to the
accounts of the Railway Administration, the Minister of Transport;
. (c) in the application of the said sections to the . ·accounts of the Postal Administration, the
. , . Minister of Posts and Telegraphs; (v)"; (c) by the insertion after the definition of','Minister" of the
following definition: . .. Postal Administration". means the authority_in which
. the administration and control of the Department of Posts and Telegraphs vest in terms of section
· 2 (I) of the Post Office Act, 1958 · (Act No. 44 of 1958);"; and .· . . .. . ..
(tf) by the substitution for the 'definition of "Treasury" of the following definition: · . · ... "(x) 'Treasury' means- · ·
(a) except as provided in paragraphs (b) and (c), the office or department of the Minister of
, Finance; (b) in the application of section 12, 15 or 17 to the . · accounts of the Railway Administration, the
Railway Administration; . . (c) in the application of section 12, 15, 17 or 61 (2)
and (3) to the accounts of, or in relation to, the Postal Administration or the Department of Posts and Telegraphs, the Postal Adminis- tration. (x)".
16. Section 21 of the Exchequer and Audit Act, 1956, is hereby Amendment of amended- . · section 21 of Act
(a) by the s~bstitution for subsection (1) of the following ~~:J:J1;Yas subsection: · section 18 of Act
"(1) The Secretary for Customs and Excise and the 11 of 1962, ~ecretafryhfor Inland R~vendue shballkeach, after deduc- 6~~~~l31 :O~Act tr~m o . t e payments ,or raw ac s, r~payments or section 5 of Act drscounts, cause the gross revenues of his department 70 of 1963. · to be paid daily into the Exchequer Account, and all other revenues shall be paid into the . Exchequer Account."; and
(b) by the deletion of subsection (3).
17. The following section is hereby substituted for section 41 Sub~titu4t~1'onfoAf of the Exchequer and Audit Act 1956· section o ct • · . . 23 of 1956. · ·:oefini- 41. In this Chapter the expression 'Fund', in ttons. relation to an Administration, means the Railway
and Harbour Fund, in . the case of the Railway Administration; or the Post Office Fund, in the case of the Postal Administration, and a reference to the Railway and Harbour Account or Postmaster- General's Account mentioned in section 42, shall include a reference to the account of the Fund of the Administration concerned.".
GOVERNMENT GAZETIB EXTRAORDINARY, 26m JUNE, 1968 No; 2107. 143
18. The following section is hereby substituted for section 42 Sub~titution of . · of the Exchequer and Audit Act, 1956: , . . . · · sect1on 42 of Act "K · f ( ) A d · . . ll k . · 23 of 1956. . . eepmg o · 42. 1 · n .. A mtmstrat10n sha eep w1th the accA~~ ~Y bank an account called, in the case of the Railway ·· :tr:.ation nl· Administration, the 'Railway and Harbour Account'>
· and in the case of. the Postal Administration, the 'Postmaster-General's Account', into which shall be_
- paid all, the revenues of the. Administration . con- cerned and also all other receipts appertaining thereto frop~ whatever source arising, and from which shall
t . :
· be withdrawn all·moneys necessary to meet the ex- penditure and payments for which such Admini- stration is, or may become, liable: Provided that
-no moneys shall be withdrawn from the account of . -the Administration concerned to meet expenditure
, chargeable against the. Fund of such. Adrninistm- tion, unless-
- ~ (a) the expenditure has . been provided for under •. . : _ appropriation made by law and authorized by
warrant. of the State· President in accordance with section 46; or ·-
(b) the expenditure has been authorized by special - ;_ warrant of the State President granted in terms
. : -,of section 47. . , , _ . . (2) Nothing in this:, section~ contained shall be
construed as preventing an . Administration from meeting from .. revenue . i~ , the first instance, the _services for .which it.is responsible, and for which sums have been appropriated by Parliament, and any amount so advanced shalLbe subsequently adjusted and repaid to revenue."·. · -
; 1 ' ' 1 ' • • • • r J; • ' ' •• ~· • ·, '/
19,' The following section is hereby substituted_' for section. Sub~titution of ·.,-))·- 46-of the Exchequer and Audit Act,- 1956: . _ .. sect1on 46 of Act'. '
· . . . - . · - ·· ·. 23 of 1956. "Sta~o , 46. When any revenues have been appropriated Pres1de~~ s by law for the purpose of meeting expenditure pay-'' warran. ,or 1 · ·r d f Ad · · · · h ... issue from a, ab e out ? the. Fun . o an numstrat!on, t e Fund. · State Pres1dent may, by warrant under h1s hand,;
• authorize the Administration concerned to withdraw from its Fund such sums as may be required from time to time to meet such expenditure, not ex- . ceeding the total of the revenues so appropriated.".
; - - , ; - ~- ' : ~- , I •. • .·, • - ' ' ' : \. ' ' ' ' ~ • : - : ' ; ' •.. : ;~ • . !j i
: ~ 20. Section: 47 of the 'Exchequer and Audit Act; 'l956, is Am~ndment·or:. ~ _ ·;:: hereby amended by the substitution for subsection (I) 'of the; ~j-~~~9~~.of Act -'! following subsection: . , . . . . . . .
· · · ,"(1) To enable an Administration from . time to time to ~incur :expenditure on such unforeseen services as can- not be postponed without serious -prejudice to the public interest until' adequate provision therefor can- be made by
. Parliament, or 'to meet excesses on a vote of Parliament, the State President may by special warrant under his hand
. , · authorize the Administration concerned to incur . such · expenditure not exceeding in the aggregate...:... '
(a) in the case of the Railway Administration_;;. .:- (i) the sum of one million rand; or · · - . (ii) the amount by which its accrued earnings, cal-
culated to the last day of the month immediately preceding the' day on which the special warrant is issued, exceeds the proportion of its earnings, calculated· to the said day on the. basis of the estimate of revenues at the commencement of the financial year, _
whichever amount is the greater; 1
(b) in the case ._of the Postal Administration, -two million rand.". ·
21. The following section is hereby substituted for section Sub~titution of 48 Of the Excheq· uer and Aud.it Act 1956 · -: · section 48 of Act . • • 23 of 1956; . : ",Unautho- 48 •. Any expenditure incurred under section 47 ~1ed efpt,n· shall be submitted for appropriation by Parliament
1 ure 0 e not later than during its next ensuing session:
GOVERNMENT GAZETTE EXTRAORDINARY, 26n{ JUNE; 1968 No~ 2107 145
sub~tted to ~ovided that if any such. special w~riants as are Parliament. prescribed in the said· section are granted by the
State President while Parliament is in session, the Controller and Auditor-General shan· cause state- ments thereof to be prepared monthly and shall transmit such statements, in the case of the Railway Administration, to · the Minister of Transport, or in the case of the Postal Administration, to the Minister of Posts and Telegraphs, for presentation to the Senate and to the House of Assembly without delay, and, in the case of special warrants issued by the State President while Parliament is ·not in session, the Controller and Auditor-General shall cause a
' statement thereof to be prepared and shall transmit such statement to the Minister of Transport or the Minister of. Posts and Telegraphs, as the case may be, forpresentation to the Senate and to the House
· of Assembly as soon as 'possible after the commence- ment of the next ensuing session of Parliament.".
22. The following-section is hereby substituted for section Su~titutionof 50 of the Exchequer and Audit Act, 1956: . section so of Act '"''---:- 50 (1) ( ) A _ 'bl b . 23 of 1956. ,........,J.U.Ia• • . a .n..ll soon as poss1 e, ut m every case tion ~ within seven months, after ·the close of the :nts financial year, the . Controller and Auditor- and report General shall exalnine the accounts prescribed thereon by by section 49 and shall transmit such accounts, ~u~~d together with his certificate and a report signed Auditor- . by him, in the case of the accounts of the Rail- General. way Administration, to the Minister of Trans-
port, or, in the case of the accounts of the Postal Administration, to the Minister of Posts and Telegraphs: Provided that the Controller and Auditor-General may at any time, if it appears to him to be desirable, transmit a special report on any matter incidental to the finances of an Administration to the Minister of Transport or the Minister of Posts and Telegraphs, as the case may be.
(b) Copies of any accounts, report or special report transmitted by the Controller and Auditor- General as aforesaid to the Minister of Trans-
, port or the Minister of Posts and Telegraphs, shall at the same time be transmitted to the Treasury.
(2) The Minister of Transport or the Minister of Posts and Telegraphs, as the case may be, shall present any accounts, report or special report re- ceived by him under this section to the Senate and to the House of Assembly within seven days after receipt thereof, if Parliament is then in session, or, if Parliament is not then in ·session, within seven days · after the commencement of the . next ensuing session.
(3) If the Minister of Transport or the Minister of Posts and Telegraphs, as the case may be, does not within the prescribed time present to the Senate and to the House of Assembly any accounts, report, or special report aforesaid, the Controller and Auditor-General shall forthwith transmit copies thereof to the President of the Senate and to the Speaker of the House of Assembly, which shall be presented to the Senate and the House of Assembly by the President and the Speaker respectively.".
23. Section 51 of the Exchequer and Audit Act, 1956, is Am~ndmcnt of hereb~ amended .bY the substitution for subsection (1) of the ~~f~is~~f Act_ · . followmg subsection:
· "(1) Such sums as are authorized 'by Parliament, and · · · which may be required by the Railway Administration
from time to time out of the proceeds of loans for the
GOVERNMENT GAZETTE EXTRAORDINARY, 26m JUNE, 1968 No. 2107 147
'· ser\rices of the Administration, shall· be obtained by re- quisition on the Treasury, and the Treasury shall decide in what instalments and at what dates the sums so requisi- tioned shall be issued to the Administration.". .
24. The following section is hereby substituted for section 52 Sub~titution of. ·· of the Exchequer and Audit Act, 1956: . · _ ·. · sect1on 52 of Act "Investment. 52. The Railway Administration may invest with 23 of 1956· · ~a1f;a the National Finance Corporation of South Mrica, Adtrun.fs- · · established under section 2 of the·National Finance tration's .. Corporation Act, 1949 (Act No. 33 of 1949), on short working -. call deposit any available portion of the working balances. , balances retained ·at its disposal in terms of section 9
of the Public Debt Commissioners Act, 1911 (Act No. 18 of 1911).". . ·
: 25~ · The following sections are h~reby inserted ·in. the Ex- Ins~rtion of · · : chequer and Audit Act, '1956, after' section 52: . - · .·• -· sections ~2A, 52B "Lo .. · 2A (1) S h · h . d b p 1. . and 52C 10 Act .ans .or 5 • . uc sums as are aut onze y ar Ia• 23 of 195 · cap~~ exb rnent, and which may be required by the Postal Ad~ ~~Po::. Y ministration from time to time out of the proceeds of Adminis- .loans. for capital expenditure, shall be obtained by
· tration. requisition on the Treasury, and every such sum shall be repaid to the Treasury together with interest · thereon at the rate fixed under section 1 of the Finan- cial Adjustments Act, 1917 (Act No. 42 of 1917), and applicable on the date on which such amount is paid out to the Administration. .
·, · (2) Save as may be otherwise agreed between the .Administration and the Treasury, a repayment con- templated in subsection (1) shall be effected by way of equal half-yearly instalments, which shall include both interest • and redemption, . at such rate of re- demption as will effect the full redemption of such
· sum at the end of a period of twenty years as from the date on which the sum in · question or the last instalment thereof was paid out to the Administra- tion. · ·
~edemp- . 52B. (1) Subject to . the provisions of subsection !~~~r~t an: ' (2), the Postal Administration shall be deemed not to ~pita! 0 have any redemption, . interest or other financial taken over liability in respect of any amount made available for by th~ ?ostalits services out of the proceeds of loans in any fuian- td{'!ums- · . cial year prior to the financial year ending on the ra IOD. thirty-first day of March, 1969 .
. ·. (2) All capital assets ·acquired by means of amounts made available out of the proceeds of loans or out of revenue for the services of the Postal Ad- ministration in financial years prior to the financial year ending on the thirty-first day of March, 1969, shall be deemed to . have been taken over by that Administration on the first day of April, 1968, against the acceptance of liability for the repayment of, and the payment of interest on, a sum of one hundred and
· · -ninety-nine million rand, to the Treasury, and the · said sum shall be deemed to be a sum obtained in
· , terms·ofsection 52A by the Administration from the Treasury out of the proceeds of loans and paid out tci the Administration on the first day ofApril, 1968: Provided that, in respect of the financial year ending on the thirty-first day ofMarch, 1969, only interest .shall be paid on the said amount and that as from the commencement of the next succeeding financial year, the said sum shall be redeemed at a rate which will effect full redemption thereof at the end of a period of twenty years . reckoned as from the first day of April, 1969, and provided further that a rate of interest of six per cent per annum shall be applied in
. . respect of that sum. . - · Temporar-Y S2C. The Postal Administration niay at any tune deficits in · ·during a financial year borrow from the bank by way the Post- of overdraft such sums of money as the Administra-
. -GOVERNMENT. GAZETTE ExTRAORDINARY, 26TH JUNE, 1968 No. 2107 149
master- General's Account.
tion may deem necessary to meet anticipated tem- porary deficits in the Postmaster-General's Account during the financial year in question, and may pay interest on: such loans, and the bank may grant such loans to the Administration.".
26. The following section is hereby substituted for section 55 Su~titution or · of the Exchequer and Audit Act, 1956: . section 55 of Act "Cost of audit.
.. . · 23 of 1956. 55. The cost of the audit of the accounts of an
· Administration as certified by the Controller and Auditor-General shall be defrayed out of the Fund of the Administration concerned.".
27. The following section is hereby substituted for section 60 Su~titution or of the Exchequer and Audit Act 1956: . . sect1on 60 of Act
. ' · . . 23 of 1956. "Authority · · 60. No account shall be opened in any bank on for opening behalf of the Government or any department thereof banking accounts. or any officer thereof in his official capacity, without
the written authority of the Treasury or, in the case of the Railways and Harbours, of the Railway Admini- stration, or, in the case of the Department of Posts and Telegraphs, of the Postal Administration, and, subject to the provisions of section 52C, no bank shall permit an overdraft on any such account.".
28.- (1) Section 61 of the Exchequer and Audit Act, 1956, is A~ndment of .· hereby. amended .bY the substitution for subsection (4) of the ~ri9~~ o~ Act follo.wmg subsection: . substituted by
"(4) No . instruction issued under subsection '(2) or (3) section 19 of Act shall apply in respect of the estimates, accounts or officers of 77 of 1962• the Railway Administration.".
(2) Instructions issued under subsection (2) or (3) of section 61 of the Exchequer and Audit Act, 1956, and in force immediately prior to the commencement of this Act, shall, in so far as such instructions relate to the accounts and officers of the department, be deemed to have been issued under the relevant subsection as construed in terms of the amendment, by section 15 of this Act, of the definition of "Treasury" in section 1 of that Act.
29~ Section 1 (1) ofthe Public Service Act is hereby amended Am~ndment of by the substitution for the definition of .. Commission" of the section 1 of Act fi 11 • d fi 't' . 54 of 1957, as o owmg e m ton: · · amended by
"('") 'C · . . , h p b·l. S . Co • . section 1 of Act 111 ommtsston means t e u tc ervtce mmisston 71 of 1963
. established by section 4 (1), and, in relation to any section 1 dr Act · power conferred upon or function entrusted to the 47