Page:South Africa Act Further Amendment Act 1959.djvu/2

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Act No. 48 of 1959.

Amendment of section 89 of South Africa Act, 1909, as amended by section 28 of Act 38 of 1945.

2. (1) Section eighty-nine of the principal Act is hereby amended by the insertion after sub-section (1) of the following sub-section:

“(1)bis The Governor-General-in-Council may make regulations for the provinces prescribing―

(a)

the form of estimates required for presentation to the provincial council;

(b)

the system which shall be observed for―

(i)		the collection, receipt, banking, custody, issue, expenditure, care and management of provincial moneys as defined in paragraph (b) of sub-section (5) of section ninety-two; and
(ii)		the control of stores;

(c)

the officers or other persons who shall receive, hold, issue, account for, manage or otherwise deal with such provincial moneys, stores, stamps or securities, and the duties and responsibilities of such officers or persons,

and generally for the better administration of the provincial revenue fund.”.

(2) Sub-section (4) of section five of the Financial Relations Consolidation and Amendment Act, 1945 (Act No. 38 of 1945), is hereby repealed.

Amendment of section 92 of South Africa Act, 1909.

3. (1) Section ninety-two of the principal Act is hereby amended by the addition of the following subsections:

“(5)  (a)

If any person who is or was in the employment of a province―

(i)		has failed to collect any moneys owing to that province for the collection of which he is or was responsible; or
(ii)		is or was responsible for any improper payment of provincial moneys or for any payment of such moneys which is not duly vouched; or
(iii)		is or was responsible for any deficiency in, or for the destruction of or any damage to, any provincial moneys, stamps, securities, stores or other property of a province; or
(iv)		has caused a province any loss by a failure to carry out a specific duty,

and a proper explanation is not, within a period specified by an auditor referred to in sub-section (1), furnished to such auditor with regard to such failure to collect, improper payment, payment not duly vouched, deficiency, destruction, damage or failure to carry out a duty, that auditor may surcharge against the said person the amount not collected or the amount of such payment, deficiency, damage or loss or the value of the property destroyed, as the case may be, or such lesser amount or value as he may in

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