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Table of Contents
Financial Management of Parliament Act, 2009 (Act No. 10 of 2009)
Notice No. 438 of 2009
Act
Preamble
Chapter 1 : Interpretation and Objects
1. Definitions
2. Objects of this Act
3. Application of the Act to provincial legislatures
Chapter 2 : Oversight, Executive Authority and Administration of Act
Part 1 : Oversight mechanism
4. Oversight mechanism
Part 2 : Executive Authority
5. Executive Authority
Part 3 : Administration of Act
6. Accounting Officer
7. General financial management functions
8. Performance of Accounting Officer
9. Acting Accounting Officer
10. Delegation of powers and duties by Accounting Officer
11. Responsibilities of officials
12. Fiduciary responsibilities
Chapter 3 : Planning and Budgeting
13. Preparation of strategic plan, annual performance plan and budget
14. Strategic plan
15. Annual performance plan
16. Annual Budget
17. Submission of drafts of strategic plan, annual performance plan and budget
18. Annual appropriations and approvals
19. Expenditure before Parliament's annual budget is passed
20. Unauthorised expenditure
21. Unauthorised expenditure of own resources
22. Virement between main divisions within the approved budget
23. Retention of unspent funds and return of unspent funds for direct charges
Chapter 4 : Cash Management and Investment
24. Cash management and investment policy
25. Opening of bank accounts
26. Control of bank accounts
27. Withdrawals from bank accounts
28. Restrictions on borrowing, guarantees and other transactions
29. Requisitioning of funds by Accounting Officer
Chapter 5 : Financial Management
30. Asset and liability management
31. Revenue management
32. Management of debtors
33. Expenditure management
34. Support for Members and political parties
35. Transfers
36. Budget implementation
37. Executive directive with financial implications
38. Impending shortfalls and overspending
Chapter 6 : Supply Chain Management
39. Application of this Chapter
40. Supply chain management policy
41. Implementation of supply chain management policy
42. Unsolicited offers
43. Tenders not recommended
44. Members of Parliament barred from serving on tender committees
45. Interference
46. Prohibition on contracts
Chapter 7 : Audit Committee and Internal Audit Unit
47. Establishment of audit committee
48. Functions of audit committee
49. Allegations against Accounting Officer
50. Internal audit unit
Chapter 8 : Reporting and Auditing
Part 1 : In-year reporting
51. Monthly financial statements
52. Quarterly performance reports
53. Mid-year budget and performance assessment
54. Submission of reports to oversight mechanism
Part 2 : Annual report, financial statements and auditing
55. Preparation of annual reports
56. Preparation of financial statements
57. Submission of annual financial statements
58. Auditing of annual financial statements
59. Submission of annual report
60. Tabling and consideration of annual report
61. Issues raised in audit reports
62. Consequences of non-compliance with certain provisions
63. Reporting of irregularities
64. Other information
Chapter 9 : Regulations and Instructions
65. Regulations
66. Instructions
Chapter 10 : Financial Misconduct
Part 1 : Disciplinary proceedings
67. Financial misconduct by Accounting Officer
68. Financial misconduct by officials
Part 2 : Criminal proceedings
69. Offences
70. Penalties
Chapter 11 : Miscellaneous
71. Liability of functionaries exercising powers and functions in terms of this Act
72. Repeal of legislation
73. Short title and commencement
Schedules
[Repealed] Schedule 1 : Norms and standards for provincial legislatures
Schedule 2 : Code of Ethics for members of the Executive Authority
Schedule 3 : Matters that must be covered in Parliament's supply chain management policy
Schedule 4 : Transitional arrangements
Regulations
Supply Chain Management Regulations issued in terms of the Financial Management of Parliament Act, 2009 (Act No. 10 of 2009)
Notice No. R. 210 of 2015
1. Abbreviations
2. Definitions
3. Delegation of supply chain management
4. Implementation of the supply chain management system
5. Demand management
6. Acquisition management
7. Committee system for processing of competitive bids
8. Compulsory disclosure by prospective suppliers
9. Barring of persons participating in the bidding process
10. Combating abuse of supply chain management system
11. Contract management and dispute settling
12. Logistics management
13. Disposal management
14. Risk management
15. Supply chain management system performance
16. Commencement
Chapter 10 : Financial Misconduct
Purchase
Part 1 : Disciplinary proceedings
Part 2 : Criminal proceedings
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