Page:South Africa Act Further Amendment Act 1959.djvu/3

From Wikisource
Jump to navigation Jump to search
This page has been validated.
560
South Africa Act Further Amendment

Act No. 48 of 1959.


the circumstances of the case deem fit, and the amount of any such surcharge shall, subject to the provisions of sub-section (9), be a debt due from the person against whom the surcharge is made.
(b) For the purposes of paragraph (a) ‘provincial moneys’ shall include all revenues and moneys referred to in sub-section (1) of section eighty-nine and all other moneys whatsoever received or held by, for or on account of a province.

(6) The auditor making any such surcharge shall notify the Administrator concerned of that surcharge, and such Administrator shall, subject to the provisions of sub-section (9), recover the amount thereof from the person liable to pay the same: Provided that, unless the Administrator otherwise directs, the amount of any such surcharge which is due from a person in the employment of a province, shall be recovered in equal monthly instalments by deductions from his monthly salary not exceeding one-fourth of such salary.

(7) The amount of any such surcharge may be recovered by the Administrator concerned by action in any competent court, and in the event of any such action being instituted against a person referred to in the proviso to sub-section (6) that proviso shall not apply.

(8) The auditor concerned may at any time withdraw a surcharge in respect of which a satisfactory explanation has been received or if it otherwise appears that no surcharge should have been made, and he shall at once notify the Administrator concerned of any such withdrawal of surcharge.

(9)  (a) Any person who is dissatisfied with any surcharge made against him by an auditor may, within a period of one month after he has been notified by such auditor of the surcharge, or within such further period as the Administrator concerned may allow, appeal to that Administrator and, after such further investigation as may be considered necessary, that Administrator may make such order directing that the appellant be released wholly or in part from the surcharge as may appear to be just and reasonable.
(b) The auditor concerned shall be informed of every such order.
(c) The Administrator concerned shall present a complete list of all surcharges remitted in whole or in part in accordance with the provisions of this sub-section, to the provincial council as soon as possible if the council be then in session, or, if the council be not then in session, within seven days after the commencement of its next ensuing session.

(10) Any person against whom a surcharge has been raised, may, instead of appealing to the Administrator