South AfricaZA

Article 216 of the Constitution of South Africa

Article
216
Chapter
CHAPTER 12 — TRADITIONAL LEADERS
Index row title
(1) National legislation must establish a national treasury and prescribe measures to ensure both transparency and expenditure control in each sphere of government, by
Source document
The South Africa Constitution
Provision ID
64a969b0-452b-42a9-896a-1befe9e735c8

266 words

Verbatim text

introducing— (a) generally recognised accounting practice; (b) uniform expenditure classifications; and (c) uniform treasury norms and standards. (2) The national treasury must enforce compliance with the measures established in terms of subsection (1), and may stop the transfer of funds to an organ of state if that organ of state commits a serious or persistent material breach of those measures. [Sub-s. (2) substituted by s. 5 (a) of the Constitution Seventh Amendment Act of 2001.] (3) A decision to stop the transfer of funds due to a province in terms of section 214(1) (b) may be taken only in the circumstances mentioned in subsection (2) and— (a) may not stop the transfer of funds for more than 120 days; and (b) may be enforced immediately, but will lapse retrospectively unless Parliament approves it following a process substantially the same as that established in terms of section 76(1) and prescribed by the joint rules and orders of Parliament. This process must be completed within 30 days of the decision by the national treasury. [Sub-s. (3) amended by s. 5 (b) of the Constitution Seventh Amendment Act of 2001.] (4) Parliament may renew a decision to stop the transfer of funds for no more than 120 days at a time, following the process established in terms of subsection (3). (5) Before Parliament may approve or renew a decision to stop the transfer of funds to a province— (a) the Auditor-General must report to Parliament; and (b) the province must be given an opportunity to answer the allegations against it, and to state its case, before a committee. Procurement

What this means

  • The index files this text under article 216 of the Constitution of South Africa.
  • The index files it under the chapter heading “CHAPTER 12 — TRADITIONAL LEADERS”.
  • The passage runs to about 266 words.

The row’s stored title is a body fragment, not a heading (“(1) National legislation must establish a national treasury and prescribe measures to ensure both transparency and expenditure control in each sphere of government, by”), so it is not used as the provision’s title here.

The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.

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How to cite this

Constitution of South Africa, article 216, Portable Lawyer, https://www.portablelawyer.app/provision/64a969b0-452b-42a9-896a-1befe9e735c8 (accessed 25 October 2026).

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Accessed 25 October 2026.

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