Government Gazette

REPUBLIC OF SOUTH AFRICA

Cape Town
Vol. 662 Kaapstad 18 August 2020 No. 43624

THE PRESIDENCY MOPRESIDENTE

No. 893 18 August 2020 No. 893 18 August 2020

 
It is hereby notified that the President Go itsisiwi fano gore MoPresidente o
has assented to the following Act, which saennwe Molao o o latelang o o phasale-
is hereby published for general informa- diwang kitso ya botlhe fano:—
tion:—

Act No. 11 of 2020: Adjustments Appro- No. 11 wa 2020: Molao wa Diphetolo tsa
priation Act, 2020 Tekanyetso, 2020

ISSN 1682-5843
43624

9 771682 584003

AIDS HELPLINE: 0800-0123-22 Prevention is the cure

 2   No. 43624 GOVERNMENT GAZETTE, 18 AUGUST 2020

Act No. 11 of 2020 Adjustments Appropriation Act, 2020

GENERAL EXPLANATORY NOTE:

[ ] Words in bold type in square brackets indicate omissions from

(English text signed by the President)
existing enactments.
(Assented to 14 August 2020)
Words underlined with a solid line indicate insertions in
existing enactments.

GENERAL EXPLANATORY NOTE:

[ ] Words in bold type in square brackets indicate omissions from

existing enactments.
Words underlined with a solid line indicate insertions in
existing enactments.

ACT
To effect adjustments to the appropriation of money from the National Revenue
Fund for the requirements of the State in respect of the 2020/21 financial year; and
to provide for matters incidental thereto.

PREAMBLE

ACT
WHEREAS section 213(2) of the Constitution of the Republic of South Africa, 1996,
provides that money may be withdrawn from the National Revenue Fund only in terms
of an appropriation by an Act of Parliament or as a direct charge against that Fund, when
it is provided for in the Constitution of the Republic of South Africa, 1996, or an Act of
To effect adjustments to the appropriation of money from the National Revenue
Parliament;
Fund for the requirements of the State in respect of the 2020/21 financial year; and
WHEREAS
to provide forthematters incidental
Appropriation thereto.
Act, 2020 (Act No. 7 of 2020), provides for the
appropriation of money from the National Revenue Fund to provide for the
requirements of the State in respect PREAMBLE
of the 2020/21 financial year;

AND
WHEREAS WHEREAS sectionsection
213(2)12(1)
of theand (2) of the of
Constitution Money Bills andofRelated
the Republic Matters1996,
South Africa, Act,
2009 (Actthat
provides No.money
9 of 2009),
may be provides for the
withdrawn fromtabling of a national
the National adjustments
Revenue Fund onlybudget, as
in terms
of an appropriation
envisaged in sectionby30
an of
Actthe
of Parliament or as Management
Public Finance a direct chargeAct,
against
1999that Fund,
(Act No.when
1 of
it is provided
1999), with anfor in the Constitution
adjustments of theBill,
appropriation Republic
to make ofadjustments
South Africa,
to 1996, or an Act of
the appropriations
Parliament;
in an Appropriation Act,

WHEREAS the Appropriation Act, 2020 (Act No. 7 of 2020), provides for the

B
appropriation of money
E IT THEREFORE
requirements
from thebyNational
ENACTED Revenue
the Parliament Fund
of the to provide
Republic
of the State in respect of the 2020/21 financial year;
as follows:—
of Southfor the
Africa,

AND WHEREAS section 12(1) and (2) of the Money Bills and Related Matters Act,
Interpretation
2009 (Act No. 9 of 2009), provides for the tabling of a national adjustments budget, as
envisaged
1. In thisinAct,
section 30the
unless ofcontext
the Public Finance
indicates Management
otherwise, Act,
any word or 1999 (Act No.
expression 1 of
to which
1999), withhas
a meaning an adjustments
been assignedappropriation
in section 1Bill, to make
of the adjustments
Appropriation Act,to2020
the appropriations
(Act No. 7 of 5
in an Appropriation
2020), or section 1 of Act,
the Public Finance Management Act, 1999 (Act No. 1 of 1999),
must bear the meaning so assigned.

B E IT THEREFORE
Adjustments ENACTED
to appropriations
as follows:—
by the Parliament
of money of the Republic
for requirements of Stateof South Africa,

2. (1) Adjustments to appropriations by Parliament of money from the National

Interpretation
Revenue Fund for the requirements of the State in the 2020/21 financial year to votes 10
and the main divisions within a vote, and amendments to the purposes that are specified,
are1.setInout
thisinAct,
theunless the context indicates otherwise, any word or expression to which
Schedule.
a meaning has been assigned in section 1 of the Appropriation Act, 2020 (Act No. 7 of 5
2020), or section 1 of the Public Finance Management Act, 1999 (Act No. 1 of 1999),
must bear the meaning so assigned.

Adjustments to appropriations of money for requirements of State

This gazette is also available free online at www.gpwonline.co.za
2. (1) Adjustments to appropriations by Parliament of money from the National
Revenue Fund for the requirements of the State in the 2020/21 financial year to votes 10
and the main divisions within a vote, and amendments to the purposes that are specified,
 GOVERNMENT GAZETTE, 18 AUGUST 2020 No. 43624   3

Molao wa Diphetolo tsa Tekanyetso, 2020 No. 11 wa 2020

(English text signed by the President)

(Assented to 14 August 2020)

This gazette is also available free online at www.gpwonline.co.za

 4   No. 43624 GOVERNMENT GAZETTE, 18 AUGUST 2020

Act No. 11 of 2020 Adjustments Appropriation Act, 2020

(2) The spending of appropriations envisaged in subsection (1) is subject to this Act,
the Public Finance Management Act and the Division of Revenue Act, 2020 (Act No. 4
of 2020).

Amounts listed as specifically and exclusively appropriated

3. An amount that is marked specifically and exclusively in the Schedule may be used 5
only for the purpose indicated, unless the amount or purpose is amended by, or in terms
of, an Act of Parliament.

Conditions for appropriations

4. (1) The Minister may, in writing—

(a) impose conditions on an amount in the Schedule, other than a conditional 10
allocation, in order to promote transparency and accountability and the
effective management of the appropriation; and
(b) stop the use of an amount in respect of which conditions imposed in terms of
paragraph (a) are not met.
(2) The stoppage of an amount in terms of subsection (1)(b) must be disclosed in the 15
National Treasury’s next quarterly report to the relevant Parliamentary Committees.

Use of unspent funds

5. (1) Despite section 3 of this Act, section 3 of the Appropriation Act, 2020, and
section 43(4) of the Public Finance Management Act, the Minister may, for purposes of
service delivery, approve that unspent funds in an amount in the Schedule appropriated 20
for—
(a) compensation of employees, be used within the same vote for transfers and
subsidies for the payment of severance or exit packages;
(b) goods and services, be used within the same vote for compensation of
employees; 25
(c) transfers and subsidies to other institutions, be used elsewhere within the same
main division; or
(d) payments for capital assets, be used elsewhere in any main division within the
same vote.
(2) The Minister may not approve the use of unspent funds in terms of subsection 30
(1)(c) or (d) for compensation of employees.
(3) The sum of the unspent funds in a main division of a vote approved for use in
another main division of that vote in terms of—
(a) subsection (1); and
(b) section 43(1) of the Public Finance Management Act, 35
may not exceed eight per cent of the amount appropriated under that main division.
(4) The approval of the use of unspent funds in terms of subsection (1) must be
disclosed in the National Treasury’s next quarterly report to the relevant Parliamentary
Committees.

Delegations and authorisations 40

6. (1) The Minister may—

(a) delegate to an employee of the National Treasury any power conferred on the
Minister in terms of this Act, except section 7; and
(b) authorise an employee of the National Treasury to perform any duty imposed
on the Minister in terms of this Act. 45
(2) A delegation or authorisation in terms of subsection (1)—
(a) must be in writing;
(b) is subject to any limitations or conditions that the Minister may impose;
(c) may authorise the employee to sub-delegate, in writing, the delegated power
or authorised duty to another suitable employee of the National Treasury; 50

This gazette is also available free online at www.gpwonline.co.za

 GOVERNMENT GAZETTE, 18 AUGUST 2020 No. 43624   5

Molao wa Diphetolo tsa Tekanyetso, 2020 No. 11 wa 2020

This gazette is also available free online at www.gpwonline.co.za

 6   No. 43624 GOVERNMENT GAZETTE, 18 AUGUST 2020

Act No. 11 of 2020 Adjustments Appropriation Act, 2020

(d) does not divest the Minister of the responsibility concerning the exercise of
the delegated power or the performance of the authorised duty; and
(e) may be withdrawn by the Minister in writing.
(3) The Minister may vary or revoke any decision taken by an employee as a result of
a delegation or authorisation in terms of subsection (1), subject to any rights that may 55
have vested as a result of the decision.

Regulations

7. The Minister may, by notice in the Gazette, make regulations regarding any
ancillary or incidental administrative or procedural matter that it is necessary to
prescribe for the proper implementation or administration of this Act.

Amendment of section 6 of Act 7 of 2020 5

8. Section 6 of the Appropriation Act, 2020 (Act No. 7 of 2020), is hereby amended
by the substitution for the introductory part of subsection (1) of the following:
‘‘(1) Despite any provision in any other legislation to the contrary, and before
[an] the second Adjustments Appropriation Bill is introduced in Parliament, the
Minister may approve expenditure, if it cannot reasonably be delayed without 10
negatively affecting service delivery and such expenditure—’’.

Short title

9. This Act is called the Adjustments Appropriation Act, 2020.

This gazette is also available free online at www.gpwonline.co.za

 GOVERNMENT GAZETTE, 18 AUGUST 2020 No. 43624   7

Molao wa Diphetolo tsa Tekanyetso, 2020 No. 11 wa 2020

This gazette is also available free online at www.gpwonline.co.za

 8   No. 43624 GOVERNMENT GAZETTE, 18 AUGUST 2020

Act No. 11 of 2020 Adjustments Appropriation Act, 2020

This gazette is also available free online at www.gpwonline.co.za

 GOVERNMENT GAZETTE, 18 AUGUST 2020 No. 43624   9

Molao wa Diphetolo tsa Tekanyetso, 2020 No. 11 wa 2020

This gazette is also available free online at www.gpwonline.co.za

 10   No. 43624 GOVERNMENT GAZETTE, 18 AUGUST 2020

Act No. 11 of 2020 Adjustments Appropriation Act, 2020

10

This gazette is also available free online at www.gpwonline.co.za

 GOVERNMENT GAZETTE, 18 AUGUST 2020 No. 43624   11

Molao wa Diphetolo tsa Tekanyetso, 2020 No. 11 wa 2020

This gazette is also available free online at www.gpwonline.co.za

 12   No. 43624 GOVERNMENT GAZETTE, 18 AUGUST 2020

Act No. 11 of 2020 Adjustments Appropriation Act, 2020

12

This gazette is also available free online at www.gpwonline.co.za

 GOVERNMENT GAZETTE, 18 AUGUST 2020 No. 43624   13

Molao wa Diphetolo tsa Tekanyetso, 2020 No. 11 wa 2020

This gazette is also available free online at www.gpwonline.co.za

 14   No. 43624 GOVERNMENT GAZETTE, 18 AUGUST 2020

Act No. 11 of 2020 Adjustments Appropriation Act, 2020

14

This gazette is also available free online at www.gpwonline.co.za

 GOVERNMENT GAZETTE, 18 AUGUST 2020 No. 43624   15

Molao wa Diphetolo tsa Tekanyetso, 2020 No. 11 wa 2020

This gazette is also available free online at www.gpwonline.co.za

 16   No. 43624 GOVERNMENT GAZETTE, 18 AUGUST 2020

Act No. 11 of 2020 Adjustments Appropriation Act, 2020

16

This gazette is also available free online at www.gpwonline.co.za

 GOVERNMENT GAZETTE, 18 AUGUST 2020 No. 43624   17

Molao wa Diphetolo tsa Tekanyetso, 2020 No. 11 wa 2020

This gazette is also available free online at www.gpwonline.co.za

 18   No. 43624 GOVERNMENT GAZETTE, 18 AUGUST 2020

Act No. 11 of 2020 Adjustments Appropriation Act, 2020

18

This gazette is also available free online at www.gpwonline.co.za

 GOVERNMENT GAZETTE, 18 AUGUST 2020 No. 43624   19

Molao wa Diphetolo tsa Tekanyetso, 2020 No. 11 wa 2020

This gazette is also available free online at www.gpwonline.co.za

 20   No. 43624 GOVERNMENT GAZETTE, 18 AUGUST 2020

Act No. 11 of 2020 Adjustments Appropriation Act, 2020

20

This gazette is also available free online at www.gpwonline.co.za

 GOVERNMENT GAZETTE, 18 AUGUST 2020 No. 43624   21

Molao wa Diphetolo tsa Tekanyetso, 2020 No. 11 wa 2020

This gazette is also available free online at www.gpwonline.co.za

 22   No. 43624 GOVERNMENT GAZETTE, 18 AUGUST 2020

Act No. 11 of 2020 Adjustments Appropriation Act, 2020

22

This gazette is also available free online at www.gpwonline.co.za

 GOVERNMENT GAZETTE, 18 AUGUST 2020 No. 43624   23

Molao wa Diphetolo tsa Tekanyetso, 2020 No. 11 wa 2020

This gazette is also available free online at www.gpwonline.co.za

 24   No. 43624 GOVERNMENT GAZETTE, 18 AUGUST 2020

Act No. 11 of 2020 Adjustments Appropriation Act, 2020

24

This gazette is also available free online at www.gpwonline.co.za

 GOVERNMENT GAZETTE, 18 AUGUST 2020 No. 43624   25

Molao wa Diphetolo tsa Tekanyetso, 2020 No. 11 wa 2020

This gazette is also available free online at www.gpwonline.co.za

 26   No. 43624 GOVERNMENT GAZETTE, 18 AUGUST 2020

Act No. 11 of 2020 Adjustments Appropriation Act, 2020

26

This gazette is also available free online at www.gpwonline.co.za

 GOVERNMENT GAZETTE, 18 AUGUST 2020 No. 43624   27

Molao wa Diphetolo tsa Tekanyetso, 2020 No. 11 wa 2020

This gazette is also available free online at www.gpwonline.co.za

 28   No. 43624 GOVERNMENT GAZETTE, 18 AUGUST 2020

Act No. 11 of 2020 Adjustments Appropriation Act, 2020

28

This gazette is also available free online at www.gpwonline.co.za

 GOVERNMENT GAZETTE, 18 AUGUST 2020 No. 43624   29

Molao wa Diphetolo tsa Tekanyetso, 2020 No. 11 wa 2020

This gazette is also available free online at www.gpwonline.co.za

 30   No. 43624 GOVERNMENT GAZETTE, 18 AUGUST 2020

Act No. 11 of 2020 Adjustments Appropriation Act, 2020

30

This gazette is also available free online at www.gpwonline.co.za

 GOVERNMENT GAZETTE, 18 AUGUST 2020 No. 43624   31

Molao wa Diphetolo tsa Tekanyetso, 2020 No. 11 wa 2020

This gazette is also available free online at www.gpwonline.co.za

 32   No. 43624 GOVERNMENT GAZETTE, 18 AUGUST 2020

Act No. 11 of 2020 Adjustments Appropriation Act, 2020

32

This gazette is also available free online at www.gpwonline.co.za

 GOVERNMENT GAZETTE, 18 AUGUST 2020 No. 43624   33

Molao wa Diphetolo tsa Tekanyetso, 2020 No. 11 wa 2020

This gazette is also available free online at www.gpwonline.co.za

 34   No. 43624 GOVERNMENT GAZETTE, 18 AUGUST 2020

Act No. 11 of 2020 Adjustments Appropriation Act, 2020

34

This gazette is also available free online at www.gpwonline.co.za

 GOVERNMENT GAZETTE, 18 AUGUST 2020 No. 43624   35

Molao wa Diphetolo tsa Tekanyetso, 2020 No. 11 wa 2020

This gazette is also available free online at www.gpwonline.co.za

 36   No. 43624 GOVERNMENT GAZETTE, 18 AUGUST 2020

Act No. 11 of 2020 Adjustments Appropriation Act, 2020

36

This gazette is also available free online at www.gpwonline.co.za

 GOVERNMENT GAZETTE, 18 AUGUST 2020 No. 43624   37

Molao wa Diphetolo tsa Tekanyetso, 2020 No. 11 wa 2020

This gazette is also available free online at www.gpwonline.co.za

 38   No. 43624 GOVERNMENT GAZETTE, 18 AUGUST 2020

Act No. 11 of 2020 Adjustments Appropriation Act, 2020

38

This gazette is also available free online at www.gpwonline.co.za

 GOVERNMENT GAZETTE, 18 AUGUST 2020 No. 43624   39

Molao wa Diphetolo tsa Tekanyetso, 2020 No. 11 wa 2020

This gazette is also available free online at www.gpwonline.co.za