Nursing Act, 2005 (Act No. 33 of 2005)Chapter 1 : South African Nursing Council26. Unauthorised, irregular or fruitless and wasteful expenditure |
| (1) | Without limiting liability in terms of common law or other legislation— |
| (a) | a member of the Council is liable for unauthorised expenditure if that member knowingly or after having been advised by the Registrar that the expenditure is likely to result in unauthorised expenditure instructed an official of the Council to incur such expenditure; |
| (b) | the Registrar is liable for unauthorised expenditure deliberately or negligently incurred by him or her, subject to subsection (3); |
| (c) | any member or official of the Council who deliberately or negligently made or authorised an irregular expenditure is liable for that expenditure; or |
| (d) | any member or official of the Council who deliberately or negligently made or authorised a fruitless and wasteful expenditure is liable for that expenditure. |
| (2) | The Council must recover unauthorised, irregular or fruitless and wasteful expenditure from the person liable for that expenditure, unless the expenditure— |
| (a) | in the case of unauthorised expenditure, is— |
| (i) | authorised in an adjustments budget; or |
| (ii) | certified by the Council, after investigation by a Council committee, as irrecoverable and written off by the Council; and |
| (b) | in the case of irregular or fruitless and wasteful expenditure, is, after investigation by a Council committee, certified by the Council as irrecoverable and written off by the Council. |
| (3) | If the Registrar becomes aware that the Council, the chairperson or the executive committee, as the case may be, has taken a decision which, if implemented, is likely to result in unauthorised, irregular or fruitless and wasteful expenditure, the Registrar is not liable for any ensuing unauthorised, irregular or fruitless and wasteful expenditure, provided that the Registrar has informed the Council, the chairperson or the executive committee, in writing, that the expenditure is likely to be unauthorised, irregular or fruitless and wasteful expenditure. |
| (4) | The Registrar must promptly inform the chairperson, the Director-General and the Auditor-General, in writing— |
| (a) | of any unauthorised, irregular or fruitless and wasteful expenditure incurred by the Council; |
| (b) | whether any person is responsible or under investigation for such unauthorised, irregular or fruitless and wasteful expenditure; and |
| (c) | of the steps that have been taken— |
| (i) | to recover or rectify such expenditure; and |
| (ii) | to prevent a recurrence of such expenditure. |
| (5) | Criminal or disciplinary proceedings will be instituted against a person charged with the commission of an offence relating to unauthorised, irregular or fruitless and wasteful expenditure whether or not it is written off in terms of subsection (2). |
| (6) | The Registrar must report to the South African Police Service all cases of alleged— |
| (a) | irregular expenditure that constitute a criminal offence; and |
| (b) | theft and fraud that occur in the Council. |
| (7) | The Council must take all reasonable steps to ensure that all cases referred to in subsection (6) are reported to the South African Police Service if— |
| (a) | the charge is against the Registrar; or |
| (b) | the Registrar fails to comply with that subsection. |