Division of Revenue Act 5 of 2023

• Jurisdiction: South Africa
• Coming into Force: 15 June 2023
• Act Number: 5
• Citation: 2023 No. 5
• Year: 2023

DIVISION OF REVENUE ACT 5 OF 2023[1]

[ASSENTED TO 13 JUNE 2023]	[DATE OF COMMENCEMENT: 15 JUNE 2023]
	(see s. 38 of this Act)

(English text signed by the President)

published in

GG 48792 of 15 June 2023

ACT

To provide for the equitable division of revenue raised nationally among the national, provincial and local spheres of government for the 2023/24 financial year; the determination of each province's equitable share; allocations to provinces, local government and municipalities from national government's equitable share; the responsibilities of all three spheres pursuant to such division and allocations; and to provide for matters connected therewith.

Preamble

WHEREAS section 214 (1) of the Constitution requires an Act of Parliament to 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; and

WHEREAS section 7 (1) of the Money Bills and Related Matters Act, 2009 (Act 9 of 2009), requires the introduction of the Division of Revenue Bill at the same time as the Appropriation Bill is introduced,

BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:-

ARRANGEMENT OF SECTIONS

Sections

CHAPTER 1
INTERPRETATION AND OBJECTS OF ACT

 1 Interpretation

 2 Objects of Act

CHAPTER 2
EQUITABLE SHARE ALLOCATIONS

 3 Equitable division of revenue raised nationally among spheres of government

 4 Equitable division of provincial share among provinces

 5 Equitable division of local government share among municipalities

 6 Shortfalls, excess revenue and increasing equitable share

CHAPTER 3
CONDITIONAL ALLOCATIONS TO PROVINCES AND MUNICIPALITIES

Part 1
Conditional allocations

 7 Conditional allocations to provinces

 8 Conditional allocations to municipalities

Part 2
Duties of accounting officers in respect of Schedule 4 to 7 allocations

 9 Duties of transferring officer in respect of Schedule 4 allocations

 10 Duties of transferring officer in respect of Schedule 5 or 6 allocations

 11 Duties of receiving officer in respect of Schedule 4 allocations

 12 Duties of receiving officer in respect of Schedule 5 or 7 allocations

 13 Duties of receiving officer in respect of infrastructure conditional allocations to provinces

 14 Duties in respect of annual financial statements and annual reports for 2023/24

Part 3
Matters relating to Schedule 4 to 7 allocations

 15 Publication of allocations and frameworks

 16 Expenditure in terms of purpose and subject to conditions

 17 Withholding of allocations

 18 Stopping of allocations

 19 Reallocation of funds

 20 Conversion of allocations

 21 Unspent conditional allocations

CHAPTER 4
MATTERS RELATING TO ALL ALLOCATIONS

 22 Payment requirements

 23 ...