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Division of Revenue Act, 2010 (Act No. 1 of 2010)

Chapter 3 : Conditional allocations to Provinces and Municipalities

Part 2 : Duties of accounting officers in respect of Schedule 4, 5, 6, 7 or 8 allocations

13. Duties in respect of annual financial statements and annual reports for 2010/11

 

 

1) The 2010/11 financial statements of a national department transferring any funds in respect of an allocation set out in Schedule 4, 5, 6 or 8 must, in addition to any requirements in terms of any other applicable law –
a) indicate the total amount of that allocation transferred to a province or municipality;
b) indicate the transfers, if any, that were withheld in respect of each province or municipality;
c) indicate any re-allocations by the National Treasury in terms of section 18 or by the transferring national officer in respect of the Expanded Public Works Programme Incentive Grant;
d) certify that all transfers to a province or municipality were deposited into the primary bank account of a province or municipality or, where appropriate, into the corporation for public deposits account of a province; and
e) indicate the funds, if any, utilised for the administration of the allocation by the receiving officer.

 

2) The 2010/11 annual report of a national department transferring any funds in respect of an allocation set out in Schedule 4, 5, 6 or 8 must, in addition to any requirements in terms of any other applicable law –
a) indicate the reasons for the withholding of any transfers to a province or municipality;
b) indicate to what extent provinces or municipalities were monitored for compliance with this Act and the conditions of an allocation provided for in the relevant framework;
c) indicate to what extent the allocation achieved its purpose and outputs; and
d) indicate any non-compliance with this Act or the relevant framework, and the steps taken to deal with such non-compliance.

 

3) The 2010/11 financial statements of a provincial department receiving an allocation in terms of Schedule 4, 5 or 8 must, in addition to any requirements in terms of any other applicable law –
a) indicate the total amount of all allocations received;
b) indicate the total amount of actual expenditure on all allocations except Schedule 4 allocations; and
c) certify that all transfers in terms of this Act to the province were deposited into the primary bank account of the province or, where appropriate, into the corporation for public deposits account of a province.

 

4) The 2010/11 annual report of a provincial department receiving an allocation in terms of Schedule 4, 5 or 8 must, in addition to any requirements in terms of any other applicable law –
a) indicate to what extent the provincial department complied with the provisions of this Act and met the conditions provided for in the relevant framework of such an allocation;
b) indicate the steps taken to deal with non-compliance with any of the provisions of this Act or the conditions provided for in the relevant framework of such an allocation;
c) indicate the extent to which the objectives and outputs of the allocation were achieved;
d) contain any other information that may be specified in the relevant framework for the allocation; and
e) contain such other information as the National Treasury may determine.

 

5) The 2010/11 financial statements and annual report of a municipality must be prepared in accordance with the Municipal Finance Management Act.

 

6) The National Treasury may determine how transferring departments and receiving municipalities report on local government allocations on a quarterly basis, to facilitate the audit of allocations for both the national and municipal financial years.