Page:Republic of South Africa Constitution Act 1961 statute book scan.djvu/29

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Republic of South Africa Constitution

Act No. 32 of 1961.

the provisions of sub-section (1), not to be paid into the provincial revenue fund, but shall be accounted for and dealt with as the administrator may prescribe.


Assent to provincial ordinances.

89. (1) When a proposed ordinance has been passed by a provincial council it shall be presented by the administrator to the State President for his assent.

(2) The State President shall declare within one month from the presentation to him of the proposed ordinance that he assents thereto, or that he withholds assent, or that he reserves the proposed ordinance for further consideration.

(3) A proposed ordinance so reserved shall not have any force unless and until, within one year from the day on which it was presented to the State President he makes known by proclamation in the Gazette that it has received his assent.


Effect and enrolment of ordinances.

90. (1) An ordinance assented to by the State President and promulgated by the administrator shall, subject to the provisions of this Act, have the force of law within the province.

(2) The administrator shall cause two fair copies of every such ordinance, one being in the English and the other in the Afrikaans language (one of which copies shall have been signed by the State President), to be enrolled of record in the office of the Registrar of the Appellate Division of the Supreme Court of South Africa, and such copies shall be conclusive evidence as to the provisions of such ordinance, and, in case of conflict between the two copies so enrolled, that signed by the State President shall prevail.


Miscellaneous.


Audit of provincial accounts.

91. (1) In each province there shall be an auditor of accounts appointed in accordance with the laws governing the public service.

(2) The salary and any allowances of any such auditor shall be paid out of moneys appropriated by Parliament for the purpose.

(3) Any such auditor shall examine and audit the accounts of the province to which he is assigned subject to such regulations and orders as may be framed by the State President and approved by Parliament, and no warrant signed by the administrator authorizing the issuing of money shall have effect unless countersigned by such auditor.

(4) (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