State Information Technology Agency Act, 1998 (Act No. 88 of 1998)Chapter 5 : Financial Matters16. Funding of Agency |
| (1) | The Agency is funded from monies received for services rendered that are stipulated in the service level agreements referred in section 20. |
[Section 16(1) substituted by section 9(a) of the State Information Technology Agency Amendment Act, 38 of 2002, Notice No. 1391, GG24029, dated 7 November 2002 - effective 3 October 2005, per Proclamation No. R.50 of 23 September 2005]
| (2) | The Minister must— |
| (a) | after consultation with all executing authorities; and |
| (b) | subject to the approval of the Minister of Finance, |
determine from time to time reasonably market-related rates for establishing the cost of a service or product contemplated in section 7(1) and (5)(c).
[Section 16(2) substituted by section 9(a) of the State Information Technology Agency Amendment Act, 38 of 2002, Notice No. 1391, GG24029, dated 7 November 2002 - effective 3 October 2005, per Proclamation No. R.50 of 23 September 2005]
| (3) | The Agency will focus on generating maximum efficiency and cost-effectiveness for the State and the Board will recommend to the Minister on the basis of a strategic plan what excess funds will be retained by the Agency and for which purpose. |
| (4) | [Section 16(4) deleted by section 9(b) of the State Information Technology Agency Amendment Act, 38 of 2002, Notice No. 1391, GG24029, dated 7 November 2002 - effective 3 October 2005, per Proclamation No. R.50 of 23 September 2005] |
| (5) | Payment for services provided by the Agency to a department or public body will be made according to the stipulations of the business agreement between the parties. |
[Section 16(5) substituted by section 9(c) of the State Information Technology Agency Amendment Act, 38 of 2002, Notice No. 1391, GG24029, dated 7 November 2002 - effective 3 October 2005, per Proclamation No. R.50 of 23 September 2005]
(6)
| (a) | Any special funding required or other special financial arrangement, including any government grants, may be negotiated by the Agency with the Minister, the Minister of Finance and any other interested party. |
| (b) | The subsequent agreement will include all conditions to be met relating to such an arrangement. |
(7)
| (a) | The Agency may, with the approval of the Minister, accept donations and bequests. |
| (b) | Particulars of each donation or bequest accepted by the Agency must be given in the annual report of the Agency. |
| (8) | The Department of Public Service and Administration will be responsible for all transfer payments to the Agency approved by the National Treasury. |
[Section 16(8) substituted by section 9(d) of the State Information Technology Agency Amendment Act, 38 of 2002, Notice No. 1391, GG24029, dated 7 November 2002 - effective 3 October 2005, per Proclamation No. R.50 of 23 September 2005]
| (9) | An auditor appointed by the Board in terms of section 58 of the Public Finance Management Act, 1999 (Act No. 1 of 1999), must audit annually the accounts, financial statements and financial management of the Agency and each of its subsidiaries. |
[Section 16(9) substituted by section 9(e) of the State Information Technology Agency Amendment Act, 38 of 2002, Notice No. 1391, GG24029, dated 7 November 2002 - effective 3 October 2005, per Proclamation No. R.50 of 23 September 2005]