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Public Finance Management Act, 1999 (Act No. 1 of 1999)

Chapter 2 : National Treasury and National Revenue Fund

Part 1: National Treasury

10. Delegations by National Treasury

 

(1) The Minister may—
(a) in writing delegate any of the powers entrusted to the National Treasury in terms of this Act, to the head of a department forming part of the National Treasury, or instruct that head of department to perform any of the duties assigned to the National Treasury in terms of this Act and,
(b) in relation to a provincial department or provincial entity, in writing delegate any of the powers entrusted to the National Treasury in terms of this Act to a provincial treasury, or request that treasury to perform any of the duties assigned to the National Treasury in terms of this Act, as the Minister and the relevant MEC for finance may agree.

 

(2) A delegation, instruction or request in terms of subsection (1) to the head of a department forming part of the National Treasury, or to a provincial treasury—
(a) is subject to any limitations or conditions that the Minister may impose;
(b) may authorise that head, in the case of subsection (1)(a)—
(i) to sub-delegate, in writing, the delegated power to another National Treasury official, or to the holder of a specific post in the National Treasury, or to the accounting officer of a constitutional institution or a department, or to the accounting authority for a public entity; or
(ii) to instruct another National Treasury official, or the holder of a specific post in the National Treasury, or the accounting officer for a constitutional institution or a department, or the accounting authority for a public entity, to perform the assigned duty;
(c) may authorise a provincial treasury, in the case of subsection (1)(b)—
(i) to sub-delegate, in writing, the delegated power to an official in that provincial treasury, or to the holder of a specific post in that provincial treasury, or to the accounting officer for a provincial department, or to the accounting authority for a provincial public entity; or
(ii) to instruct an official in that provincial treasury, or the holder of a specific post in that provincial treasury, or the accounting officer for a provincial department, or the accounting authority for a provincial public entity, to perform the assigned duty; and
(d) does not divest the Minister of the responsibility concerning the exercise of the delegated power or the performance of the assigned duty.

 

(3) The Minister may confirm, vary or revoke any decision taken by the head of a department forming part of the National Treasury, or by a provincial treasury, as a result of a delegation, instruction or request in terms of subsection (1)(a) or (b), or by a treasury official or accounting officer or accounting authority as a result of an authorisation in terms of subsection (2)(b) or (c), subject to any rights that may have become vested as a consequence of the decision.