Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/99



Chapter 13—Finance

may not stop the transfer of funds for more than 120 days; and may be enforced immediately, but will lapse retrospectively unless Parliament approves it following a process substantially the same as that established in terms of section 76  (1) and prescribed by the joint rules and orders of Parliament. This process must be completed within 30 days of the decision by the national treasury.

Parliament may renew a decision to stop the transfer of funds for no more than 120 days at a time, following the process established in terms of subsection (3).

Before Parliament may approve or renew a decision to stop the transfer of funds to a province —

the Auditor-General must report to Parliament; and the province must be given an opportunity to answer the allegations against it, and to state its case, before a committee.

Procurement

When an organ of state in the national, provincial or local sphere of government, or any other institution identified in national legislation, contracts for goods or services, it must do so in accordance with a system which is fair, equitable, transparent, competitive and cost-effective.

Subsection (1) does not prevent the organs of state or institutions referred to in that subsection from implementing a procurement policy providing for —

categories of preference in the allocation of contracts; and the protection or advancement of persons, or categories of persons, disadvantaged by unfair discrimination.

National legislation must prescribe a framework within which the policy referred to in subsection (2) may be implemented.

Government guarantees

The national government, a provincial government or a municipality may guarantee a loan only if the guarantee complies with any conditions set out in national legislation.

National legislation referred to in subsection (1) may be enacted only after any recommendations of the Financial and Fiscal Commission have been considered.

Each year, every government must publish a report on the guarantees it has granted.

Remuneration of persons holding public office

An Act of Parliament must establish a framework for determining —

the salaries, allowances and benefits of members of the National Assembly, permanent delegates to the National