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Money Bills Amendment Procedure and Related Matters Act, 1999 (Act No. 9 of 2009)

Money Bills Amendment Procedure and Related Matters Act, 1999 (Act No. 9 of 2009) Presentation to workshop 4 August 2009. Background. Background. Constitutional context

shoushan-mccoy
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Money Bills Amendment Procedure and Related Matters Act, 1999 (Act No. 9 of 2009)

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  1. Money Bills Amendment Procedure and Related Matters Act, 1999 (Act No. 9 of 2009) Presentation to workshop 4 August 2009

  2. Background Background • Constitutional context • Section 73(2): Only the Cabinet member responsible for national financial matters may introduce a money Bill or a division of revenue Bill. • Section 77(3): Money Bills must be considered in accordance with the procedure established by section 75. An Act of Parliament must provide for a procedure to amend money Bills before Parliament. It follows that the “procedure to amend” must be additional - and not change – the section 75 procedure. • Money Bill defined in section 77(1) • Division of Revenue Bill defined in section 214.

  3. Background cont. • Parliamentary context • Parliament, through the Joint Rules Committee, established a Task Team on Oversight and Accountability to develop an oversight model for Parliament in line with the Constitution. • Three focus groups established (Projects, Budget, Committees) - Budget Processes Focus Group mandated to develop procedure to amend money Bills, including a draft Bill. • Report to JRC on 19 March 2008. • Assembly mandates PC on Finance – 26 June 2008 • Draft Bill and memorandum setting out its objects published in Government Gazette No 31238 of 10 July 2008. • Money Bills Amendment Procedure and Related Matters Bill [B 75—2008] introduced in National Assembly on 13 October 2008. • Parliament passed Bill on 19 February 2009. • Act signed and promulgated on 16 April 2009.

  4. Principles • Co-operative government • Legislative authority of Parliament - including amendment of money Bills • Maintaining oversight of executive action • Executive authority develops and implements national policy. • Interpretation must be consistent with oversight and the adopted fiscal framework (clause 2). DORA is further measure. • Any decision in terms of the Act must be consistent with principles set out in clause 8(5). • In addition, proposed amendment to revenue Bills must be consistent with principles set out in section 11(3). • Public participation

  5. Budget / oversight cycle • Budgetary review and recommendation reports • MTBPS - MTEF • Introduction of budget • Fiscal framework • DORB • Appropriation Bill • Revenue proposals • Reply to BRRR & MTBPS reports • Adjustments budget

  6. Related matters • Amendments proposed by Minister • Parliamentary Budget Office • Norms and standards for provincial legislatures

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