Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/62

Chapter 12

Finance

General Financial Affairs

National Revenue Fund

185. (1) There is hereby established a National Revenue Fund, into which shall be paid all revenues, as may be defined by an Act of Parliament, raised or received by the national government, and from which appropriations shall be made by Parliament in accordance with this Constitution or any applicable Act of Parliament, and subject to the charges imposed thereby.

(2) No money shall be withdrawn from the National Revenue Fund, except under appropriation made by an Act of Parliament in accordance with this Constitution: Provided that revenue to which a province is entitled in terms of section 155(2)(a) and (b) shall form a direct charge against the National Revenue Fund to be credited to the respective Provincial Revenue Funds.

Annual budget

186. The Minister responsible for national financial affairs shall in respect of every financial year cause to be laid before the National Assembly an annual budget reflecting the estimates of revenue and expenditure, which shall, inter alia, reflect capital and current expenditure of the government for that year.

Procurement administration

187. (1) The procurement of goods and services for any level of government shall be regulated by an Act of Parliament and provincial laws, which shall make provision for the appointment of independent and impartial tender boards to deal with such procurements.

(2) The tendering system referred to in subsection (1) shall be fair, public and competitive, and tender boards shall on request give reasons for their decisions to interested parties.

(3) No organ of state and no member of any organ of state or any other person shall improperly interfere with the decisions and operations of the tender boards.

(4) All decisions of any tender board shall be recorded.

Guarantees by national government

188. The national government may not guarantee any provincial or local government loan, unless—

(a)

the guarantee complies with the norms and conditions for such a guarantee as set out in an Act of Parliament; and

(b)

the Financial and Fiscal Commission has made a recommendation concerning compliance of the guarantee concerned with such norms and conditions.

Special pensions

189. (1) Provision shall be made by an Act of Parliament for the payment of special pensions by the national government to—

(a)

persons who have made sacrifices or who have served the public interest in the establishment of a democratic constitutional order, including members of any armed or military force not established by or under any law and which is under the authority and control of, or associated with and promotes the objectives of, a political organisation; or

(b)

dependants of such persons.

(2) The Act of Parliament referred to in subsection (1) shall prescribe the