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Constitutional and legislative mandate

Mandate and functions

Chapter 9 of the Constitution of the Republic of South Africa, 1996 establishes the Auditor-General of South Africa as one of the state institutions supporting constitutional democracy. The Constitution recognises the importance and guarantees the independence of the Auditor-General of South Africa (AGSA), stating that the AGSA must be impartial and must exercise its powers and perform its functions without fear, favour or prejudice.

The functions of the AGSA are described in section 188 of the Constitution and further regulated in the Public Audit Act, 2004 (Act No. 25 of 2004) (PAA), which mandates the AGSA to perform constitutional and other functions. Constitutional functions are those which the AGSA performs to comply with the broader mandate described in the Constitution. Section 4 of the PAA makes a further distinction between mandatory and discretionary audits.

Accountability and reporting

The AGSA is accountable to the National Assembly in terms of section 181(5) of the Constitution and section 3(d) of the PAA and has to report on its activities and performance of its functions in terms of section 10 of the PAA. The main accountability instruments are the AGSA's budget and strategic plan, as well as the annual report, both of which are tabled annually in the National Assembly. The Standing Committee on the Auditor-General (SCoAG), established in terms of section 10(3) of the PAA, oversees the performance of the AGSA on behalf of the National Assembly.

Products of the AGSA

The AGSA annually produces audit reports on all government departments, public entities, municipalities and public institutions. Over and above these entity-specific reports, the audit outcomes are analysed in general reports that cover both the Public Finance Management Act (PFMA) and Municipal Finance Management Act (MFMA) cycles. In addition, reports on discretionary audits, performance audits and other special audits are also produced. The AGSA tables reports to the legislature with a direct interest in the audit, namely Parliament, provincial legislatures or municipal councils. These reports are then used in accordance with their own rules and procedures for oversight.

Governing Legislation

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Public Audit Act (PAA), No. 25 of 2004

 

File size 695 K
Downloads 775
Date Wed 07/24/2013 @ 02:22
Constitution of the Republic of South Africa, 1996

 

File size 496 K
Downloads 365
Date Wed 07/24/2013 @ 02:20
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Related Legislation

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Institution of Legal Proceedings against Certain Organs of State, No. 40 of 2000

 

File size 46 K
Downloads 99
Date Fri 09/06/2013 @ 11:12
National Archives and Record Services of South Africa Act, No. 43 of 1996

 

File size 153 K
Downloads 79
Date Wed 07/24/2013 @ 02:41
Broad Based Black Economic Empowerment Act (BBBEE)

 

File size 85 K
Downloads 101
Date Wed 07/24/2013 @ 02:39
Municipal Finance Management Act (MFMA)

 

File size 781 K
Downloads 224
Date Wed 07/24/2013 @ 02:38
Employment Equity Act, No 55 of 1998

 

File size 306 K
Downloads 92
Date Wed 07/24/2013 @ 02:36
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