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Financial Management of Parliament Act, 2009 (Act No. 10 of 2009)

Chapter 9 : Regulations and Instructions

65. Regulations

 

(1) The Executive Authority may issue regulations not inconsistent with this Act concerning—
(a) any matter in respect of which this Act authorises regulations or policy;
(b) the handling of, and control over, the assets of Parliament;
(c) the improvement and maintenance of the assets of Parliament;
(d) the alienation, letting or other disposal of the assets of Parliament;
(e) an appropriate supply chain management system for Parliament which complies with Chapter 6;
(f) the financial management of the provision of support services and constituency funding to political parties and independent representatives represented in Parliament;
(g) the rendering of free services by Parliament’s administration;
(h) the determination of any scales of fees, other charges or rates relating to services provided by Parliament’s administration;
(i) the writing off of, or settling of claims in respect of, losses of money or other assets of Parliament or amounts owed to Parliament;
(j) liability for losses and damages, and procedures for recovery, including the recovery of fruitless and wasteful, unauthorised and irregular expenditure;
(k) the cancellation or variation of contracts that are to the detriment of Parliament;
(l) the settlement of claims by or against Parliament;
(m) the waiver of claims by Parliament;
(n) the remission of money due to Parliament;
(o) gifts or donations to officials of Parliament;
(p) vouchers or other proofs of receipts or payments, which are defective or have been lost or damaged;
(q) varying the time period within which any act must be performed in terms of this Act if it is necessary to achieve conformity with the budgeting or accounting cycles applicable to the public sector; and
(r) any other matter concerning the financial management of Parliament that may facilitate the application of this Act.

[Section 65(1)(f) substituted by section 45 of the Electoral Matters Amendment Act, 2024, Notice No. 4790, GG50624, dated 7th May 2024 - Commencement 8 May 2024 by Proclamation 165, GG50628, dated 8 May 2024]

 

(2) Regulations in terms of subsection (1) may prescribe that the prior approval of the Executive Authority must be obtained for particular actions.

 

(3) The Accounting Officer must—
(a) ensure that drafts of regulations required by this Act are prepared;
(b) periodically review regulations made in terms of the Act; and
(c) when appropriate, ensure that draft amendments are prepared.

 

(4)
(a) The Executive Authority may approve departures from regulations or condone a failure to comply with a regulation provided that the objectives of the Act are not undermined.
(b) The reasons for any decision taken in terms of paragraph (a) must be recorded in writing and submitted to the oversight mechanism promptly.

 

(5) The Executive Authority must ensure that a draft of any proposed regulations dealing with any matter contemplated in section 34 or Chapter 6 is published for public comment.

 

(6) Regulations issued by the Executive Authority in terms of subsection (1) may come into effect only after they have been approved by Parliament.

 

(7) The Accounting Officer must publish all regulations approved by Parliament—
(a) in a parliamentary paper; and
(b) in the Government Gazette, if the regulations deal with a matter contemplated by subsection (5).