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South African Law • Jurisdictional Corpus
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Division of Revenue Amendment Act, 2025

CitationAct No. 12 of 2025 (GG No. 54104, 11 February 2026)
JurisdictionZA
Area of Law
Constitutional LawPublic Finance Law
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Intergovernmental Fiscal Relations
Statutory Law

Facts of the Case

The text provided is not a court judgment but a Government Gazette publishing the Division of Revenue Amendment Act, 2025, assented to by the President on 6 February 2026 and published on 11 February 2026. The Act amends the Division of Revenue Act, 2025 (Act No. 2 of 2025) in accordance with section 12(4) of the Money Bills and Related Matters Act, 2009, following adjustments to the fiscal framework. It substitutes Column A of Schedule 1, Schedule 2, Parts A and B of Schedule 4, Parts A and B of Schedule 5, and Part A of Schedule 6 of the principal Act to revise the equitable division of nationally raised revenue and various allocations to provinces and municipalities for the 2025/26 financial year. It also amends section 16 of Act 2 of 2025 by inserting subsections 7A to 7C dealing with payment schedules, gazetting of transfers, and amendment of payment schedules for the Community Library Services Grant where municipalities have assigned library functions under section 126 of the Constitution.

Legal Issues

  • No judicial legal issues arise because the text is legislation, not a court judgment.
  • Whether Parliament may amend the Division of Revenue Act for the relevant financial year in terms of section 214(1) of the Constitution and section 12(4) of the Money Bills and Related Matters Act, 2009.
  • How adjusted allocations to national, provincial and local spheres, and to specific grants, are to be structured for the 2025/26 financial year.
  • How the Community Library Services Grant must be administered where municipalities have assigned functions under section 126 of the Constitution.

Judicial Outcome

The Division of Revenue Amendment Act, 2025 was enacted. Its operative provisions substitute the relevant schedules in the Division of Revenue Act, 2025 for the 2025/26 financial year, amend section 16 by inserting subsections 7A to 7C concerning the Community Library Services Grant, and provide that the short title is the Division of Revenue Amendment Act, 2025.

Ratio Decidendi

Not available. There is no ratio decidendi because the text is not a court judgment and contains no binding judicial reasoning. The closest equivalent is the legislative rule that, pursuant to section 214(1) of the Constitution and section 12(4) of the Money Bills and Related Matters Act, 2009, Parliament may amend the Division of Revenue Act to reflect revised fiscal allocations, and that receiving officers and affected municipalities must follow prescribed procedures for the Community Library Services Grant.

Obiter Dicta

Not available. There is no obiter dicta because the text is legislation rather than a judgment containing judicial observations.

Legal Significance

Although not a judicial precedent, the Act is significant in South African public finance and intergovernmental relations because it operationalises section 214(1) of the Constitution for the adjusted budget cycle. It demonstrates the annual and adjustment-budget mechanism by which nationally raised revenue is reallocated among the national, provincial and local spheres, and it regulates conditional and specific-purpose grants. The amendment to section 16 is particularly important for the administration of the Community Library Services Grant where library functions are assigned to municipalities under section 126 of the Constitution, reinforcing fiscal oversight, payment scheduling, and transparency through gazetted transfer amounts.

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