South Africa Act, 1909/1959-06-26

as amended by

Exchequer and Audit Act, No. 21 of 1911

Appellate Division Act, No. 12 of 1920

South Africa Act, 1909, Amendment Act, No. 9 of 1925

South Africa Act, 1909, Further Amendment Act, No. 34 of 1925

Local Government (Provincial Powers) Act, No. 1 of 1926

Electoral Act, 1918, Amendment Act, No. 11 of 1926

Criminal and Magistrates’ Courts Procedure (Amendment) Act, No. 39 of 1926

Payment of Members of Parliament Act, No. 51 of 1926

Administration of Justice (Further Amendment) Act, No. 11 of 1927

Rhodesia Appeals Act, No. 18 of 1931

South Africa Act Amendment Act, No. 17 of 1933

Financial Adjustments Act, No. 29 of 1933

South Africa Act Amendment Act, No. 45 of 1934

Status of the Union Act, No. 69 of 1934

Census Amendment Act, No. 5 of 1935

South Africa Act Amendment Act, No. 43 of 1935

General Law Amendment Act, No. 46 of 1935

Representation of Natives Act, No. 12 of 1936

Electoral Quota Act, No. 21 of 1937

South Africa Act Amendment Act, No. 13 of 1938

Constitution (Prevention of Disabilities) Act, No. 19 of 1940

Electoral Laws Amendment Act, No. 20 of 1940

Judges’ Act, No. 41 of 1941

Electoral Quota Consolidation Act, No. 30 of 1942

Financial Relations Consolidation and Amendment Act, No. 38 of 1945

Electoral Laws Amendment Act, No. 10 of 1946

South Africa Act Amendment Act, No. 21 of 1946

Provincial Powers Extension Act, No. 41 of 1947

Powers and Privileges of Provincial Councils Act, No. 16 of 1948

Criminal Procedure Amendment Act, No. 37 of 1948

Deputy-Administrators Act, No. 2 of 1949

Privy Council Appeals Act, No. 16 of 1950

South Africa Act Amendment Act, No. 39 of 1950

South Africa Act Amendment Act, No. 66 of 1951

General Law Amendment Act, No. 32 of 1952

Electoral Laws Amendment Act, No. 55 of 1952

Bantu Education Act, No. 47 of 1953

South Africa Act Amendment Act, No. 20 of 1954

South Africa Act Amendment Act, No. 9 of 1955

Appellate Division Quorum Act, No. 27 of 1955

Senate Act, No. 53 of 1955

General Law Amendment Act, No. 62 of 1955

South Africa Act Amendment Act, No. 9 of 1956

Railways and Harbours Acts Further Amendment Act, No. 39 of 1956

General Law Amendment Act, No. 50 of 1956

South Africa Act Further Amendment Act, No. 1 of 1957

South Africa Act Amendment Act, No. 2 of 1957

General Law Amendment Act, No. 68 of 1957

South Africa Act Amendment Act, No. 1 of 1958

South Africa Act Further Amendment Act, No. 49 of 1958

Appellate Division Quorum Act, No. 1 of 1959

South Africa Act Amendment Act, No. 3 of 1959

South Africa Act Further Amendment Act, No. 48 of 1959

Offices of Profit Amendment Act, No. 49 of 1959

53. No person shall be capable of being chosen or of sitting as a senator or as a member of the House of Assembly who―

has been at any time convicted of any crime or offence for which he shall have been sentenced to imprisonment without the option of a fine for a term of not less than twelve months, unless he shall have received a grant of amnesty or a free pardon, or unless such imprisonment shall have expired at least five years before the date of his election; or is an unrehabilitated insolvent; or is of unsound mind, and has been so declared by a competent court; or holds any office of profit under the Crown within the Union: Provided that the following persons shall not be deemed to hold an office of profit under the Crown for the purposes of this sub-section:

a Minister of State for the Union or a deputy appointed to any Minister of State under sub-section (3) of section fourteen;

a person in receipt of a pension from the Crown; an officer or member of His Majesty’s naval or military forces on retired or half-pay, or an officer or member of the naval or military forces of the Union whose services are not wholly employed by the Union; any person who has been appointed or became a justice of the peace under section two of the Justices of the Peace and Oaths Act, 1914 (Act No. 16 of 1914), and any justice of the peace appointed before the commencement of the said Act, who performs his functions as such by virtue of section five of that Act;

any person who, while the Union is at war, is an officer or member of the military, air or naval forces of the Union or any other force or service established by or under the South Africa Defence Act, 1912 (Act No. 13 of 1912);

any member of any council, committee, board or similar body established by or under any law, who receives no payment in respect of his services on such council, committee, board or body in excess of an allowance at the rate of five guineas for each day on which he renders such services, together with the reimbursement of any travelling expenses incurred by him in the course of such services.

89. (1) A provincial revenue fund shall be formed in every province, into which shall be paid all revenues raised by or accruing to the provincial council and all moneys paid over by the Governor-General-in-Council to the provincial council. Such fund shall be appropriated by the provincial council by ordinance for the purposes of the provincial administration generally, or, in the case of moneys paid over by the Governor-General-in-Council for particular purposes, then for such purposes but no such ordinance shall be passed by the provincial council unless the administrator shall have first recommended to the council to make provision for the specific service for which the appropriation is to be made. No money shall be issued from the provincial revenue fund except in accordance with such appropriation and under warrant signed by the administrator: Provided that, until the expiration of one month after the first meeting of the provincial council, the administrator may expend such moneys as may be necessary for the services of the province.

(1)bis. The Governor-General-in-Council may make regulations for the provinces prescribing―

the form of estimates required for presentation to the provincial council; the system which shall be observed for―

the collection, receipt, banking, custody, issue, expenditure, care and management of provincial moneys as defined in paragraph (b) of sub-section (5) of section ninety-two; and the control of stores;

the officers or other persons who shall receive, hold, issue, account for, manage or otherwise deal with such provincial moneys, stores, stamps or securities, and the duties and responsibilities of such officers or persons,

and generally for the better administration of the provincial revenue fund.

(2) The Administrator of a province may, subject to the laws relating to education, authorize any educational institution in the province which is specified in a list published by the Governor-General by proclamation in the Gazette, to retain and apply such of its revenues and other moneys received by it, as the Administrator may from time to time determine, for the purpose of meeting its expenditure, and such revenues and other moneys shall, notwithstanding the provisions of sub-section (1), not be paid into the provincial revenue fund, but shall be accounted for and dealt with as the Administrator may prescribe.

92. (1) In each province there shall be an auditor of accounts to be appointed by the Governor-General-in-Council.

(2) No such auditor shall be removed from office except by the Governor-General-in-Council for cause assigned, which shall be communicated by message to both Houses of Parliament within one week after the removal, if Parliament be then sitting, and, if Parliament be not sitting, then within one week after the commencement of the next ensuing session.

(3) Each such auditor shall receive out of the Consolidated Revenue Fund such salary as the Governor-General-in-Council, with the approval of Parliament, shall determine.

(4) Each 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 Governor-General-in-Council and approved by Parliament, and no warrant signed by the administrator authorising the issuing of money shall have effect unless countersigned by such auditor.

(5) (a) If any person who is or was in the employment of a province―

has failed to collect any moneys owing to that province for the collection of which he is or was responsible; or is or was responsible for any improper payment of provincial moneys or for any payment of such moneys which is not duly vouched; or is or was responsible for any deficiency in, or for the destruction of or any damage to, any provincial moneys, stamps, securities, stores or other property of a province; or has caused a province any loss by a failure to carry out a specific duty,

and a proper explanation is not, within a period specified by an auditor referred to in sub-section (1), furnished to such auditor with regard to such failure to collect, improper payment, payment not duly vouched, deficiency, destruction, damage or failure to carry out a duty, that auditor may surcharge against the said person the amount not collected or the amount of such payment, deficiency, damage or loss or the value of the property destroyed, as the case may be, or such lesser amount or value as he may in 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 concerned under paragraph (a) of sub-section (9), apply to any court of competent jurisdiction, within a period of one month after he has been notified in writing by the auditor concerned of the surcharge, or within such further period as the court may allow, for an order setting aside or reducing the surcharge, and such court may on any such application, if not satisfied by that auditor on the merits of the case that the surcharge was rightly imposed, or as to the correctness of the amount thereof, make an order setting aside the surcharge or reducing it, as the case may be.