The Public Finance Management Act (PFMA) and its corresponding Treasury Regulations are the foundational legal instruments governing financial management in all national and provincial departments, constitutional institutions, and public entities in South Africa. Compliance is mandatory and non-negotiable, imposing serious legal and disciplinary consequences for Accounting Officers, Accounting Authorities, and officials in cases of non-compliance, particularly regarding unauthorised, irregular, fruitless, and wasteful expenditure (UIF&W).

Our practice offers specialized legal advisory services aimed at ensuring full compliance with the PFMA and TRs. We assist public sector institutions in developing and implementing robust financial systems, internal controls, and supply chain management (SCM) processes. We also provide expert counsel in defending officials facing disciplinary action or financial misconduct charges related to breaches of these acts, and we assist in managing regulatory reporting requirements to the National Treasury and Auditor-General.

Key areas of our PFMA and Treasury Regulations expertise include:

• 🔹 UIF&W Expenditure Management: Advising on the proper classification, investigation, determination, and reporting (including condonation applications) of unauthorised, irregular, fruitless, and wasteful expenditure.
• 🔹 Financial Misconduct Proceedings: Representing Accounting Officers, Accounting Authorities, and officials in disciplinary inquiries and investigations related to alleged financial misconduct under sections 81 and 83 of the PFMA.
• 🔹 Supply Chain Management (SCM) Compliance: Ensuring adherence to SCM prescripts as defined by the PFMA, Treasury Regulations, and the Preferential Procurement Policy Framework Act (PPPFA), particularly in high-value tenders.
• 🔹 Governance and Internal Controls: Drafting and reviewing internal policies, delegation frameworks, and risk management strategies to align with the PFMA and enhance organizational accountability.
• 🔹 Audit Committee and Internal Audit Guidance: Providing legal support to Audit Committees and internal audit functions on their statutory roles, ensuring the effective evaluation of risk management and internal control systems.