GDF Annual Report - Gauteng Provincial Treasury

SECTION 1:DEPARTMENTAL OVERVIEW1. SECTION I: DEPARTMENTALOVERVIEWMANDATE AND PURPOSE OF THEDEPARTMENTThe Gauteng Department of Finance derives itsmandate from the following Legislation:The Constitution of the Republic of South Africa (Act108 of 1996)The Mandate of and environment within whichNational, Provincial and Local Government FinancialDepartments and Treasuries operate, is specificallydescribed in Chapter 13: General Financial Matters.Division of Revenue ActProvides for the equitable division of revenue raisednationally, inclusive of conditional grants, amongst thethree spheres of government, and matters incidentalthereto.Basic Conditions of Employment Act, 1997 (Act 75of 1997)Provides regulatory prescripts, in addition to the PublicService Act, 1994 and the Public Service Regulations,2001, regarding the conditions of employment of staffin the Gauteng Government.Borrowing Powers of Provincial Government Act,1996 (Act 48 of 1996)Provides norms and conditions which the Departmentmust adhere to in negotiating loans for the ProvincialGovernment.Employment Equity Act, 1998 (Act 55 of 1998)Regulates the processes and procedures of theDepartment in achieving a diverse and competentworkforce broadly representative of the demographicsof Gauteng, and eliminating unfair discrimination inemployment towards implementing employment equity.Intergovernmental Fiscal Relations Act, 1997 (Act97 of 1997)Defines the role of the Minister of Finance and EconomicDevelopment and that of the Department of Financeas representatives of the Provincial Government, inpromoting co-operation between other spheres ofgovernment on fiscal, budgetary and financial matters;to provide insight into the prescribed processes for thedetermination of the equitable share and allocation ofrevenue raised nationally and for matters in connectiontherewith.Labour Relations Act, 1995 (Act 66 of 1995)To regulate and guide the Department in recognisingand fulfilling its role in effecting labour harmony andthe democratisation of the workplace.Municipal Finance Management Act (2004)To support and monitor financial management inmunicipalities.Municipality Systems Act (2000) and DevelopmentFacilitation Act (1995)To support and monitor municipal IntegratedDevelopment Planning (IDP) processes.Preferential Procurement Policy Framework Act (2000)Provides a framework for the implementation ofpreferential procurement policy.Promotion of Access to Information Act, 2000 (Act 2of 2000)To give effect to the constitutional right of access to anyinformation held by the State and any information thatis held by another person and that is required for theexercise or protection of any rights; and to provide formatters connected therewith.Public Finance Management Act, 1999 (Act 1 of 1999)Regulates financial management in the Departmentto ensure that all revenue, expenditure, assets andliabilities of the Department are managed efficientlyand effectively; to provide for the responsibilities ofpersons entrusted with financial management in theDepartment and to provide for matters connectedtherewith. To fulfil all Departmental responsibilitieswith respect to other departments and public entities.Gauteng Department of Finance9