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

4. Designation of assignees

 

(1) The Minister may assign the administration of this Act or certain provisions thereof, throughout the Republic or in a particular area, to any person with an interest in or particular knowledge of animals and animal health.

 

(2) An assignment contemplated in subsection (1) must set out the powers and duties of the assignee who must exercise the powers and perform the duties subject to the directives of the national executive officer.

 

(3) Unless the Minister in a particular case directs otherwise, an assignee has no recourse against the State in respect of any expenses incurred in connection with the exercise of the powers or the performance of the duties in question.

 

(4) The chief executive officer, chairperson or any other person in charge of any assignee which is not a natural person—
(a) must act on behalf of that assignee in the exercise of the powers and the performance of the duties in question; and
(b) may in writing delegate or transfer to an employee of that assignee any power which the assignee may exercise or any duty which the assignee must perform in terms of this Act, or may in writing authorise or direct any such employee to exercise such power or perform such duty.

 

(5)
(a) A power exercised or duty performed by an employee contemplated in subsection (4) is regarded as having been exercised or performed by the chief executive officer, chairperson or any person in charge, as the case may be.
(b) The chief executive officer, chairperson or any person in charge may at any time amend or withdraw a decision made or an order given by such an employee 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has been conveyed to the person in respect of whom the decision applies, in which case the decision may be amended or withdrawn only if the amendment or withdrawal is to the benefit of that person or if that person consents to the amendment or withdrawal.

 

(6) Subject to subsection (2), an assignee may in consultation with the national executive officer determine a fee payable by the owner for the exercise of powers and the performance of duties by the assignee in terms of this Act.

 

(7) If an assignee does not comply with a provision of this Act, or with a direction by the national executive officer, the national executive officer may terminate or suspend the assignment.