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

Chapter 3 : Conditional allocations to Provinces and Municipalities

Part 1 : Conditional allocations

8. Conditional allocations to municipalities

 

 

1) Conditional allocations to local government in respect of the financial year from the national government’s share of revenue raised nationally are set out in Column A of the following Schedules:
a) Schedule 4, specifying allocations to municipalities to supplement the funding of functions funded from municipal budgets;
b) Schedule 6, specifying specific-purpose allocations to municipalities;
c) Schedule 7, specifying allocations-in-kind to municipalities for designated special programmes; and
d) Schedule 8, specifying incentives to municipalities to meet targets with regards to priority government programmes.

 

2) An envisaged division of conditional allocations to local government from the national government’s share of revenue anticipated to be raised nationally for the next financial year and the 2012/13 financial year, which, with the exception of what is provided in subsection (4) in relation to the Public Transport Infrastructure and Systems Grant, is subject to the annual Division of Revenue Acts for those years, is set out in Column B of the Schedules referred to in subsection (1).

 

3) The National Treasury must publish the share or indicative allocation of each municipality in respect of the local government allocations contemplated in subsections (1) and (2) in the Gazette in terms of section 14.

 

4) Notwithstanding anything to the contrary contained in subsection (2), in respect of the Public Transport Infrastructure and Systems Grant, funding which is specifically approved by the National Treasury in relation to transport contracts for capital projects must be regarded as being firm allocations for the next financial year and the 2012/13 financial year that will not be altered downwards in the Division of Revenue Acts in respect of those financial years.

 

5) A municipality may only after obtaining the approval of the National Treasury, pledge, offer as security or commit to a person or institution future conditional allocation transfers due to the municipality for the next financial year and the 2012/13 financial year, for the purpose of securing a loan or any other form of financial or other support from that person or institution.