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Appropriation Act, 2023 (Act No. 8 of 2023)

5. Use of unspent funds

 

(1) Despite section 3 of this Act and section 43(4) of the Public Finance Management Act, the Minister may, subject to subsection (4)(b), approve that unspent funds in an amount in the Schedule appropriated for—
(a) transfers and subsidies to other institutions, be used elsewhere within the same main division;
(b) payment for capital assets, be used elsewhere within the same vote; or
(c) payment for financial assets, be used elsewhere within the same main division.

 

(2) The sum of the unspent funds in a main division of a vote approved for use in another main division of that vote in terms of—
(a) subsection (1); and
(b) section 43(1) of the Public Finance Management Act,

may not exceed eight per cent of the amount appropriated under that main division.

 

(3) The approval of the use of unspent funds in terms of subsection (1) must be disclosed in the National Treasury’s next quarterly report to the relevant Parliamentary Committees.

 

(4)
(a) Despite any provision in other legislation to the contrary, the amount appropriated for the compensation of employees within a vote in the Schedule to this Act, may only be increased with the approval of the Minister.
(b) The Minister may not approve the use of unspent funds in terms of subsection (1) to increase the compensation of employees.

 

(5)
(a) Section 43 of the Public Finance Management Act and the provisions of this Act apply with the necessary changes to the use of unspent funds in the amount appropriated under a main division within a vote to defray excess expenditure within the same main division for another classification as envisaged in the definition of ‘‘purpose’’ in section 1.
(b) The sum of the unspent funds under a classification in a main division within a vote approved for use, in terms of paragraph (a), may only exceed eight per cent of the amount appropriated for the classification with the approval of the Minister.