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Division of Revenue Act, 2018 (Act No. 1 of 2018)

Chapter 3 : Conditional Allocations to Provinces and Municipalities

Part 4 : Matters relating to all Allocations

26. New allocations during financial year and Schedule 7 allocations

 

(1) If further allocations are made to provinces or municipalities, as envisaged in section 6(3), the National Treasury must, before the transfer of any funds to a province or municipality, by notice in the Gazette and as applicable—
(a) amend any allocation or framework published in terms of section 16;
(b) publish the allocation per municipality for any new Part B of Schedule 5 allocation or the indicative allocation per municipality for any new Part B of Schedule 6 allocation; or
(c) publish a framework for any new Schedule 4, 5, 6 or 7 allocation.

 

(2) Section 16(2) to (5) applies with the necessary changes to allocations and frameworks published in terms of subsection (1).

 

(3)
(a) The transferring officer may, with the approval of the National Treasury, make one or more transfers of a Schedule 7 allocation to a province or municipality for a disaster or housing emergency within 100 days after the date of the declaration of the disaster, or the declaration of a housing emergency.
(b) The transferring officer must notify the relevant provincial treasury and the National Treasury within 14 days of a transfer of a Schedule 7 allocation to a province or municipality.
(c) The National Treasury must, within 21 days after the end of the 100-day period referred to in paragraph (a), by notice in the Gazette publish all transfers of a Schedule 7 allocation made for a disaster.
(d) Despite the provisions of any law to the contrary, the National Treasury may approve that funds allocated in Schedule 7 be used at any time.
(e) The funds approved in terms of paragraph (d) must be included either in the provincial adjustments appropriation legislation, municipal adjustments budgets or other appropriation legislation.