The Budget Process A Guide for South African Legislators The Budget Process A Guide for South African Legislators Di McIntyre, Jillian Nicholson Published by The Health Systems Trust 401 Maritime House Salmon Grove Durban 4001 Tel: 031 - 307 2954 Fax: 031 - 304 0775 Email: [email protected] October 1999 ISBN # 1-919743-37-5 Also available on the Internet: http://www.hst.org.za Content researched and conceptualised by: Di McIntyre, Health Economics Unit, University of Cape Town. Written in an accessible format for the Health Systems Trust by: Jillian Nicholson Illustrations by: Ian Lusted Acknowledgements Thanks are due to Karen Hirt for editing the first draft of this booklet and to Julia de Bruyn, Luvuyo Msimango and Dirk Besdziek for reading and giving useful comments. Every attempt has been made to ensure that the information published here is accurate. However no responsibility is accepted for any loss or damage that may arise out of the reliance of any person upon any of the information in this book. This publication was supported with grants from the Henry J. Kaiser Family Foundation (USA), and the Rockefeller Foundation. Contents Introduction 1 What is a budget? 2 The nation’s budget 4 Background to the budget process 12 The stages of the budget process 20 Legislators and the budget process 37 Introduction It takes little more than an hour for the Minister of Finance to present a new national budget to parliament each February. But it has taken more than a year to prepare that budget. This guide for legislators is about the process leading up to that budget speech, and what happens immediately after it has been presented. The budget process has changed a lot since South Africa's first democratic elections in 1994, and further changes are likely. So the budget process, like South Africa itself, is in a process of transition. This guide: ◆ looks at the links between the Constitution, policy, equity and the budget; ◆ explains the stages the budget goes through as it is drafted, negotiated and approved; ◆ examines how much South Africans, through their parliamentary representatives, can impact on their budget; ◆ asks whether there is sufficient transparency in the present process. It is more specifically for national and provincial legislators who have an interest in the health sector. It aims to help you understand more about the budget process, and to know about the opportunities that exist for you to play a more active role in it. It will also be a useful handbook for people working in civil society organisations, or in jobs where it is important to have a basic understanding of the budget process. As it is for national and provincial legislators, this guide does not deal with local governments. 1 What is a budget? Most of us budget in some way. There are three basic steps to budgeting. If you want a budget for your household, for instance, you would follow these steps: 1st step : Work out how much money comes into your household each month. Your household income may come from a single source, such as a wage. Or it may come from several sources, such as wages; the pension of an elderly person living in your household; and rent from a room you let out. 2 2nd step: Once you know your total household monthly income, you can decide which things you need to allocate money to first. These are your spending priorities. You might first have to take off an amount to pay the mortgage on your house - if you do not, the bank may repossess it. Then you allocate certain amounts to school fees, rent, transport, food, and so on. Luxury items usually come low on the list of priorities. Sometimes you may not estimate your expenses accurately and run out of money early in the month. You may have been forced to spend unplanned money on an emergency. Or someone in your household may put pressure on you to change your money allocation. 3rd step: Finally, to check that you do not spend more than you receive, you monitor your budget against your spending. If you did spend more than you received, you might have to borrow from a friend, or the bank, or you might have to dip into your savings. Your budgeting involves: ◆ estimating ◆ allocating ◆ monitoring. Your household spending policy says a lot about your priorities and choices. These priorities and choices also affect the lives of the people in your household. On a larger and more complicated scale, a government budget is the tool that government uses to implement its policies. It can also be used to monitor the activities of the government to see if enough money is being spent on prioritised issues. 3 The Nation’s Budget Government In this handbook, the word government means the legislature, the executive and the judiciary. Sometimes the word is used in a narrow sense to mean only the executive. The government collects its income from a number of different sources. In 1996/97 it collected 41% from personal income tax (pay as you earn (PAYE)) and standard income tax on employees (SITE); 24% from valueadded tax (VAT); 16% from company tax; 12% from tax on goods and services such as tobacco, alcohol and fuel, and 7% from other taxes. Goods and Company Goods and Company Services Services Tax Tax Other Other Taxes Taxes VAT VAT PAYE PAYE Sources of government revenue - 1996/97 As you can see, a large amount of the government’s income comes from citizens who not only pay personal income tax, but also pay VAT on most goods that they buy. Revenue This is all the money government raises through taxes. It does not include money raised through loans. Taxes include income tax from individuals, value-added tax, company tax, and taxes on goods coming into the country. Just like a household budget, the national budget deals with income – known as revenue – and expenses. It involves setting priorities, estimating, allocating and monitoring. The government has to estimate what revenue it can raise from taxes and loans. It must: ◆ estimate what it will cost to run the country; ◆ allocate amounts to its departments and provinces; ◆ monitor its allocations. This book mainly covers the process of estimating expenditure and allocating revenue. 4 The 1999/2000 national budget South Africa estimates its budget over the twelve-month period running from 1 April of one year to 31 March of the next year. This is called the fiscal year. For the 1999/2000 fiscal year, the government estimated that it would need R216-billion to run the country. However, its revenue was estimated to be only R191.7-billion. This meant it would overspend by R24.3-billion. The overspending is called a deficit. It has to be funded mainly through loans, which means that the government has to spend more on interest repayments. The government's budget is a statement of a nation's priorities. This graph shows where the South African government's priorities lie. Health is the third highest expenditure in the budget. The second largest allocation is for paying interest on money borrowed to help run the country. Some of this debt is from the previous government's borrowing during apartheid. Fiscal and fiscal policy Fiscal is about the collection of taxes. Fiscal policy deals with taxation, and government's spending and borrowing. This includes a wide range of other policy issues such as the size of the state, job creation, social development and redistribution. These all have budgetary implications. Deficit When a government spends more money than the revenue it has collected, it will have a deficit - a debt. It will have to borrow money to meet its expenses. At present, South Africa's budget priorities are influenced by the government's attempt to reduce its existing deficit. Education R 48.5 bn Debt Servicing the state debt R 48.2 bn Health services R24.0 bn Prisons, Police & Justice R23.5 bn Welfare & social grants R19.8 bn Government's five top budget allocations in 1999/2000 5 The South African Constitution and the budget The Constitution is the foundation of the laws and policies of the country. It protects the fundamental rights of all South Africans. It sets out principles, such as fairness and human dignity, upon which the country is run. The Constitution also sets out rules for how the government must operate. No policy or budget can go against the Constitution. The Constitution says: “National, provincial and municipal budgets and budgetary processes must promote transparency, accountability and the effective financial management of the economy, debt and the public sector.” (Section 215) On people's health rights, it says: “Everyone has the right to an environment that is not harmful to their health or well being.” (Section 24) “Everyone has the right to have access to health care services, including reproductive health care; sufficient food and water; and social security if they are unable to support themselves and their dependants.” (Section 27) “Every child has the right to basic nutrition, shelter, basic health care services and social services.” (Section 28) 6 The link between government policies and the budget In 1995/96 the government spent 10.4% of its total budget on health. In 1999/2000 this had risen to 10.9%. So more is spent on health now, as a proportion of the total budget, than in the past. This is largely due to government health policies. These include: “ To develop a comprehensive and integrated National Health System which provides accessible services to all South Africans.” “ To improve the mental health and social well-being of individuals and communities.” “ To reduce sexually transmitted diseases and HIV/AIDS.” These come from the White Paper for the transformation of the health system in South Africa (Government Gazette No 17910, 16 April 1997). These policy goals could not be achieved without increasing the amount of money allocated to health. So, the budget is a tool for implementing government policy - in this case health policy. National and provincial functions Policies affect the way the budget is divided between national and provincial levels. If, for instance, combating crime is a major government priority then the national level will get more because the departments of Safety and Security, Justice, and Correctional Services are all national functions and financed at the national level. If education and health are higher priorities, then more will be allocated to the provinces, as these are provincial functions. Policies should be linked directly to the needs and priorities of the people of the country. Legislators, as representatives of the people, have the final responsibility for making sure this happens. You have to ensure that the budget allocations enable these policies to be implemented. In South Africa, where basic needs of people have not been met and where the budget is tight, decisions about allocation are difficult. These decisions need to be made in a transparent way so that everybody can know about them. Both the executive and the legislature should be able to engage with the budget process to influence allocations. 7 The budget and equity Equity is about trying to make sure everyone in the country gets a fair share of its resources. It means those who have the least should be given more than average, and those who have the most should be given less than average. This is a way of redistributing the wealth of the country. Equity is not the same as equality. Equality is when everyone already has the same share of resources, or when everyone is given an equal share irrespective of their need. Equality Equity The budget plays a very important role in achieving equity. Government, through the budget should make sure the poor receive more than average, and the rich receive less than average. However, in most government departments a large amount of expenditure goes on staffing. In the Department of Health, for instance, 70% of expenditure is on staffing. One of the challenges in achieving equity is to shift staff so that there is a more equitable spread across the country. 8 Case study: looking more closely at the Northern Province The Northern Province is one of the most disadvantaged provinces in South Africa. It is estimated that about 77% of its population are “poor”, and 37% of residents over the age of 20 years have no schooling. It has high unemployment - 46% of working age adults are still seeking employment. Only 18% of households in this province have a tap in the house, compared with 45% of households nationally. Only 13% of households have access to a flush or chemical toilet, compared with 51% nationally. The Northern Province thus has severe backlogs in basic needs. It has the worst educational status, and the least access to water and sanitation of all provinces. To try to do something about this backlog, 13.5% of the part of the budget that has been set aside for provinces is allocated to the Northern Province even though this province only accounts for 12.1% of the total population. % 50 40 30 20 10 Taps Toilets Northern Province Residents over 20 with no schooling National Average There is a lot of debate about whether the budget sufficiently addresses the issue of equity. Page 16 describes how the Department of Finance decided on the amount to be allocated to provinces in the most recent budget. 9 The Constitution, government policies, the principle of equity, and the budget process are interlinked. The budget should reflect both the fundamental principles of the Constitution and the government's policy direction. This direction has to be in accordance with the Constitution. How does a macro-economic policy affect a budget and visa versa? The economic policies of a government affect everyone in the country. They also affect the country’s budget. Inflation Inflation is the increase in prices of goods in a country. As the prices of goods go up, the cash value of money goes down. Your wages may go up each year, but if they do not go up as much as the average increase in prices in the country, then each year you will be able to buy less than you could the previous year. To see if there has been an increase or decrease in the real value of money, we have to take inflation into account. There is a formula for doing this. 10 “Macro” means big. Macro-economics looks at the overall economic picture of the country. Unemployment is a macro-economic issue; so is the alleviation of poverty. The economic growth of a country is a macroeconomic issue. To tackle these macro-economic problems, our government has a macro-economic policy called Growth, Employment, and Redistribution (GEAR). GEAR is the government’s macro-economic strategy that aims to improve economic growth in South Africa. GEAR affects the budget because one of its objectives is to reduce the budget deficit. Through GEAR the government has set deficit reduction targets. To meet them, overall government spending has to be reduced. For example, the government spent about R3,960 on each person in the 1995/96 fiscal year. But it plans to spend only R3,720 per person in the 2000/01 fiscal year. (This amount takes population growth and inflation into account.) GEAR therefore impacts very strongly on budget allocations and on what can be spent on bringing about equity in future. The budget, in turn, affects macro-economic policy. The amount of money allocated to, for instance, job creation or economic development will affect our country’s economic growth. GEAR puts the squeeze on the budget and reduces the deficit. Wha Economic growth occurs when the value of all the goods and services in a country increases. This should lead to more jobs, more money in circulation and more revenue. We need economic growth to raise people’s standard of living, and to solve problems like unemployment and poverty. t hi nk GEAR: a debatable issue do you t Most people would agree the country needs economic growth. But there is a lot of debate and disagreement about the best way to make this happen. GEAR is just one strategy for growth. Some people believe deficit reduction should not be given such a high priority in a country which has so much poverty to overcome. Economic growth alone cannot solve these problems. Internationally, it has been shown that unless growth policies are accompanied by strong redistribution policies, the rich get richer and the poor get poorer. 11 Background to the budget process National budgets used to be drawn up for a twelve-month period only. In 1997, a new way of preparing the budget was introduced, called the Medium Term Expenditure Framework (MTEF). All budgeting is now done over a three-year period. This is called a rolling budget. In 1999, budgets were drawn up for the fiscal years of 1999/2000 to 2001/2002. Each year the process rolls on to include one more year. Although parliament is presented with three-year budget plans, it only votes on the budget for the coming year. A rolling budget 12 Why budget for a longer period? Some of the advantages of budgeting over three years are: ◆ It helps provinces and departments plan with greater certainty because they have a better indication of what their allocations will be for the next three years. ◆ It encourages departments to set three year priorities and to plan further ahead than they did in the past and to enter into development contracts that may go over a number of years. ◆ It gives the public a better picture of how government plans to spend its money. Reconstruction and development goals can be evaluated against how much the government plans to spend over the next three years. Role players in the budget process The budget is a plan for raising and spending the money of the people of the country. Parliament and the Constitution, which sets guidelines for estimating, allocating and monitoring the budget, represent the people. But these guidelines are very broad. More direct responsibility for the budget rests with Cabinet, the Department of Finance (DoF), the Provincial Executive Councils (Excos), and the following people and bodies: The Budget Council The Budget Council consists of the Minister of Finance and the MECs of finance for each province. Its function is to co-ordinate the different interests of national and provincial governments and to make sure that agreement is reached on how to share the revenue. The national government and the provincial governments consult the Budget Council on any matters relating to legislation or policy that have financial implications for the provinces, or on matters relating to provincial budgets. 13 The Medium Term Expenditure Framework (MTEF) Committee This is made up of the Minister and Deputy Minister of Finance, the Director General of Finance, the Director General of State Expenditure and other officials of these Departments. The main role of this committee is to hear what allocations national departments want and to decide on the final allocations between national departments. The Financial and Fiscal Commission (FFC) This is an independent body, established in the Constitution. Its function is to advise parliament and provincial legislatures on matters concerning finance. For instance, it makes recommendations on how to decide on a fair division of the budget between the national, provincial and local levels. It is an advisory body and so its recommendations are not legally binding. It is an observer at Budget Council meetings. The Minister’s Committee on the Budget (Mincombud) This consists of the: Minister of Finance Deputy Minister of Finance Ministers of Trade and Industry Minister of Arts and Culture, Science and Technology Minister of Health Minister of Education. Mincombud sets broad priorities on issues such as the allocation of resources within the social sectors and economic sector. These priorities are submitted to Cabinet via the Minister of Finance The Budget Forum This consists of everyone who sits on the Budget Council as well as representatives from the South African Local Government Association and the Minister of Constitutional Development. It is the only role player in the budget process that has representatives from local government. 14 Civil servants Although they do not have real decision-making powers, civil servants play a very powerful and influential role in the budget making process, particularly those in the national Department of Finance and the provincial treasuries. They provide information, administer policies, and assist in the technicalities of drawing up budgets. National Portfolio committees and provincial standing committees Parliamentarians sit on different portfolio or standing committees, such as the Joint Portfolio Committee on Finance. These committees can review any aspect of the budget or anything that may influence the budget, call for public hearings and make recommendations. The first broad allocation decisions made by central government Top Top Slice Slice 23.1% 23.1% National Nationalallocation allocation 32.3% 32.3% Provincial Provincial allocation allocation43.5% 43.5% Local Local government government allocation allocation1.1% 1.1% The vertical division of the budget allocation 15 First - take off the top slice As you can see from the diagram, the first amount of money to be set aside from the total revenue is the “top slice”. This is for things like repayment of the national debt; an emergency reserve; and a reserve for meeting specific policy priorities. This 23.1% is not available for sharing between the different levels of government. Next - decide on national, provincial and local government allocations These are the first broad allocations that are made through a process called the vertical division. The Department of Finance has indicated that each year it will try to keep the proportions allocated to national, provincial and local levels relatively constant. Spending agencies Departments are sometimes referred to as spending agencies. This is because not only departments, but also other government units or agencies incur costs and have to estimate budgets. Statistics South Africa is an example of a spending agency that is not a department. Next - decide on how much each individual province will get The lump sum allocated for all the provinces has to be divided into nine parts. This process is called the horizontal division. The new Constitution made fundamental changes to the way this horizontal division is made. Previously, the central government decided on amounts for all the different provincial departments. Now, each province receives a lump sum - called a “global” allocation. It then decides how to divide this amongst its departments, or spending agencies. So there has been a move to a more decentralised system. How is the horizontal division worked out? Each province receives an allocation that is largely based on the needs of each province compared to the others. This is an attempt to try and correct past inequities. Over the past few years a number of formulas have been recommended for deciding how to do this. At present the Department of Finance uses a formula that takes the following factors into account: 16 Education The average size of the school-age population and the number of learners enrolled in public, ordinary schools. Health The size of the population that does not have private health insurance, with a small allowance for those with private insurance who may use some public sector services. Social welfare The estimated number of people entitled to security grants. This is targeted at the elderly, the disabled and children. Basic component Each province’s share of the total population of the country. Economic activity The amount of money paid in wages and salaries in each province. Backlogs This tries to compensate for backlogs in health and education infrastructure in the provinces, with extra weight given to provinces with a large rural population. When the Minister of Finance presents the budget to parliament, the Minister must introduce a Revenue Sharing Bill that explains how these allocations were worked out. 17 Northern Northern Province Province13.5% 13.5% North-West North West 8.2% 8.2% Gauteng 15.7% Gauteng 15.7% Mpumalanga 7.1% Mpumalanga 7.1% Northern Cape Northern Cape 2.4% 2.4 % Free State 6.6% Free KwaZulu-Natal 20.7% Eastern Cape Cape 16.8% 16.8% Western Cape WesternCape Cape8.9% 8.9% Western 13.5% 7.1% 8.9% 16.8% 2.4% 15.7% 8.2% 20.7% 6.6% Western Cape Eastern Cape Eastern Cape Northern Cape Northern Cape KwaZulu-Natal KwaZulu-Natal Free State Free State North-West North-West Gauteng Mpumalanga Gauteng Northern Province Mpumalanga Northern Province The Medium Term Expenditure Framework estimates for provincial allocations for 1999/2000 This graph shows what percentage of the total resources each province is allocated. This is worked out according to the Department of Finance's formula. 18 t hi nk Decisions on how the vertical and horizontal divisions of the budget are made are critically important to the issue of equity. These decisions also affect the speed at which we move towards equity. There is a lot of debate about this. The Northern Province case study on page 9 highlights this. The Northern Province is one of the most disadvantaged provinces in South Africa. The Eastern Cape is another. Some people believe these provinces should get a much bigger share of the budget than they do; and that the present moves towards equity are not going far or fast enough. Wha Do the vertical and horizontal divisions of the budget promote equity? do you t Both the Finance and Fiscal Commission (FFC) and the Department of Finance (DoF) made recommendations about how the vertical and horizontal divisions should be made. This year, the DoF's recommendations were accepted. The FFC had different views. Here they are - which do you agree with? The vertical division ◆ The DoF recommended the proportional divisions between national and provincial levels should stay the same for the MTEF. ◆ The FFC said provincial departments are affected by population increases, and for the next three years the allocation to provinces should go up by 0.5% each year. ◆ The DoF recommended a top slice be taken off before the vertical division is made. ◆ The FFC recommended that there should be no top slice because this can lead to more resources actually going into the national level each year. The horizontal divisions ◆ The DoF's formula for deciding on the horizontal divisions, while attempting to move towards equity, starts off by using old expenditure patterns on social services as a base to work towards equity. ◆ The FFC recommended that social services spending should be based on existing needs and priorities in each province. ◆ The DoF rewards provinces able to bring in a high proportion of revenue through their economic activities. ◆ The FFC recommends if a province is unable to generate sufficient revenue itself, the national budget should compensate it by allocating it more. 19 The Stages of the Budget Process Estimating a household's budget Making spending cuts We have described the broad allocations of money from central government. But enormous decisions about allocations do not happen in one meeting. They have to go through a long process. This involves drawing up estimates, drafting and redrafting, and negotiating. This section of the guide takes you through all the steps involved in the budget process, for both national and provincial governments. It may help you to think back to our earlier comparison of a household budget. Before you, as head of a household, decide on how much to allocate towards education, for instance, you might ask the school to estimate how much schooling will cost each month. You might ask someone in your household to estimate how much transport costs are likely to come to. And you might try to work out what you will need for food and clothes. You would do this with other expected expenditures. If you put all these estimates together they might easily come to more than your household income. So you would have to negotiate with 20 everyone about how to make spending cuts. This is the kind of process that happens with the national budget. There have to be estimations done of: ◆ how much total revenue the government can expect to raise; ◆ expenditure for each of the national and provincial departments over the next three years; And there have to be negotiations to settle differences between the estimations of the departments and the allocations of the Budget Council. Laws linked to the budget process There are several laws that govern the budget process. Bills and Acts A Bill is a law that has been drawn up but not passed by the legislators. Bills go through several stages, called readings before they are finalised. An Act is a Bill that has been passed by parliament and has become a law. The Constitution This has already been discussed on page 6 (The South African Constitution and the budget). Money Bills This is a general way of describing all Bills that allow for money to be allocated to various departments in national or provincial government, and for taxes to be levied. Appropriation Bills are Money Bills. They allow departments to take and use - to appropriate - government money. The Division of Revenue Bill This Bill has to go before parliament each year at the same time as the budget is announced. It explains how the vertical and horizontal divisions have been made. This Bill has to be approved by parliament. There is a move to have it tabled much earlier in the budget process. This will allow for more discussion before the allocation within departments starts. Money Bills Amendment Procedure Act The Constitution says there has to be law to allow parliament to amend Money Bills. Although the Constitution was passed in 1996, this Act does not yet exist. When it does, it will give parliament more power over Money Bills. 21 January - March Setting policies, estimating revenue and setting an upper limit on spending The Cabinet sets broad policy priorities so when the detailed budgets are evaluated, they can be measured against these policies. The Department of Finance: Cabinet sets policies 22 ◆ estimates how much the economy will grow; ◆ estimates how much revenue can be expected through the collection of taxes for the next three years; ◆ uses the GEAR deficit reduction targets to work out how much overspending will be allowed; ◆ sets the upper spending limit for the total government budget for the next three years; ◆ presents this to Cabinet for approval. This forms the basic framework for the budget. It is called setting the Medium Term Fiscal Framework because this part of the process is about estimating income from taxes (revenue) not expenditure. March - May Departments estimate their expenditure and submit draft expenditure applications National and provincial departments go through strategic planning sessions to identify their departmental goals and prepare an initial threeyear budget estimate. They need to try to keep in line with the three-year allocations determined in the previous MTEF cycle. Although government makes the important budget decisions, the actual drawing up of the budget is done almost entirely by civil servants. For instance, each health department (provincial and national) has some form of financial directorate. It is civil servants in these directorates or sub-departments who draft the initial budget estimates. They are meant to consult with other civil servants in the health department to find out what their budgetary needs are. For instance, they would talk to the person responsible for hospitals; for district level services; for infectious diseases; and so on, before preparing a budget for the health department. Estimating departmental budgets A range of civil servants in the health department then look at the draft budget, and suggest changes. This revised draft then goes to the provincial treasuries or, in the case of national level, to the Department of State Expenditure. When these national and provincial departments estimate their threeyear budgets, they do not know what amount the Budget Council is going to allocate to each province or for national level spending. So it is a bit like working out what your household expenditure will be before you know what your wage is. 23 May - June Guideline estimations are determined for vertical and horizontal allocations lice Top S % 23.1 National 32.3% The Budget Council meets to work out how to divide the revenue into three lump sums for national, provincial and local governments. Once the Budget Council has done this vertical division, it must then work out the provincial allocations amongst the nine provinces. This is the horizontal division. This is done according to the formula explained on pages 16 and 17. Top Slice 23.1% National allocation 32.3% Percentage of provincial allocation 13.5% 7.1% Western Cape 8.9% Eastern Cape 16.8% Northern Cape 2.4% KwaZulu-Natal 20.7% Free State 6.6% North-West 8.2% Gauteng 15.7% Mpumalanga 7.1% Northern Province 13.5% The vertical and horizontal allocation 24 15.7% 8.2% 6.6% 20.7% Local government 1.1% 2.4% Local government allocation 1.1% 16.8% Provincial allocation 43.5% 8.9% Provincial 43.5% June - August Combining all the departmental estimates into one sum and matching it with the Budget Council's allocation Trying to match department estimates and budget allocation Civil servants at the Department of State Expenditure combine the separate departmental estimates into one national-level estimate. Civil servants at the nine provincial treasuries combine all their separate departmental estimates into one provincial estimate. Provincial treasuries have a further challenge. They have to ensure that at least 85% of their total provincial budget is allocated to social services. The provincial treasuries and the Department of State Expenditure now look at the vertical and horizontal allocations the Budget Council decided on. They must be sure their combined estimates match the allocations of the Budget Council. For instance, all the departmental estimates for KwaZulu-Natal added together must match the lump sum the Budget Council has allocated to that province. 25 Negotiations take place around this: ◆ Provincial treasuries have to negotiate with their provincial departments - which defend their estimates. ◆ The Department of State Expenditure negotiates with the national departments - which defend their estimates. The national MTEF Committee is like a referee here. It has to make the final decision about these national budgets. This is a difficult time. Provincial and national departments often have to take tough decisions about what budget cuts to make so that their estimates match the amount allocated to them. 26 September - October Everyone has a last say What is a conditional grant? ◆ The national MTEF Committee makes a decision on what budget allocations to recommend for each national department as part of the national budget. This recommendation goes to Cabinet. ◆ The Provincial Executive Councils meet to consider their draft, consolidated provincial MTEF. ◆ Sectorial teams for education, health, social welfare, justice, and defence also look at the estimates. Their comments are incorporated into the overall draft budget. These teams are made up of civil servants, usually from the national Department of Finance. They include some sectorial representatives from national and provincial departments. ◆ Proposals for conditional grants to each province are also developed. In addition to the allocations to provinces made through the horizontal division, a number of conditional grants are allocated to provinces. They are often granted to help fulfil national priorities such as improved child nutrition. Provincial departments have to submit proposals to show how the money from the grants will be used. Grants are approved by the national parliament and the money for them must come out of the budget of the relevant department. So the money for conditional grants that are health related, come out of the national health budget. The health sector receives around half of all conditional grants, which include the following: ◆ the Primary School Nutrition Programme; ◆ research and training of health professionals; ◆ hospital construction or rehabilitation ◆ a central hospital grant ◆ a grant to help with the redistribution of health services 27 November - December A draft, overall MTEF is finalised and a Medium Term Budget Policy Statement is published. Once the Cabinet, the Provincial Executive Councils and the sectorial MTEF teams have reviewed all the national and provincial MTEFs, a draft, overall MTEF is compiled and submitted to the Budget Council and the Cabinet. This document: 28 ◆ shows how the budget matches the broad policy framework set out at the beginning of the cycle; ◆ suggests allocations for the three year period; ◆ analyses the implications of these allocations; ◆ suggests alternative expenditure options. Once the Budget Council and Cabinet have approved the draft overall MTEF, the vertical and horizontal divisions are finalised. Allocations to national government and to each province are adjusted to meet the requirements of this draft. National departments and provincial treasuries are then told how much they will be allocated. They then have to finalise their MTEFs to fall into line with this allocation. This includes finalising how much they will allocate to different departments, programmes and sub-programmes. They must take into consideration any recommendations from the Provincial Executive Councils, Budget Council, Cabinet or sectorial MTEF teams. A Medium Term Budget Policy Statement is published which sets out the policies upon which the MTEF is based. It is likely that in future, the draft MTEF will be released to parliament along with this policy statement. This is important for legislators as it will give them time to consider the budget before it is presented to parliament in February. What is a Medium Term Budget Policy Statement? This is published each year, a few months before Budget Day. It contains: ◆ a summary of government's goals and objectives; ◆ information about how the government expects the economy to perform over the next three years; ◆ how much tax is expected to be collected; ◆ levels of government spending and government deficit; ◆ an explanation of the way revenue will be shared between national, provincial and local government; ◆ a summary of the policies upon which the MTEF is based. The objectives in publishing such a document ahead of the actual budget are: ◆ to improve transparency; ◆ so debates about the budget can be informed. 29 January Final stamp of approval The final MTEF is submitted to Budget Council and Cabinet for approval. Detailed national and provincial expenditure estimates for the year immediately ahead are finalised and documentation prepared. 30 February Budget Day and follow up discussion The minister presents the budget to parliament The national budget is presented to the National Assembly. The Division of Revenue Bill accompanies it. This outlines how the vertical and horizontal divisions were worked out. As from 1999, the budget will be read on the second Wednesday of February, to allow for more extensive and meaningful parliamentary debate before the start of the next financial year. The provincial government budget is presented to the provincial legislature. The budget itself is not law. A Bill has to be drawn up to allow the various departments to spend the money allocated to them. This is called an Appropriation Bill. 31 March - April Portfolio committees and provincial standing committees hold hearings and report to legislators Portfolio committees hold hearings After the first reading of the budget, the Appropriation Bill and the proposed tax amendments go to the National Assembly Portfolio Committee on Finance. It has seven days to hear responses to the Bill. The Committee invites submissions from whomever it chooses. They usually ask for submissions from government departments and the South African Reserve Bank. In 1999, they asked a range of civil society groups to make submissions around social services. These groups were asked to comment on the budget and say whether they felt it addressed social sector needs and priorities. The main purpose for this is to hear about different aspects of the budget from technical experts, as most members of the Portfolio Committee do not have in-depth knowledge of specific sectors. The submissions are also to provide some opportunity for civil society groups 32 to air their views. The Portfolio Committee then considers whether they want to propose anything to parliament arising from these submissions. The Appropriation Bill is then voted on in the National Assembly. The budget for each department has to be voted on. At present no amendments to the overall budget are allowed. Shifts in the allocation of money from one department to another - for example more to Health and less to Education - are not allowed either. However, it is possible to make changes to the way that money has been allocated within a department - for example if parliamentarians feel that not enough money has been allocated to HIV/AIDS programmes and too much has been allocated to subsidies for medical research. At the provincial level the Appropriation Bill then goes to the National Council of Provinces. Through its Select Standing Committee on Finance it may hold public hearings on this Bill. It is important to note that once the Money Bills Amendment Procedure Bill is law, the National Council of Provinces will be able to recommend that the Bill is passed, amended or rejected. If it recommends either to amend or reject the Bill, the National Assembly will have to reconsider it. 33 January - March 1. Setting policies, estimating revenue and setting an upper limit on spending March - May March - April 9. Portfolio committees and provincial standing committees hold hearings and report to legislators 2. Departments estimate their expenditure and submit draft expenditure applications May - June February 3. Guideline estimations are determined for vertical and horizontal allocations 8. Budget Day and follow up discussion June - August January 4. Departmental estimates are combined into one sum and matched with Budget Council’s allocation 7. Final stamp of approval September October November - December 6. A draft, overall MTEF is finalised and a Medium Term Budget Policy Statement is published 5. Everyone has a last say Month by Month progress of Budget cycle 34 Summary of the national and provincial budget processes National departmental budgets 1. National departments develop their three-year rolling budgets and submit them to the Department of State Expenditure. 2. At approximately the same time, the Budget Council determines the vertical and horizontal divisions and informs the national departments what the national allocation for will be. 3. 4. 5. The Department of State Expenditure combines all the estimates of the national departments into one consolidated amount. It then compares these to the amount they have been allocated by the Budget Council. The national departments negotiate with their relevant programme officer of the Department of State Expenditure. The Medium Term Expenditure Committee adjudicates. The Medium Term Expenditure Committee recommends budget allocations for each national department as part of a consolidated national Medium Term Expenditure. This recommendation is submitted to the Budget Council and to Cabinet for their consideration. 6. The Budget Council and Cabinet consider all the submissions and decide on a final amount for the vertical and horizontal divisions. The Department of State Expenditure is informed of the final global national budget allocation. 7. Based on these allocations, the Department of State Expenditure prepares a final consolidated national Medium Term Expenditure Framework. This is once again submitted to the Budget Council and Cabinet for final approval. Budget Council and Cabinet 7 5 6 2 DSE, DoF, MTEF Committee 3 1 4 National spending agencies National budget process 35 Provincial departments budgets 1. Provincial departments develop their three-year rolling budgets and submit them to the provincial treasuries. 2. At approximately the same time, the Budget Council determines the vertical and horizontal divisions and informs the provincial treasuries of their global allocation for the province. 3. The provincial treasuries combine all the estimates of the provincial departments into one consolidated amount. They then compare these to the amount that they have been allocated by the Budget Council. 4. The provincial treasuries negotiate with the provincial departments to try and bring their provincial estimates in line with the allocation from the Budget Council. They then submit their final estimations to their Provincial Executive Council. 5. The individual provincial Medium Term Expenditure Framework estimates are consolidated and then submitted to the Budget Council and Cabinet for their consideration. Provincial budget process 6. The Budget Council and Cabinet consider all the submissions and decide on a final amount for the vertical and horizontal divisions. Provincial treasuries are informed of their final budget allocations. 7. Based on these allocations, the provincial treasuries prepare their final consolidated provincial Medium Term Expenditure Framework which is once again submitted to the Budget Council and Cabinet for final approval. Budget Council and Cabinet 7 5 6 2 Provincial treasuries & EXCOs 3 1 4 Provincial spending agencies 36 Legislators and the Budget Process Throughout the world, there are debates about how much power governments should allow the executive and the legislature when it comes to drawing up or amending a national budget. It is generally accepted that the executive has the information and knowledge required to prepare a budget. The legislature monitors the process and gives the executive the authority to raise and spend revenue. Wha What do you think about the role of legislators in the budget process at the moment? t hi nk When the budget is finally presented to parliament, legislators vote to accept or reject it. But what part can they play in the process leading up to this? Most budget decisions are made by the Budget Council, Cabinet and the Provincial Executive Committees. Initial departmental estimates are drawn up by civil servants in the respective departments. Can legislators influence budget priorities and allocations? If so, how? do you t Those who think the legislature should be more involved in the process, say this will mean that the priorities set by the executive can be debated more openly. And the way revenue is allocated can be checked much more closely. Those in support of increased legislative power say legislators should be able to make amendments to the budget instead of just voting for or against it. Those who think the powers of the legislature over the budget should not increase and that legislators should not be able to make amendments to the budget, say this would cause problems for long term planning. They say the legislature does not have enough research capacity and the executive will always have more information about the budget and will always be in a better position to make sound, long-term decisions. 37 What is the situation in South Africa at the moment? At the moment legislators in South Africa do not have a lot of power to influence the budget. Their role is restricted to single points in time when they can debate budgets once they are presented in the National Assembly, the National Council of Provinces, or Provincial Legislature. What legislators can do, however, is to prepare in advance for the short window of opportunity that they do have in the whole process. The rights of parliamentary committees in money matters The Constitution gives both national parliamentary committees and committees of the National Council of Provinces the right to introduce legislation into their respective parliaments. However, at the moment, these rights do not extend to Money Bills. Committees are, however, entitled to call anyone to report to them. They can receive petitions or submissions on any parliamentary matters, from interested people or institutions. Impacting on policy Important government policy is always debated in parliament. Legislation putting these policies into practice is passed in parliament. Although this may seem far removed from the actual budget process, these decisions by parliament should form the basis for the government priorities determined by Cabinet (January - March) and by the Minister's Committee on the Budget (Mincombud) from September to October. Impacting on the vertical and horizontal divisions As we have mentioned, on Budget Day the national government budget is presented to the National Assembly together with the Division of Revenue Bill. This outlines the method used to work out the vertical and horizontal divisions. If the National Council of Provinces rejects or suggests amendments to this Bill, the National Assembly may either pass the Bill with the suggested amendments of the National Council of Provinces, or make other amendments that are acceptable. If the National Assembly rejects the amendments of the National Council of Provinces altogether, then the Bill goes before a mediation committee. 38 The vertical and horizontal divisions form the basis of the budget. There is a proposal that the Division of Revenue Bill is presented to parliament at a much earlier stage so there can be time to debate and settle this before the details of other allocations are worked out. Amending the budget At present legislators can only vote for or against a Money Bill. However, when the Money Bills Amendment Procedure Act becomes law it will be possible to make limited amendments to budgets within a particular departmental vote. A vote is the budget for a specific department. While parliament will not be allowed to change tax rates or to change allocations across departmental votes, it will be allowed to suggest changes to allocations within a particular vote. Parliament would not be able to suggest reducing the health budget and giving more money to education, but could suggest changes within the health vote. For example, if parliamentarians feel the national Department of Health has allocated too much money to subsidies for medical research and not enough to HIV/AIDS education programs, they can recommend a re-allocation between these two. Provincial parliaments will also be able to suggest and vote on amendments within provincial departmental budgets. 39 40 This publication, for national and provincial legislators, is about the process leading up to the budget speech, and what happens immediately after it has been presented. This guide: ◆ looks at the links between the Constitution, policy, equity and the budget; ◆ explains the stages the budget goes through as it is drafted, negotiated and approved; ◆ examines how much South Africans, through their parliamentary representatives, can impact on their budget; ◆ asks whether there is sufficient transparency in the present process. It will also be a useful handbook for people working in civil society organisations, or in jobs where it is important to have a basic understanding of the budget process. http://www.hst.org.za Designed and printed by The Press Gang Durban Tel (031) 307 3240
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