Statistics Act, 1999
R 385
Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter X : General provisions72. Delegation and assignment of powers and agreements |
(1)
| (a) | The Minister may, in writing, delegate any power conferred on him or her by this Act or any other law to any – |
| (i) | person in the employ of the State; or |
| (ii) | board or body established under this Act, except the powers referred to in section 66. |
| (b) | The relevant member of the Executive Council may, in writing, delegate any power conferred on him or her by this Act or the Minister to any person or body referred to in paragraph (a). |
| (2) | A person or body to whom any power is delegated may exercise that power subject to the direction of the Minister or relevant member of the Executive Council. |
| (3) | The Minister or relevant member of the Executive Council may, at any time— |
| (a) | withdraw a delegation made under subsection (1); or |
| (b) | withdraw or amend any decision made in the exercise of such delegated power. |
| (4) | A decision made in the exercise of any delegated power, unless withdrawn or amended, is deemed to have been made by the Minister or relevant member of the Executive Council, as the case may be. |
| (5) | Any right or privilege acquired or any obligation or liability incurred as a result of a decision made in terms of a delegated power referred to in subsection (1) cannot be affected by any subsequent withdrawal or amendment of that decision. |
| (6) | The national department or a provincial department may enter into agreement with any non-governmental organisation or public or private provider of goods or services in order to exercise powers and perform functions and duties under this Act. |
