HEADING. TAHOMA, BOLD 20 PT

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Presentation 5 Legislative Framework and ME
Process29 January 2013 Presentation to the
Workshop with the Parliamentary Standing
Committee on Appropriations
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LEGISLATIVE FRAMEWORK AND ME PROCESS

• CONSTITUTION
• Act Number 108 of 1996- The Constitution of RSA-
  mandates government to make available
  opportunities for youth to access education,
  skills and employment, and other sources of
  income
• PFMA
• The NYDA is classified as a schedule 3A Public
  Entity and is regulated by specifically Chapter 6
  of the PFMA, this chapter provides for the
  following
• Accounting Authorities (The National Board)
• Fiduciary duties of accounting authorities
  (provides for the fiduciary duties of members of
  the board both individually and collectively with
  regards to the activities of the entity
• General responsibilities of Accounting
  Authorities (this details the oversight role of
  the board members towards the entity)
• Annual budgets submission (provides for formats
  and time frames of submission of the budgets)
• Information to be submitted by Accounting
  Authorities (to various stakeholders, e.g Auditor
  General and the Executive Authority)
• Annual report and financial statements (formats
  and time frames of submission to various stake
  holders)
• Responsibilities of other officials ( details
  the responsibilities of all other officials of
  the entity towards the activities of the entity)
• The Public Finance Management Act No.1 of 1999 is
  further augmented by other regulations focusing
  specifically on Supply Chain Management, these
  are
• Treasury Regulations issued in terms of the PFMA,
  in March 2005 which regulates the procurement of
  goods and services
• Preferential Procurement Policy Framework Act No.
  5 of 20000 (PPPFA), which seeks to empower
  economically the previously disadvantage people
• Broad Based Black Economic Empowerment Act No. 53
  of 2003 (BBBEEA), which seeks to ensure the
  empowerment of black people within the
  shareholding and management structures of various
  industries of the South African economy

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LEGISLATIVE FRAMEWORK AND ME PROCESS
NATIONAL CREDIT ACT NO 34 OF 2005

• The NYDA is an authorised registered financial
  services provider regulated by the National
  Credit Act on its lending activities, this act
  aims to achieve the following amongst others
• The Act aims to promote a fair and
  non-discriminatory marketplace for access to
  consumer credit and for that purpose to provide
  for the general regulation of consumer credit and
  improved standards of consumer information
• To promote black economic empowerment and
  ownership within the consumer credit industry
• To prohibit certain unfair credit and
  credit-marketing practices
• To promote responsible credit granting and use
  and for that purpose to prohibit reckless credit
  granting
• To provide for debt re-organisation in cases of
  over-indebtedness
• To regulate credit information
• To provide for registration of credit bureaux,
  credit providers and debt counselling services
• To establish national norms and standards
  relating to consumer credit
• To promote a consistent enforcement framework
  relating to consumer credit
• To establish the National Credit Regulator and
  the National Consumer Tribunal
• To repeal the Usury Act, 1968, and the Credit
  Agreements Act, 1980 and to provide for related
  incidental matters.

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ME FRAMEWORK AND PROCESS

• MONITORING AND REPORTING
• NYDA develops an Annual Performance Plan (APP) as
  per National Treasury Regulations
• This gets approved by Executive Authority and
  National Treasury (NT)
• Programmes and Projects are then allocated
  budgets and implemented according to approved
  APP
• Implementing units report progress monthly and
  the ME unit consolidates a monthly report of the
  organisation
• All information is verified using agreed upon
  tools before being included in the report
• Reports and verification forms are signed by
  Executive Managers before the Executive Manager
  for Research and Policy certifies the submitted
  reports to be meeting required standard as per
  the ME framework and current years APP
• Quarterly a report is collated and submitted to
  the CEO for review and approval before submission
  to Executive Authority who then submit to NT
• An Internal Audit Team audits this information
  and provides advise to management and AG would
  then audit final annual performance.
• Process flow cycle for NYDAs ME system which is
  based on approved is attached.

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ME FRAMEWORK AND PROCESS

• EVALUATIONS
• NYDA conducts evaluations for every project
  implemented
• Multi year programmes such as NYS are evaluated
  periodically and usually by external partners for
  authenticity
• Results of evaluations are used to inform
  decision making within projects for efficiency
  and effectiveness
• They are also used to inform internal and
  external policy and decision making process by
  management and authorities
• Results are written in academic fashion for
  consumption but also packaged in simple form for
  consumption by general clientele
• For the past 2 years, NYDA has published
  electronically and otherwise, the Evaluations
  Compendium which is a collection of all
  evaluations conducted in a financial year
• We also conduct research on areas that are
  mandated by legislation such as the Status of the
  Youth Report which is a report President must
  table before parliament every three years
• We conduct impact regulatory assessment on
  legislation that is being developed or amended.