Page:Provincial Government Act 1986.djvu/10

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Schedule

Part 1

A. Amendment of provisions of the Republic of South Africa Constitution Act, 1983 (Act No. 110 of 1983), as follows:―

1. Amendment of section 55 by the substitution for paragraph (b) of subsection (2) of the following paragraph:

“(b)

is appointed to the office of administrator of a province or of member of the executive committee of a province, shall vacate his seat as a member of such House with effect from the date on which he assumes such office.”.

2. Amendment of section 71 by the substitution for subparagraph (c) of subsection (3) of the following subparagraph:

“(c)

if he becomes a member of a House or [of a provincial council] is appointed as administrator or member of an executive committee of a province in terms of the Provincial Government Act, 1986;”.

3. Amendment of section 82―

(a)

by the substitution for subsection (1) of the following subsection:

“(1) In respect of the State Revenue Fund there shall be―

(a)

a State Revenue Account, which shall, subject to the provisions of [paragraph] paragraphs (b) and (c) and subsection (2), be credited with all revenues and from which shall be defrayed all expenditure and be paid any amounts with which it is charged in terms of this Act or any other law;”;

(b)

by the addition to subsection (1) of the following paragraph:

(c)

the accounts in connection with the administration of a provincial matter which may be prescribed by any general law and which shall be credited with all revenues accruing to them in terms of this Act or any other law and from which shall be defrayed all expenditure and be paid any amounts with which they are charged in terms of this Act or any other law.”; and

(c)

by the addition of the following subsection:

“(3) Where a law provides that any revenue mentioned therein shall be paid into a provincial revenue fund or that expenditure so mentioned shall be defrayed from such fund, such revenue shall be paid into and such expenditure shall be defrayed from the appropriate account contemplated in subsection (1) (c).”

4. Amendment of section 98 by the substitution in subsection (2) for the words “ordinance of a province” of the words “Act of Parliament”.

B. Amendment of the Interpretation Act, 1957 (Act No. 33 of 1957)―

(a)		by the substitution in section 2 for the definition of “Administrator” of the following definition: “‘administrator’, with reference to a province, means the person appointed as administrator in terms of section 7 of the Provincial Government Act, 1986, acting in consultation with the other members of the executive committee of which he is a member;”; and
(b)		by the substitution for section 17 of the following section:

“List of certain proclamations and notices to be laid before Parliament.

17. When the State President, [or] a Minister or the administrator of a province is by any law authorized to make rules or regulations for any purpose in such law stated, or when an administrator acts in terms of section 14 (2) (a) of the Provincial Government Act, 1986, notwithstanding the provisions of any law to the contrary, a list of the proclamations, [or] government notices and provincial notices under which such rules, [or] regulations or action were published in the Gazette during the period covered in the list, stating in each case the number, date and title of the proclamation, [or] government notice or provincial notice and the number and date of the Gazette in which it was published, shall be laid upon the Table in the [Senate or in the House of Assembly] House concerned or in Parliament, as the case may be, within fourteen days after the publication of the rules, [or] regulations or action in the Gazette, if Parliament is then in session, or if Parliament is not then in session, within fourteen days after the commencement of its next ensuing session.”.

C. Amendment of the Exchequer and Audit Act, 1975 (Act No. 66 of 1975), as follows:―

1. Amendment of section 1 by the substitution in subsection (1) for the definition of “revenue” of the following definition:

“revenue” means all moneys received by way of taxes, imposts or duties and all casual and other receipts of the State, whatever the source, which may be appropriated by Parliament or the relevant House of Parliament, according to the circumstances, and includes moneys borrowed in terms of the provisions of this Act, but does not include the amount of any fine not exceeding R50 imposed upon any person by any court of law, in so far as such amount has not been paid, and revenue accruing to the South African Transport Services and the Post Office Fund [and a provincial revenue fund]”;

2. Amendment of section 2 by the insertion in subsection (1) of the following paragraph:

“(c)

each of the accounts established by section 82 (1) (c) of the Constitution Act, to be called―

(i)		in the case of the province of the Cape of Good Hope, the Account for Provincial Services: Cape;
(ii)		in the case of the province of Natal, the Account for Provincial Services: Natal;
(iii)		in the case of the province of the Orange Free State, the Account for Provincial Services: Orange Free State; and
(iv)		in the case of the province of the Transvaal, the Account for Provincial Services: Transvaal,”.

3. Amendment of section 4―

(a)

by the substitution in subsection (1) for paragraph (a) of the following paragraph:

“(a)

in the case of moneys with which the State Revenue Account or an Account for Provincial Services referred to in section 2 (1) (c) has been credited, by Parliament; and”; and