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

Chapter 9 : General Treasury Matters

80. Determination of interest rates for debt owing to state

 

Interest rates : (all rates referred to are simple interest)

 

From

 

To

Interest

rate

Gazette

 

Notice

Number


30 Sep 79

6 % pa



1 Oct 79

31 Mar 84

8 % pa



1 Apr 84

31 Oct 89

12 % pa



1 Nov 89

31 Aug 00

16 % pa



1 Sep 00

30 Jun 01

14,75 % pa

Gazette 21483 dd 25 Aug 00

2937 of 2000

1 Jul 01

30 Sep 01

14 % pa

Gazette 22401 dd 20 Jun 01

1562 of 2001

1 Oct 01

28 Feb 02

13 % pa

Gazette 22719 dd 1 Oct 01

2104 of 2001

1 Mar 02

31 Mar 02

13,5 % pa

Gazette 23185 dd 27 Feb 02

297 of 2002

1 Apr 02

30 Jun 02

14,5 % pa

Gazette 23268 dd 28 Mar 02

418 of 2002

1 Jul 02

30 Sep 02

15,5 % pa

Gazette 23565 dd 27 Jun 02

1051 of 2002

1 Oct 02


16,5 % pa

Gazette 23844 dd 20 Sep 02

1743 of 2002

1 Sep 03


14% pa


2261 of 2003

1 Oct 03


13% pa


2524 of 2003

 

(1) The Minister, by notice in the national Government Gazette, must determine—
(a) a uniform interest rate applicable to loans granted out of a Revenue Fund; and
(b) a uniform interest rate applicable to all other debts which must be paid into a Revenue Fund.

 

The following has been published in a separate Government Gazette, No. 23727, on 8 August 2002 as Notice No 1410 of 2002.

 

(2) Debts to the State resulting from the service relationship between public servants and the State shall be recovered without interest, with the exception of the following categories of debt, which shall be levied with interest at a rate as determined by the Minister in terms of section 80(1)(b) of the Public Finance Management Act of 1999:
(a) Wrongly granted remuneration, as defined in section 38 of the Public Service Act, 1994 where the person concerned has left the employ of the State, or where the monetary advantage resulted from his or her own fraudulent action; or
(b) Loss and/or damage which originates as a result of circumstances where mala fides (evil intention) or the intentional causing of losses or damage were present, or where the person concerned has left the employ of the State; or
(c) Breach of contract or any delictual claim relating to the contractual relationship.

 

(3) Debts to the State by debtors who are not in the employ of the State, are to be recovered with interest at a rate as determined by the Minister in terms of section 80(1)(b) of the Public Finance Management Act of 1999, with the exception of the following categories of debt, which are to be recovered without interest:
(a) Overpayment of amounts paid to a debtor for social and unemployment benefits; or
(b) Debts resulting from support provided by State medical institutions to State patients.