Northern Cape
South Africa
South Africa
Northern Cape Direct Charges Act, 2004
Act 4 of 2004
- Published in Northern Cape Provincial Gazette 910 on 5 November 2004
- Assented to on 27 October 2004
- Commenced on 1 April 2003 by Northern Cape Direct Charges Act, 2004: Commencement
- [This is the version of this document from 5 November 2004 and includes any amendments published up to 4 March 2024.]
1. Definitions
In this Act, unless the context otherwise indicates—“Accounting Officer” means a person mentioned in section 36 of the Public Finance Management Act, 1999 (Act 1 of 1999);“Constitution” means the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996);“Direct Charge” means a withdrawal of funds from the Northern Cape Provincial Revenue Fund in terms of this Act;“Exclusion” means money excluded from deposits into the Provincial Revenue Fund as mentioned in section 22 of the Public Finance Management Act, 1999;“MEC for Finance” means the member of the Executive Council of the Province of Northern Cape responsible for finance;“National Treasury” means the Minister of Finance together with the national department or departments responsible for financial and fiscal matters;“Provincial Department” means a department within the Provincial Administration, Northern Cape, as listed in Column 1 of Schedule 2 of the Public Service Act 1994, as amended;“Provincial Legislature” means the Provincial Legislature of the Northern Cape;“Provincial Public Entity” means a provincial public entity as defined in section 1 of the Public Finance Management Act, 1999, situated in the Province of Northern Cape;“Provincial Revenue Fund” means the Provincial Revenue Fund established in terms of section 226 of the Constitution of the Republic of South Africa;“Provincial Treasury” means the member of the Executive Council responsible for finance in the Province of Northern Cape together with the Provincial Department responsible for financial matters;“the Act” means the Public Finance Management Act, 1999;“Unauthorised Expenditure” means overspending of a vote or a main division within a vote; expenditure not in accordance with the purpose of a vote or, in the case of a main division, not in accordance with the purpose of the main division, as mentioned in section 1 of the Public Finance Management Act, 1999.2. Purpose of Act
3. Withdrawal from Provincial Revenue Fund before annual budget is passed
If an annual budget is not passed before the start of the financial year to which it relates, funds may be withdrawn from the Provincial Revenue Fund as a direct charge against the Fund until the budget is passed, in accordance with section 29 of the Act.4. Withdrawal and investment from Provincial Revenue Fund
In accordance with section 24 of the Act, the Provincial Treasury may, as a direct charge against the Provincial Revenue Fund, withdraw funds from the Fund—5. Use of funds in emergency situations
Subject to the requirements of section 25 of the Act, the MEC for Finance may, as a direct charge against the Provincial Revenue Fund, authorise the use of funds from the Provincial Revenue Fund to defray expenditure of an exceptional nature which is currently not provided for and which cannot, without serious prejudice to the public interest in the Province of the Northern Cape, be postponed to a future appropriation by the Provincial Legislature.6. Withdrawal of exclusion from Provincial Revenue Fund
7. Utilisation of savings as virement between main divisions within vote
8. Other direct charges
Any other direct charges provided for in any other legislation, which are not inconsistent with the Act and this Act will mutatis mutandis apply as if incorporated into this Act.9. Repeal of Legislature
Section 2 of the Northern Cape Finance Management Supplementary Act, 2000 (Act No. 4 of 2000), is hereby repealed.10. Short title and commencement
This Act is called the Northern Cape Direct Charges Act, 2004, and shall come into operation on a date fixed by the Premier by Proclamation in the Provincial Gazette.History of this document
05 November 2004 this version
27 October 2004
Assented to
01 April 2003
Commenced by
Northern Cape Direct Charges Act, 2004: Commencement