Western Cape
South Africa
South Africa
Western Cape Health Facility Boards and Committees Act, 2016
Regulations Relating to the Financial Governance of Health Facility Boards and Committees, 2017
Provincial Notice 217 of 2017
- Published in Western Cape Provincial Gazette no. 7853 on 7 December 2017
- Commenced on 7 December 2017
- [This is the version of this document from 7 December 2017 and includes any amendments published up to 16 May 2023.]
1. Interpretation
In these regulations a word or expression to which a meaning has been assigned in the Act has the same meaning and, unless the context indicates otherwise—"Associated Board" means a Board designated for a Committee for the purposes of taking receipt of, administering and accounting for the funds raised by a Committee as contemplated in section 18(6) of the Act;"Associated Committee" means a Committee in respect of which a Board has been designated for the purposes of taking receipt of, administering and accounting for the funds raised by a Committee as contemplated in section 18(6) of the Act;"Chairperson" means the Chairperson of a Board or a Committee, as the case may be;"contingent liabilities" means existing liabilities that arise from past events and involve uncertainty as to the possibility of financial gain or loss to a Board and can be confirmed only on the occurrence or non-occurrence of one or more uncertain future events that are outside the control of the Board;"EFT" means electronic funds transfer;"employee" means an employee of a Board, including those appointed on a contractual basis as contemplated in section 11(g) of the Act, and includes a person co-opted as an advisor to a Board or to serve on a specialist committee in terms of section 23(3) of the Act;"finance committee" means the committee contemplated in regulation 3;"financial year" means the period that runs from 1 April to 31 March of the following year;"fruitless and wasteful expenditure" means fruitless and wasteful expenditure as defined in the PFMA;"head of a hospital" means an official in charge of a hospital for which a Board has been established;"official" means a person in the employ of the Department providing secretarial, administrative or financial accounting support as contemplated in section 18 of the Act or an official of the Department to whom a power or duty has been assigned in terms of the Act or these regulations;"PFMA" means the Public Finance Management Act, 1999 (Act 1 of 1999);"provincial executive" means the executive authority of the Province of the Western Cape;"the Act" means the Western Cape Health Facility Boards and Committees Act, 2016 (Act 4 of 2016);"trust" means a trust contemplated in section 24(3) of the Act;"unauthorised expenditure" means expenditure incurred in contravention of, or that is not in accordance with, a requirement in terms of these regulations, the Act or any other applicable law;"voucher" means a document comprising requisitions, orders, delivery notes, invoices or payment forms and, in the case of revenue, receipts.Chapter 1
Finance committee
2. Application of Chapter
This Chapter applies to Boards.3. Election and composition of finance committee
4. Mandate and recommendations of finance committee
5. Authority for signing of cheques and authorisation of EFTs
Chapter 2
Annual financial statements
6. Application of Chapter
This Chapter applies to Boards.7. Content and format of annual financial statements
8. Finalisation of annual financial statements
In order to comply with section 24(5) of the Act a Board must finalise its annual financial statements and have them available for audit within two months after the end of the financial year.Chapter 3
Audit reports
9. Application of Chapter
Regulations 10 to 13 apply to Boards and regulation 14 applies to Committees.10. Audit of annual financial statements
11. Boards exempt from audits
12. Investigation, ad hoc audit and submission of information
13. Tabling of audit reports
14. Financial examination applicable to Committees
Chapter 4
Asset management
15. Application of Chapter
This Chapter applies to Boards.16. Responsibility for asset management
17. Immovable property
A Board may only accept or dispose of immovable property—Chapter 5
Loans, guarantees, leases and other commitments
18. Application of Chapter
This Chapter applies to Boards.19. General
20. Lease transactions
Chapter 6
Trusts
21. Application of Chapter
This Chapter applies to Boards.22. Establishment of trust by Board and trust deed
23. Donations received from trust
Subject to Chapter 16, a Board may accept donations of money or property from a trust.Chapter 7
Investment of funds
24. Application of Chapter
This Chapter applies to Boards.25. Investment of funds
26. Declaration of personal interests
A Board must annually within two months after the end of its financial year submit to the Head of Department a declaration of personal interests in the form set out in Annexure A and signed by all the members of the finance committee.27. Funds invested on behalf of Committee
A Board may only invest funds held on behalf of a Committee with the prior written approval of the Committee.Chapter 8
General financial matters
28. Application of Chapter and general
29. Receipt books, face value and other forms that have potential value
30. Shareholding by Board
Details of shares held by a Board, excluding those managed by a trust, must be recorded in a register under the following headings—31. Personnel costs of Board
Chapter 9
Annual budget
32. Application of Chapter
This Chapter applies to Boards.33. Responsibility to table annual budget
If an annual operational budget is not approved before the start of the financial year to which it relates, funds to be withdrawn may not exceed the appropriation of the previous financial year until the budget is approved.34. Contents of annual budget
An annual budget must contain at least—Chapter 10
Expenditure management
35. Application of Chapter
This Chapter applies to Boards.36. Responsibility of Chairperson
The Chairperson must ensure that internal procedures and internal control measures are in place for the approval and processing of payments.37. Expenditure to be approved by Board
38. Payment by Board on behalf of Committee
39. Payments and vouchers
40. Orders and order forms
Chapter 11
Banking and cash management
41. Application of Chapter
This Chapter applies to Boards.42. Sound cash management
43. Current account and responsible persons
44. Private money, private bank accounts and cashing private cheques
45. Receipts
46. EFT into bank account of Board
47. Allocation of donations
48. Depositing of Board or Committee monies by member, employee or official
49. Cash withdrawals and deposits
50. Cheques
51. Paid cheques received
52. Reissue of cheques
53. Petty cash
54. EFTs by Boards
Chapter 12
Basic accounting records and related matters
55. Application of Chapter
This Chapter applies to Boards.56. Availability of financial information and safe custody
57. Changes to financial systems
Boards must ensure that amendments to existing or new computerised systems that affect financial reporting are in accordance with the reporting framework determined by the Provincial Minister as contemplated in section 24(5) of the Act.58. Control accounts and bookkeeping
59. Examination of records
Members, employees and officials assigned in writing to examine books and records must date and sign the relevant books and records as evidence that they have examined them.Chapter 13
Procedures applicable to committees for expenditure, banking and cash management and accounting matters
60. Application of Chapter
This Chapter applies to Committees.61. Expenditure by Committee
62. Orders and order forms
63. Receipt, banking and withdrawal of money
64. Receipts
65. Checking of monies
The person contemplated in regulation 63(1) must at least once a quarter carry out a check of all monies and face-value instruments.66. Petty cash
67. Basic accounting records
Chapter 14
Travelling and other allowances
68. Application of Chapter
Regulations 69 to 70 apply to Boards and regulation 71 applies to Committees.69. Advances and claims in respect of transport, travelling and subsistence expenses
70. Tariffs applicable
71. Advances and reimbursement of transport expenses in respect of Committees
Chapter 15
Gifts, donations and sponsorships
72. Application of Chapter
This Chapter is applicable to Boards and Committees.73. Granting of gifts, donations and sponsorships by Board or Committee
74. Acceptance by Board or Committee of gifts, bequests, donations and sponsorships
75. Identity of donors and sponsors
76. Raising funds
77. Affiliated bodies linked to health facilities
Chapter 16
Unauthorised expenditure and fruitless and wasteful expenditure of claims and losses
78. Application of Chapter
This Chapter applies to Boards and Committees.79. Responsibility of Chairperson
The Chairperson must exercise all reasonable care to prevent and detect unauthorised expenditure and fruitless and wasteful expenditure and must for this purpose implement effective, efficient and transparent processes of financial and risk management.80. Obligation to report
81. Recovery of losses
If an employee, member or official is responsible for losses or damages suffered by a Board or Committee resulting from unauthorised expenditure or fruitless and wasteful expenditure, the Chairperson must take all reasonable steps to recover the losses or damages from the responsible employee, member or official.82. Damages through criminal acts or omissions
83. Damages caused by former members, employees and officials
Chapter 17
Financial misconduct
84. Application of Chapter
This Chapter applies to Boards and Committees.85. Financial misconduct by member, employee or official
86. Financial misconduct procedures
87. Criminal proceedings
88. Reporting on disciplinary and criminal proceedings
Chapter 18
Miscallaneous
89. Repeal
The Regulations relating to the Payment of Transport Allowances to Members of Hospital Boards for Attending Meetings of such Boards, published under Provincial Notice 323 of 1956, are repealed.90. Short title
These regulations are called the Regulations Relating to the Financial Governance of Health Facility Boards and Committees, 2017.History of this document
07 December 2017 this version
Published in
Western Cape Provincial Gazette number 7853
Commences.