Public Finance Management Act [Chapter 22:19] as amended as at 28 October 2016
(2) Where any public resources have been written off in terms of subsection (1)(b) or (c)
during any financial year, the Minister shall lay before the National Assembly, within thirty
days before or not later than thirty days after the end of that financial year, a statement of the
public resources so written off.
(3) Any investment made in terms of subsection (1)(e) shall, when it is realised, be repaid to
the fund or account from which the money was withdrawn for the purpose of making such
investment.
(4) Any refund made in terms of subsection (1)(f) shall be paid out of the Consolidated
Revenue Fund which is hereby appropriated to the purpose.
12 Loss or destruction of or damage to State property
(1) If it comes to the notice of an accounting officer that there is any deficiency in, or
destruction of or damage to, State property, he or she shall cause an investigation to be held into
the circumstances of such deficiency, destruction or damage, as the case may be.
(2) If after an investigation in terms of subsection (1) the accounting officer considers
that—
(a) any person is responsible for the deficiency, destruction or damage, being a person
who is or was in the employment of the State at the time of such deficiency,
destruction or damage, as the case may be; and
(b) a satisfactory explanation in respect of the matter has not been furnished;
he or she shall report the matter to the Secretary with a recommendation as to the action that he
or she considers should be taken to recover the cost of the replacement of the property
concerned, if it has been lost or destroyed, or the cost of the repairs thereto, if it has been
damaged, as the case may be, or any portion of such cost.
(3) On receipt of a report in terms of subsection (2) and after considering the
recommendation of the accounting officer and consulting such other bodies or persons as he or
she considers should be consulted, the Secretary may make an order against the person referred
to in subsection (2) requiring him or her to pay to the State an amount equal to the cost of the
replacement of the property concerned, if it has been lost or destroyed, or the cost of repairs
thereto, if it has been damaged, as the case may be, or such portion of that cost as the Secretary
considers to be equitable in the circumstances:
Provided that the Secretary may, before making an order in terms of this subsection, remit
the matter to the accounting officer for further investigation or consideration.
(4) The Secretary shall withdraw an order made in terms of subsection (3) if it appears to
him or her that the order should not have been made.
(5) The Secretary may, by notice in a statutory instrument, delegate the powers conferred on
him or her by subsections (3) and (4) to an accounting officer and in that case—
(a) it shall not be necessary for a report to be made in terms of subsection (2) and the
powers conferred by subsection (3) may be exercised after the investigation in terms of
subsection (1);
(b) the references in subsections (3) and (4) to the Secretary shall be read as references to
the accounting officer concerned.
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