This document provides an in-depth and comprehensive exploration of the Constitution and legislation of South Africa. Covering the fundamental legal framework that governs the nation, these notes offer a detailed analysis of the key principles, provisions, and amendments that shape the legal landsc...
Constitution/legislations
1. Section 213 of the Constitution of South Africa:
Section 213 deals with the appropriation of funds by the government. It states that an Act of
Parliament must provide for the appropriation of funds for the implementation of the country's
budget. This means that the government cannot spend public funds without the proper legal
authority granted through an appropriation act passed by Parliament.
An "Appropriation Act" is a law that authorizes the government to withdraw money from the
national treasury to fund specific government programs and activities. It outlines the amounts
allocated to different government departments and entities for various purposes as approved in
the budget. The appropriation process ensures that public funds are allocated and spent in a
transparent and accountable manner.
The Constitution of South Africa, including Section 213, plays a crucial role in shaping the
country's public financial management system and upholding fiscal discipline and responsibility.
By requiring the government to obtain parliamentary approval for spending through
appropriation acts, it enhances the checks and balances on the use of public funds and ensures
that financial decisions align with national priorities and objectives.
2. Section 214 of the Constitution of South Africa:
Section 214 deals with the division of revenue between different spheres of government in South
Africa. It outlines the principles and mechanisms for allocating financial resources from the
national government's revenue to provincial and local governments. This allocation of funds is
crucial for ensuring the equitable distribution of resources to promote service delivery and
development across the country.
The Division of Revenue Act (DoRA) is the legislative instrument that gives effect to Section
214 of the Constitution. The DoRA is passed annually by Parliament and provides a framework
for the distribution of funds among national, provincial, and local governments based on specific
criteria and formulae. It determines the respective shares of each sphere of government in the
national revenue, taking into account various factors such as population size, poverty levels, and
development needs.
The equitable share allocation is designed to address historical inequalities and imbalances in
resource distribution, particularly in favor of poorer provinces and municipalities. By
implementing the principles outlined in Section 214 and the DoRA, the South African
government aims to foster a more inclusive and balanced development across the country,
ensuring that all citizens have access to essential services and opportunities for progress.
3. Section 216 of the Constitution of South Africa:
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