This is the version of this Act as it was from 28 December 2018 to 15 March 2022. Read the latest available version.
Related documents
- Is amended by Public Service Act, 1995
- Is amended by State Finance Amendment Act, 2022
State Finance Act, 1991
Act 31 of 1991
- Published in Government Gazette 333 on 30 December 1991
- Assented to on 12 December 1991
- Commenced on 30 December 1991
- [This is the version of this document as it was from 28 December 2018 to 15 March 2022.]
- [Amended by Public Service Act, 1995 (Act 13 of 1995) on 1 November 1995]
- [Amended by Public Service Act, 1995 (Act 13 of 1995) on 28 December 2018]
Act 13 of 1995 was later amended by section 7 of Act 18 of 2018 to substitute the expressions “executive director” and “executive directors” for the expressions “permanent secretary” and “permanent secretaries” throughout.
We have interpreted the original instruction in Act 13 of 1995 to substitute “Permanent Secretary” with “Permanent Secretary: Finance” in several provisions of this Act, after amendment by section 7 of Act 18 of 2018, as being an instruction to substitute “Permanent Secretary” with “Executive Director: Finance” in those same provisions. The provisions containing “Permanent Secretary” that were not originally amended by Act 13 of 1995 remain unchanged.]
1. Definitions
Part I – Banking accounts, accounting system, defrayal of expenditure and recovery of losses or damages
2. Accounts at Bank or commercial banks
3. Establishment of trading and related accounts
4. System of account books, accounts and registers
The Executive Director: Finance shall keep proper accounts of all transactions in relation to State moneys by means of a system of account-books, accounts and registers approved by the Treasury after consultation with the Auditor-General.[section 4 amended by Act 13 of 1995, as amended by section 7 of Act 18 of 2018, to substitute “Permanent Secretary: Finance” for “Permanent Secretary”, and then “Executive Director: Finance” for “Permanent Secretary: Finance”]5. Form of estimates of expenditure and revenue
The Minister shall determine the form in which estimates of expenditure and revenue shall be presented to the National Assembly.6. Expenditure during a financial year
Subject to the provisions of sections 9 and 16(1)(a) no expenditure shall be incurred during a financial year on services of the State which -7. Duration of appropriation Act
An appropriation Act shall not be construed as authorising the withdrawal from the State Revenue Fund of amounts of money appropriated thereby during a financial year other than the financial year to which it expressly relates.8. Accounting officers and other responsible officers
9. Authorisation by Minister for withdrawal of moneys from State Revenue Fund
10. Withdrawal of moneys from State Account or State Revenue Fund by Permanent Secretary for certain purposes
[The reference to “Permanent Secretary” in subsection (1) below was changed to “Permanent Secretary: Finance”, and then “Executive Director: Finance”, by Act 13 of 1995, as amended by section 7 of Act 18 of 2018, but the heading of section 10 was not amended accordingly.]11. Recovery of losses or damages
12. Accounts and statements
13. Appropriation accounts
14. Designation of internal auditors
The Treasury may designate as internal auditor or auditors any officer or officers of the Ministry of Finance to carry out investigations at offices, ministries, agencies and statutory institutions in connection with any matter relating to the functions of the Treasury and to determine whether the provisions of this Act or any instructions issued under section 24 have been or are being complied with.[section 14 amended by Act 13 of 1995 to substitute “offices, ministries, agencies and statutory institutions” for “ministries, public offices and statutory institutions”]15. Internal auditor shall have access to accounts, documents, books and records
Part II – General powers of Treasury and Treasury authorisations
16. General powers of Treasury
17. Prohibition on incurring expenditure or making payments without Treasury authorisation
Subject to the provisions of this Act and notwithstanding anything to the contrary in any other law contained -18. Prohibition on unauthorised disposal of movable and immovable properties of State
Notwithstanding anything to the contrary in any other law contained, no movable and no immovable property of the State shall be alienated, let, exchanged, donated or otherwise disposed of without the authorisation of the Treasury.19. Prohibition on acceptance of gifts to State without Treasury authorisation
20. Discharge from liability in respect of money due to State Revenue Fund
21. Prohibition on variation of contracts or settlement or waiver of claims, without Treasury authorisation
Notwithstanding anything to the contrary in any law contained -22. Prohibition on rendering of free services without Treasury authorisation
Notwithstanding anything to the contrary in any law contained -23. Authorisations or approvals of, or determinations by the Treasury
24. Treasury instructions
Part III – Duties and powers of Auditor-General
25. Duties of Auditor-General
26. Power of Auditor-General
27. Reports of Auditor-General
28. Expenditure in connection with auditing
Part IV – Loans by state and determination of interest rates in respect of loans chargeable to and debts to the benefit of the State Revenue Fund
29. Raising of loans
30. Duties of Permanent Secretary in relation to issue and transfer of public stock
[The references to “Permanent Secretary” in subsections (1) and (2) below were changed to “Permanent Secretary: Finance”, and then “Executive Director: Finance”, by Act 13 of 1995, as amended by section 7 of Act 18 of 2018, but the heading of section 30 was not amended accordingly.]31. Conversion of stock issued outside Namibia
The Executive Director: Finance may upon the request of the holder thereof, in his or her discretion, convert stock issued outside Namibia under paragraph (b) of subsection (2) of section 29 into stock issued in Namibia under the said paragraph (b), at such value as the Executive Director: Finance may determine and subject to the conditions determined at the time of the making of the issue thereof, except that the principal amount and interest thereon shall be payable in Namibia.[section 31 amended by Act 13 of 1995, as amended by section 7 of Act 18 of 2018, to substitute “Permanent Secretary: Finance” for “Permanent Secretary”, and then “Executive Director: Finance” for “Permanent Secretary: Finance”]32. Expenditure in connection with loans
Whenever in the raising of a loan under this Act or any other law the gross amount of the loan is reduced by any expenditure, including any discount and commission, such expenditure shall be deemed to be appropriated by law as a charge to the State Revenue Fund and the net amount of such loan shall be increased by the amount of such expenditure.33. Appointment of agents
The Minister may within Namibia or elsewhere enter into an agreement with any person, including a financial institution, providing for the exercise or performance, on the terms and conditions agreed upon, by such person of any power or duty which in terms of this Act may be or is required to be exercised or performed by the Minister or the Executive Director: Finance in relation to the issue, transfer, administration, purchase or repayment of securities.[section 33 amended by Act 13 of 1995, as amended by section 7 of Act 18 of 2018, to substitute “Permanent Secretary: Finance” for “Permanent Secretary”, and then “Executive Director: Finance” for “Permanent Secretary: Finance”]34. Minister not liable for obligation resulting from lien or cession of securities
The Minister shall not be liable for any obligation resulting from a lien over or the cession of any security issued under this Act.35. Interest rates and conditions in respect of loans, other debts and permanent capital
The Minister may determine from time to time -Part V – General provisions
36. General power of Minister to furnish guarantees, indemnities and securities
If the Minister deems it desirable or necessary in the public interest, the Minister may at any time, on such conditions as the Minister may determine, furnish a guarantee, indemnity or security in respect of any financial commitment incurred or to be incurred by any board or body established by or under any law, bank, company or juristic person, whether within or outside Namibia.37. Delegation and assignment of powers and duties
38. Repeal and savings
39. Short title
This Act shall be called the State Finance Act, 1991.History of this document
16 March 2022
28 December 2018 this version
Amended by
Public Service Act, 1995
01 November 1995
Amended by
Public Service Act, 1995
Read this version
30 December 1991
Commenced
12 December 1991
Assented to
Documents citing this one 152
Gazette 101
- Namibia Government Gazette dated 1991-12-30 number 333
- Namibia Government Gazette dated 1992-03-31 number 379
- Namibia Government Gazette dated 1992-06-18 number 421
- Namibia Government Gazette dated 1992-07-31 number 445
- Namibia Government Gazette dated 1992-12-31 number 564
- Namibia Government Gazette dated 1993-01-04 number 567
- Namibia Government Gazette dated 1993-03-31 number 615
- Namibia Government Gazette dated 1993-08-20 number 691
- Namibia Government Gazette dated 1993-08-25 number 698
- Namibia Government Gazette dated 1994-03-31 number 833
- Namibia Government Gazette dated 1994-04-02 number 832
- Namibia Government Gazette dated 1994-06-09 number 866
- Namibia Government Gazette dated 1994-09-16 number 919
- Namibia Government Gazette dated 1994-09-28 number 933
- Namibia Government Gazette dated 1995-03-03 number 1040
- Namibia Government Gazette dated 1995-03-06 number 1041
- Namibia Government Gazette dated 1995-03-31 number 1054
- Namibia Government Gazette dated 1995-05-19 number 1086
- Namibia Government Gazette dated 1995-06-01 number 1090
- Namibia Government Gazette dated 1995-08-07 number 1121
- Namibia Government Gazette dated 1995-12-30 number 1233
- Namibia Government Gazette dated 1996-06-11 number 1328
- Namibia Government Gazette dated 1996-12-20 number 1467
- Namibia Government Gazette dated 1996-12-30 number 1472
- Namibia Government Gazette dated 1997-05-02 number 1549
- Namibia Government Gazette dated 1997-06-20 number 1582
- Namibia Government Gazette dated 1997-10-07 number 1699
- Namibia Government Gazette dated 1997-12-29 number 1763
- Namibia Government Gazette dated 1998-06-22 number 1893
- Namibia Government Gazette dated 1998-09-09 number 1949
- Namibia Government Gazette dated 1998-12-31 number 2021
- Namibia Government Gazette dated 1999-07-09 number 2137
- Namibia Government Gazette dated 1999-10-15 number 2205
- Namibia Government Gazette dated 2000-02-08 number 2270
- Namibia Government Gazette dated 2000-03-17 number 2290
- Namibia Government Gazette dated 2000-05-03 number 2321
- Namibia Government Gazette dated 2000-07-17 number 2375
- Namibia Government Gazette dated 2000-12-22 number 2454
- Namibia Government Gazette dated 2000-12-29 number 2464
- Namibia Government Gazette dated 2001-06-01 number 2544
- Namibia Government Gazette dated 2001-07-09 number 2572
- Namibia Government Gazette dated 2001-08-01 number 2592
- Namibia Government Gazette dated 2001-12-24 number 2671
- Namibia Government Gazette dated 2001-12-27 number 2673
- Namibia Government Gazette dated 2002-06-01 number 2746
- Namibia Government Gazette dated 2002-06-07 number 2749
- Namibia Government Gazette dated 2002-07-18 number 2767
- Namibia Government Gazette dated 2002-12-28 number 2886
- Namibia Government Gazette dated 2003-06-26 number 3004
- Namibia Government Gazette dated 2003-08-19 number 3044
- Namibia Government Gazette dated 2003-12-22 number 3114
- Namibia Government Gazette dated 2004-06-24 number 3224
- Namibia Government Gazette dated 2004-12-23 number 3357
- Namibia Government Gazette dated 2004-12-31 number 3363
- Namibia Government Gazette dated 2005-05-12 number 3425
- Namibia Government Gazette dated 2005-05-13 number 3426
- Namibia Government Gazette dated 2005-07-28 number 3468
- Namibia Government Gazette dated 2005-08-05 number 3477
- Namibia Government Gazette dated 2006-06-01 number 3640
- Namibia Government Gazette dated 2006-06-09 number 3645
- Namibia Government Gazette dated 2006-12-28 number 3758
- Namibia Government Gazette dated 2007-03-30 number 3816
- Namibia Government Gazette dated 2007-06-29 number 3868
- Namibia Government Gazette dated 2007-10-18 number 3922
- Namibia Government Gazette dated 2007-12-27 number 3966
- Namibia Government Gazette dated 2009-03-13 number 4223
- Namibia Government Gazette dated 2009-06-19 number 4282
- Namibia Government Gazette dated 2010-04-14 number 4458
- Namibia Government Gazette dated 2010-07-01 number 4515
- Namibia Government Gazette dated 2011-06-10 number 4733
- Namibia Government Gazette dated 2012-04-30 number 4941
- Namibia Government Gazette dated 2012-06-15 number 4968
- Namibia Government Gazette dated 2012-09-03 number 5029
- Namibia Government Gazette dated 2013-05-31 number 5207
- Namibia Government Gazette dated 2013-12-18 number 5365
- Namibia Government Gazette dated 2013-12-31 number 5380
- Namibia Government Gazette dated 2014-05-08 number 5459
- Namibia Government Gazette dated 2015-05-20 number 5742
- Namibia Government Gazette dated 2015-06-19 number 5762
- Namibia Government Gazette dated 2015-09-14 number 5827
- Namibia Government Gazette dated 2015-12-14 number 5902
- Namibia Government Gazette dated 2015-12-31 number 5922
- Namibia Government Gazette dated 2016-05-13 number 6006
- Namibia Government Gazette dated 2016-06-24 number 6050
- Namibia Government Gazette dated 2016-06-28 number 6053
- Namibia Government Gazette dated 2017-06-13 number 6330
- Namibia Government Gazette dated 2017-07-14 number 6357
- Namibia Government Gazette dated 2017-10-27 number 6451
- Namibia Government Gazette dated 2017-12-12 number 6486
- Namibia Government Gazette dated 2018-06-01 number 6614
- Namibia Government Gazette dated 2018-06-08 number 6623
- Namibia Government Gazette dated 2018-12-28 number 6805
- Namibia Government Gazette dated 2019-06-07 number 6929
- Namibia Government Gazette dated 2020-02-04 number 7109
- Namibia Government Gazette dated 2020-04-20 number 7182
- Namibia Government Gazette dated 2021-03-04 number 7476
- Namibia Government Gazette dated 2021-04-01 number 7496
- Namibia Government Gazette dated 2021-06-07 number 7550
- Namibia Government Gazette dated 2021-10-01 number 7647
- Namibia Government Gazette dated 2022-03-16 number 7766
- Namibia Government Gazette dated 2022-06-13 number 7825
Judgment 13
- Anhui Foreign Economic Construction v Minister of Works and Transport (APPEAL 21 of 2016) [2016] NAHCMD 265 (9 September 2016)
- Babyface Civils CC JV Hennimma Investments CC and Others v Kharas Regional Council and Others (SA 10 of 2018) [2019] NASC 597 (9 December 2019)
- Babyface Civils CC JV Hennimma Investments and Others v //Karas Regional Council and Others (HC-MD-CIV-MOT-REV 9 of 2017) [2018] NAHCMD 29 (7 February 2018)
- Government of Republic of Namibia (Ministry of Works, Transport and Communication) v African Civil Aviation Agency (Pty) Ltd (3298 of 2009) [2014] NAHCMD 45 (12 February 2014)
- Minister of Trade and Industry v Harakuta (17 of 2004) [2005] NALC 2 (13 July 2005)
- Namibia Airports Company Ltd v China State Engineering Construction Corporation (HC-MD-CIV-MOT-REV 444 of 2017) [2019] NAHCMD 171 (7 June 2019)
- Namibia Broadcasting Corporation v Haushona (HC-MD-LAB-APP-AAA 72 of 2020) [2021] NALCMD 31 (29 June 2021)
- Open Learning Group Namibia Finance CC v Permanent Secretary of the Ministry of Finance and Others (PA 90 of 2005) [2006] NAHC 1 (10 January 2006)
- Rhapsody Investments Close Corporation v Standard Bank Namibia Ltd and Others (HC-MD-CIV-MOT-GEN-2023/00308) [2023] NAHCMD 569 (14 September 2023)
- Shilengudwa and Another v Prosecutor-General and Others (HC-MD-CIV-MOT-GEN-2020/00374) [2023] NAHCMD 496 (11 August 2023)
- Shilengudwa and Another v The Prosecutor - General and Another (HC-MD-CIV-MOT-POCA 140 of 2018) [2019] NAHCMD 256 (24 July 2019)
- Shilengudwa and Another v The Prosecutor-General and Another (HC-MD-CIV-MOT-POCA 140 of 2018) [2019] NAHCMD 263 (25 July 2019)
- Teacher's Union of Namibia v Minister of Education and Another (LC 157 of 2013) [2014] NAHCMD 402 (24 January 2014)
Legislation 38
- Additional Appropriation Act, 2000
- Agricultural (Commercial) Land Reform Act, 1995
- Appropriation Act, 2020
- Appropriation Act, 2021
- Appropriation Act, 2022
- Archives Act, 1992
- Bank of Namibia Act, 2020
- Co-operatives Act, 1996
- Community Courts Act, 2003
- Decentralisation Enabling Act, 2000
- Defence Act, 2002
- Diamond Act, 1999
- Disaster Risk Management Act, 2012
- Disaster Risk Management Regulations, 2013
- Education Act, 2001
- Electricity Act, 2007
- Environmental Management Act, 2007
- General Regulations, 1994
- Judiciary Act, 2015
- Minerals (Prospecting and Mining) Act, 1992
- Namibia Central Intelligence Service Act, 1997
- Namibia Library and Information Service Act, 2000
- Namibia National Reinsurance Corporation Act, 1998
- Namibia Revenue Agency Act, 2017
- Namibia University of Science and Technology Act, 2015
- Namibian Correctional Service Regulations, 2013
- National Health Act, 2015
- National Youth Service Act, 2005
- Prevention of Organised Crime Act, 2004
- Public Office-Bearers (Remuneration and Benefits) Commission Act, 2005
- Public Private Partnership Act, 2017
- Public Procurement Act, 2015
- Public Service Act, 1995
- Stamp Duties Act, 1993
- State of Emergency COVID-19: Finance Regulations
- Tobacco Products Control Act, 2010
- Value-Added Tax Act, 2000
- Witness Protection Act, 2017