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South Africa
North West Provincial Legislature Management Act, 2007
Act 3 of 2007
- Published in North West Provincial Gazette 6770 on 29 April 2010
- Assented to on 30 May 2008
- Commenced on 1 April 2008
- [This is the version of this document from 30 May 2011 and includes any amendments published up to 7 June 2024.]
- [Amended by North West Provincial Legislature Management Amendment Act, 2010 (Act 5 of 2010) on 30 May 2011]
Chapter 1
Interpretation and objects
1. Definitions
2. Object of this Act
Chapter 2
Matters relating to the repeal of the North West Provincial Legislature Service Act 8 of 1997
3. Deeming provision
Anything purported to have been done for and on behalf of the Legislature, and any person or persons purported to have been appointed to the staff of the Legislature prior to the coming into operation of this Act, shall be deemed to have been done and/or appointed in terms of the provisions of this Act.4. Disestablishment of bodies established in terms of Act 8 of 1997
The Management Board, the Internal Supplies Committee, and the Management Committee, which were established in terms of the North West Provincial Legislature Service Act 8 of 1997, are hereby disestablished.Chapter 3
The Legislature Service
5. Establishment of the Legislature Service
There is hereby established the Legislature Service, whose principal duties shall be to provide administrative services to the Executive Authority and other Members of the Legislature.Chapter 4
The roles, functions, and responsibilities of the Executive Authority, members of the Legislature, the Accounting Officer to the Legislature, and officials of the Legislature
6. Speaker of the Legislature
7. Secretary to the Legislature
8. General financial management functions
The Accounting Officer must ensure that—8A.
9. Members of the Legislature
The functions and activities of Members of the Legislature shall be conducted in accordance with the Constitution, all applicable national and provincial legislation, the Standing Rules of the Legislature, and rules and policies adopted by the Rules Committee of the Legislature.10. Responsibilities of officials
11. Fiduciary responsibilities
Chapter 5
Staff, their terms and conditions of employment, and organisation
12. Staff of the Legislature
13. Conditions of service of staff
14. Organisation of the Legislature Service
The Service shall be organized in accordance with this Act and the organogram of the Legislature, as approved by the Executive Authority from time to time, which shall set out the posts on the fixed establishment of the Legislature.15. Management of the Legislature Service
16. Delegation of powers
Chapter 6
Planning and budgeting
17. Preparation of strategic plan, annual performance plan and budget
The Executive Authority must—18. Strategic plan
19. Annual performance plan
20. Annual budget
21. Annual appropriations and approvals
22. Expenditure before provincial annual budget is passed
23. Unauthorized expenditure
24. Virement between main divisions within vote
25. Treatment of unspent funds
Chapter 7
Cash management and investment
26. Cash management and investment policy
27. Opening of bank accounts
28. Control of bank accounts
The Accounting Officer–29. Withdrawals from bank accounts
30. Restrictions on borrowing, guarantees and other transactions
31. Requisitioning of funds
The Executive Authority must determine a process for requisitioning funds that provides for sound cashflow management.[section 31, previously section 32, renumbered by section 9 of Act 5 of 2010]Chapter 8
Financial arrangements
32. Asset and liability management
33. Revenue management
34. Management of debtors
35. Expenditure management
36. Support for political parties
37. Constituency funds
38. Transfers
Before transferring any funds to any entity, whether within or outside government, the Accounting Officer must obtain—39. Budget implementation
The Legislature is responsible for implementing the Legislature's budget and must ensure that—40. Instructions from the Executive Authority with financial implications
41. Impending shortfalls and overspending
The Accounting Officer must—Chapter 9
Supply chain management
42. Application of this Chapter
This Chapter applies to—43. Supply chain management policy
The Executive Authority must prescribe a supply chain management policy which—44. Implementation of system
The Accounting Officer must—45. Supply Chain Management Committee
In consultation with the Executive Authority, the Accounting Officer may-46. Unsolicited offers
47. Tenders not recommended
48. Members of the Legislature barred from serving on tender committees
No Member of the Legislature may—49. Interference
No person may—50. Prohibition on contracts
No contract to provide goods or services to the Legislature may be awarded to a Member of Parliament, to a Member of a Provincial Legislature, to a Municipal Councilor, to a person in the employ of the State or to any entity in which such a person is a Director or has a controlling or other substantial interest.[section 50, previously section 51, renumbered by section 9 of Act 5 of 2010]Chapter 10
Audit committee and internal audit unit
51. Establishment of audit committee
52. Functions of audit committee
53. Allegations against the Accounting Officer
If the audit committee becomes aware of information implicating the Accounting Officer in fraud, corruption or gross negligence, it must report this promptly to the Executive Authority.[section 53, previously section 54, renumbered by section 9 of Act 5 of 2010]54. Internal audit unit
Chapter 11
Reporting and auditing
Part 1 – In-year reporting
55. Monthly financial statements
56. Quarterly performance reports
Within 30 days of the end of each quarter, the Accounting Officer must report to the Executive Authority on the Legislature's performance in implementing the annual performance plan in that quarter.[section 56, previously section 57, renumbered by section 9 of Act 5 of 2010]57. Mid-year budget and performance assessment
58. Submission of reports to the Legislature
The Executive Authority must table the monthly, quarterly and mid-year reports in the Legislature within five working days of receiving the reports, unless the Legislature is currently in recess, in which case the reports shall be tabled at the first sitting of the Legislature after the Legislature is back in session.[section 58, previously section 59, renumbered by section 9 of Act 5 of 2010]Part 2 – Annual report, financial statements and auditing
59. Preparation of annual reports
60. Preparation of financial statements
61. Submission of annual financial statements
62. Auditing of annual financial statements
63. Submission of annual report
The Accounting Officer must submit the Legislature's annual report to the Executive Authority within five months of the end of the financial year concerned.[section 63, previously section 64, renumbered by section 9 of Act 5 of 2010]64. Tabling of annual report
65. Issues raised in audit reports
The Accounting Officer must—66. Consequences of non-compliance with certain provisions
Part 3 – General reporting responsibilities
67. Reporting of irregularities
The Accounting Officer must report particulars of any unauthorized, irregular or fruitless and wasteful expenditure to the Executive Authority immediately on discovery.[section 67, previously section 68, renumbered by section 9 of Act 5 of 2010]68. Other information
The Accounting Officer must comply with any request by the Executive Authority or the Auditor-General for information, returns, documents, explanations and motivations.[section 68, previously section 69, renumbered by section 9 of Act 5 of 2010]Chapter 12
Regulations and instructions
69. Regulations and instructions
Chapter 13
Financial misconduct
Part 1 – Disciplinary proceedings
70. Financial misconduct by the Accounting Officer
71. Financial misconduct by officials
Part 2 – Criminal proceedings
72. Offences
73. Penalties
A person convicted of an offence in terms of section 73 is liable to imprisonment for a period not exceeding five years or to an appropriate fine determined in terms of applicable legislation or both.[section 73, previously section 74, renumbered by section 9 of Act 5 of 2010]74. Liability of functionaries exercising powers and functions in terms of this Act
75. Repeal of laws
The laws mentioned in the first and second columns of Schedule 2 are hereby repealed to the extent indicated in the third column of Schedule 2.[section 75, previously section 76, renumbered by section 9 of Act 5 of 2010]76. Transitional provision
Anything purported to have been done for and on behalf of the Legislature, and any person or persons appointed to the staff of the Legislature in terms of this Act, prior to the commencement of this Act, shall be deemed to have been done or appointed in terms of the provisions of this Act.[section 76, previously section 77, renumbered by section 9 of Act 5 of 2010]77. Short title and commencement
This Act is called the North West Provincial Legislature Management Act, 3 of 2007 and shall come into operation on the 1st of April 2008.[section 77, previously section 78, renumbered by section 9 of Act 5 of 2010]History of this document
30 May 2011 this version
30 May 2008
Assented to
01 April 2008
Commenced
Cited documents 4
Legislation 4
1. | Constitution of the Republic of South Africa, 1996 | 4487 citations |
2. | Public Finance Management Act, 1999 | 2174 citations |
3. | Labour Relations Act, 1995 | 2079 citations |
4. | Banks Act, 1990 | 855 citations |