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Critical Infrastructure Protection Act, 2019 (Act No. 8 of 2019)

Chapter 2 : Critical Infrastructure Council and Structures

Part C : Committees, exemption and delegations

14. Delegation of powers

 

(1) The Minister may, by notice in the Gazette, delegate any of his or her powers under this Act to the National Commissioner, except—
(a) the power conferred on the Minister by sections 11, 22, 23 and 27; and
(b) the duty imposed on the Minister by sections 4, 14(2), 15 and 20.

 

(2) The Minister must regularly review and, if necessary, amend or withdraw a delegation under subsection (1).

 

(3) A delegation to the National Commissioner under subsection (1)—
(a) is subject to such limitation and conditions as the Minister may impose;
(b) may authorise the National Commissioner to sub-delegate, in writing, the power or duty to another police official of a rank not less than that of level 13;
(c) does not prevent the exercise of that power or the performance of that duty by the Minister; and
(d) does not divest the Minister of the responsibility concerning the exercise of the delegated power.

 

(4) The Minister may confirm, vary or revoke any decision taken by a police official as a result of a delegation or sub-delegation under this section, subject to any rights that may have become vested as a consequence of that decision.

 

(5) The National Commissioner may, in writing, delegate any function conferred upon him or her by this Act to any police official of a rank not less than that of level 13.

 

(6) A delegation in terms of subsection (5)—
(a) is subject to such limitation and conditions as the National Commissioner may impose;
(b) does not prevent the exercise of that power or the performance of that duty by the National Commissioner; and
(c) does not divest the National Commissioner of the responsibility concerning the exercise of the delegated power.

 

(7) The National Commissioner may confirm, vary or revoke any decision taken by a police official as a result of a delegation under this section, subject to any rights that may have become vested as a consequence of that decision.