Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/97

This page has been validated.
Government Gazette, 18 December 1996
No. 17678 95

Constitution of the Republic of South Africa, 1996 Act No. 108, 1996
Chapter 13—Finance

Chapter 13

Finance


General Financial Matters


National Revenue Fund

213.

(1)

There is a National Revenue Fund into which all money received by the national government must be paid, except money reasonably excluded by an Act of Parliament.

(2)

Money may be withdrawn from the National Revenue Fund only —

(a)

in terms of an appropriation by an Act of Parliament; or

(b)

as a direct charge against the National Revenue Fund, when it is provided for in the Constitution or an Act of Parliament.

(3)

A province’s equitable share of revenue raised nationally is a direct charge against the National Revenue Fund.


Equitable shares and allocations of revenue

214.

(1)

An Act of Parliament must provide for —

(a)

the equitable division of revenue raised nationally among the national, provincial and local spheres of government;

(b)

the determination of each province’s equitable share of the provincial share of that revenue; and

(c)

any other allocations to provinces, local government or municipalities from the national government’s share of that revenue, and any conditions on which those allocations may be made.

(2)

The Act referred to in subsection (1) may be enacted only after the provincial governments, organised local government and the Financial and Fiscal Commission have been consulted, and any recommendations of the Commission have been considered, and must take into account —

(a)

the national interest;

(b)

any provision that must be made in respect of the national debt and other national obligations;

(c)

the needs and interests of the national government, determined by objective criteria;

(d)

the need to ensure that the provinces and municipalities are able to provide basic services and perform the functions allocated to them;