Question NW849 to the Minister of Finance
07 April 2016 - NW849
Steenhuisen, Mr JH to ask the Minister of Finance
(1)On what date did sections (a) 51, (b) 52, (c) 53 and (d) 54 of the Financial Management of Parliament and Provincial Legislatures Act, Act 10 of 2009 as amended come into operation; (2) was any exemption from compliance with any of the specified sections granted by the National Treasury to the Parliament of RSA; if not, has the National Treasury satisfied itself that the Parliament of RSA is compliant with each of the specified sections in the specified Act; if so, (a) on what date was the exemption granted and (b) what were the grounds for such exemptions?
Reply:
(1) Sections 51, 52, 53 and 54 of the Financial Management Parliament and Provincial Legislatures Act, 2009 (Act No. 10 of 2009), as amended (herein called “the Act”), took effect on 19 April 2009. The Act was amended by the Financial Management of Parliament Amendment Act, 2014 (Act No. 34 of 2014), which took effect on 1 April 2015. The mentioned sections of the Act were not amended by Act No. 34 of 2014.
(2) The Act does not confer authority on the National Treasury to grant exemptions from compliance with any of its provisions to Parliament. The National Treasury is not seized with the administration of the Act and ensuring compliance with its provisions. Sections 51 to 53 of the Act impose obligations on the Accounting Officer of Parliament, i.e. the Secretary to Parliament, while section 54 of the Act imposes obligations on the Executing Authority of Parliament, i.e. the presiding officers of the National Assembly and the National Council of Provinces, acting jointly, and also on Parliament. The oversight mechanism envisaged in section 4 of the Act is tasked with maintaining oversight of the financial management of Parliament.