REPUBLIC OF SOUTH AFRICA
_______________
PORTFOLIO COMMITTEE AMENDMENTS
TO
STATE LIABILITY AMENDMENT
BILL
_______________
(As agreed to by the
Portfolio Committee on Justice and Constitutional Development (National
Assembly))
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[B
2A—2011]
AMENDMENTS AGREED
TO
_______________
STATE LIABILITY AMENDMENT BILL
[B
2—2011]
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CLAUSE
1
Clause
rejected.
NEW
CLAUSE
1. That the following
be a new Clause:
Substitution of
section 2 of Act 20 of 1957, as amended by section 1 of Act 201 of
1993
"Proceedings to be
taken against [Minister] executive authority of department
concerned
CLAUSE
2
Clause
rejected.
NEW
CLAUSE
1. That the
following be a new clause:
Substitution of
section 3 of Act 20 of 1957, as amended by section 36 of Act 9 of 1989 and
substituted by section 2 of Act 201 of 1993
(ii) within the time period agreed upon by the judgment creditor and the accounting officer of the department concerned.
(b) acceptable arrangements have been made with the judgment creditor for the satisfaction of the judgment debt, should there be inadequate funds available in the vote of the department concerned.
(i) would severely disrupt service delivery, threaten life or put the security of the public at risk; or
(a) make or issue appropriate regulations, instructions, circulars, guidelines and reporting rules;
(b) issue a direction to a department to make a payment in order to satisfy any outstanding final court order;
(c) conduct an investigation, inspection or review into any failure by a department to pay any outstanding final court orders;
(d) issue an instruction to take remedial action or to obtain specified support, where─
(i) there has been non-compliance by a department with the provisions of this section, or regulations, instructions, circulars, guidelines or directions made or issued by the relevant treasury; or
(ii) there is a need for intervention in view of the financial, governance or management situation, condition or failure of a department;
(e) withhold from a department’s voted funds sufficient funds to provide for the satisfaction of any outstanding final court order against a department, which funds may only be released to the department upon the submission of proof acceptable to the relevant treasury that the court order in question has been satisfied;
(f) satisfy any outstanding final court order on behalf of a department, which satisfaction must be recorded and debited against the appropriated budget of the department concerned; or
(g) debit the costs associated with the satisfaction of a final court order provided for in paragraph (f), an administration charge and a penalty from the appropriated budget of the department concerned.
CLAUSE
3
Clause
rejected.
NEW
CLAUSE
1. That the
following be a new Clause:
'accounting officer' means a person referred to in section 36 of the Public Finance Management Act;
'appropriated budget' means the budget of a department which is appropriated in terms of appropriation legislation in the annual budget or an adjustments budget;
(a) a national department, means the Cabinet member who is accountable to Parliament for that department; and
(b) a provincial department, means the member of the Executive Council of a province who is accountable to the provincial legislature for that department;
(b) given by any other court where the time for noting an appeal against the judgment or order to a higher court has expired and no appeal has been lodged: Provided that where a court thereafter grants condonation for the late lodging of an appeal, an order given or confirmed by the court hearing such appeal;
Public Finance Management Act' means the Public Finance Management Act, 1999 (Act No. 1 of 1999);
(a) the National Treasury established by section 5 of the Public Finance Management Act; or
(b) a provincial treasury established by section 17 of the Public Finance Management Act,
(a) the Uniform Rules of Court published under Government Notice No. R. 48 of 12 January 1965;
(b) the Magistrates' Courts Rules published under Government Notice No. R. 740 of 23 August 2010; and
(c) any other rule applicable to any other
court, established by an Act of
Parliament.".
NEW
CLAUSE
1. That the
following be a new Clause to follow Clause 3:
"Transitional
measures
CLAUSE
4
1. On page 4, in
line 5, after "on" to insert "30 August 2011 or an
earlier".
2. On page 4, in line 5, to omit "a".