Page:South Africa Act 1909.djvu/34

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South Africa Act, 1909.

A.D. 1909.

amount of the loss incurred by reason of the provision of such services and facilities, and such amount shall be paid out of the Consolidated Revenue Fund to the Railway and Harbour Fund.

Controller and Auditor-General.

[1]132. The Governor-General-in-Council shall appoint a Controller and Auditor-General[2] who shall hold office during good behaviour: Provided that he shall be removed by the Governor-General-in-Council on an address praying for such removal presented to the Governor-General by both Houses of Parliament: provided further that when Parliament is not in session the Governor-General-in-Council may suspend such officer on the ground of incompetence or misbehaviour; and, when and so often as such suspension shall take place, a full statement of the circumstances shall be laid before both Houses of Parliament within fourteen days after the commencement of its next session; and, if an address shall at any time during the session of Parliament be presented to the Governor-General by both Houses praying for the restoration to office of such officer, he shall he restored accordingly; and if no such address be presented the Governor-General shall confirm such suspension and shall declare the office of Controller and Auditor-General to be, and it shall thereupon become, vacant. Until Parliament shall otherwise provide, the Controller and Auditor-General shall exercise such powers and functions and undertake such duties as may be assigned to him by the Governor-General-in-Council by regulations[3] framed in that behalf.

Compensation of colonial capitals for diminution of prosperity.

133. In order to compensate Pietermaritzburg and Bloemfontein for any loss sustained by them in the form of diminution of prosperity or decreased rateable value by reason of their ceasing to be the seats of government of their respective Colonies, there shall be paid from the Consolidated Revenue Fund for a period not exceeding twenty-five years to the municipal councils of such towns a grant of two per centum per annum on their municipal debts, as existing on the thirty-first day of January nineteen hundred and nine, and as ascertained by the Controller and Auditor-General. The Commission appointed under section one hundred and eighteen shall, after due inquiry, report to the Governor-General-in-Council what compensation should be paid to the municipal councils of Capetown and Pretoria for the losses, if any, similarly sustained by them. Such compensation shall be paid out of the Consolidated Revenue Fund for a period not exceeding twenty-five years, and shall not exceed one per centum per annum


  1. Repealed by Exchequer and Audit Act, 1911 (Act No. 21 of 1911), section one, post p. 616).
  2. For appointment of Controller and Auditor-General see Govt. Notice No. 127 of 1910 (Gazette, 1st July, 1910, p. 333); see also sub-section (4) of section four of the Exchequer and Audit Act, 1911, post p. 618).
  3. For these regulations see Goct. Notice No. 146 of 1910 (Gazette, 5th July, 1910, p. 386), and Govt. Notice No. 151 of 1910 (Gazette, 8th July, 1910, p. 404); but see now the Exchequer and Audit Act, 1911 (Act No. 21 of 1911, post p. 616).