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Older Persons Act, 2006 (Act No. 13 of 2006)

Chapter 6 : General and Supplementary Provisions

32. Delegation

 

(1) The Minister may—
(a) delegate to any officer of the Department any power conferred upon the Minister by this Act, except the power to make regulations; and
(b) authorise any such officer to perform any duty imposed upon the Minister by this Act.

 

(2) The Minister may, with the concurrence of the Premier of a province—
(a) delegate to the Member of the Executive Council of that province responsible for social development any power conferred upon the Minister by this Act, except the power to make regulations; and
(b) authorise that Member of the Executive Council to perform any duty imposed upon the Minister by this Act.

 

(3) The Member of the Executive Council of a province responsible for social development may—
(a) delegate to any officer of the provincial administration concerned any power delegated to that Member under subsection (2);
(b) authorise any such officer to perform any duty which that Member is authorised to perform under subsection (2).

 

(4) The Director-General may—
(a) delegate to any other officer of the Department any power conferred upon the Director-General by this Act; and
(b) authorise any such officer to perform any duty imposed upon the Director-General by this Act.

 

(5) The Director-General may, with the concurrence of the relevant Director-General of a provincial administration—
(a) delegate to the Head of Department of that province responsible for social development any power conferred upon the Director-General by this Act; and
(b) authorise that Head of Department to perform any duty imposed upon the Director-General by this Act.

 

(6) A Head of Department may—
(a) delegate to any other officer of the provincial administration concerned any power delegated to him or her under subsection (5); and
(b) authorise any such officer to perform any duty which he or she is authorised to perform under subsection (5).

 

(7) Any person to whom any power has been delegated or who has been authorised to perform a duty under this section must exercise that power or perform that duty subject to such conditions as the person who effected the delegation or granted the authorization considers necessary.

 

(8) Any delegation of a power or authorisation to perform a duty under this section—
(a) must be in writing;
(b) does not prevent the person who effected the delegation or granted the authorisation from exercising that power or performing that duty himself or herself; and
(c) may at any time be withdrawn in writing by that person.