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Animal Health Act, 2002 (Act No. 7 of 2002)

3. Delegation of powers and assignment of duties by national executive officer

 

(1)
(a) The national executive officer may delegate any power conferred on him or her or assign any duty imposed on him or her by or under this Act—
(i) to any officer under his or her control;
(ii) to a person who is competent to exercise the power so delegated and perform the duty so assigned, who is not an officer;
(iii) with the approval of the MEC, to a provincial executive officer.
(b) A power delegated or duty assigned to a provincial executive officer may be further delegated or assigned by such provincial executive officer to any officer under his or her control or to an authorised person.

 

(2)
(a) The national executive officer must furnish the officers, authorised persons and provincial executive officers contemplated in subsection (1) with a written authority in which it is stated that the person mentioned therein is authorised to exercise the powers and perform the duties specified therein.
(b) The authorisation contemplated in paragraph (a) may—
(i) be written in general terms;
(ii) refer to cases of a particular nature;
(iii) refer to a specified prescribed measure;
(iv) refer to specified animal diseases or parasites; or
(v) refer to animal diseases or parasites in a specified area.

 

(3) When exercising a power delegated or performing a duty assigned under this section, the officer, authorised person or provincial executive officer must produce the authorisation contemplated in subsection (2)(a) at the request of any person.

 

(4) The national executive officer is not divested of any power delegated or any duty assigned and may amend or withdraw any decision made or instruction given by an officer, authorised person or provincial executive officer by virtue of such delegation or assignment, unless the decision has been conveyed to the person in respect of whom the decision applies, in which case the decision may be amended or withdrawn only if the amendment or withdrawal is to the benefit of that person or if that person consents to the amendment or withdrawal.