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Division of Revenue Act, 2012 (Act No. 5 of 2012)

Chapter 3 : Conditional Allocations to Provinces and Municipalities

Part 3 : Matters relating to Schedule 4 to 8 allocations

20. Conversion of allocations

 

 

1) The National Treasury may, in its discretion or at the request of the transferring national officer, convert an allocation listed in Schedule 6 to become an allocation listed in Schedule 7, or convert an allocation listed in Schedule 7 to become an allocation listed in Schedule 6, if the National Treasury is satisfied that the conversion will prevent under-spending on the allocation.

 

2) In respect of the School Infrastructure Backlogs Grant, the National Treasury may, at the request of the transferring national officer and a receiving province, convert the allocation to the province to become an allocation to the Education Infrastructure Grant, if the National Treasury and the transferring national officer are satisfied the province has demonstrated the capacity to implement projects and that the conversion will not be likely to result in-
a) underspending on the allocation; or
b) a lesser level of service delivery compared to if the allocation is provided to the province as a Schedule 7 grant-in-kind.

 

3) An allocation that is converted in terms of this section must be paid to or expended on behalf of the same province or municipality to which the allocation was originally made.

 

4) A conversion referred to in subsection (1) or (2) takes effect on the date of publication referred to in section 15(2)(c).

 

5) The National Treasury must inform the transferring national officer and each affected receiving province or municipality of a conversion.