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Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013)

Chapter 9 : Administration of Act

47. Delegation of powers and assignment of duties by provincial head

 

(1) A provincial head to whom a power or duty has been assigned in terms of section 46 or upon whom a power or duty has been conferred or assigned by this Act, may, subject to subsection (4), delegate that power or assign that duty to an officer at director level or above in the employ of the provincial department concerned.

 

(2) A delegation or assignment in terms of subsection (1)—
(a) is subject to any limitations, conditions and directions which the provincial head may impose;
(b) must be in writing; and
(c) does not divest a provincial head of the responsibility concerning the exercise of the power or the performance of the duty.

 

(3) A provincial head may—
(a) confirm, vary or revoke any decision taken in consequence of a delegation or assignment in terms of this section, subject to any rights that may have accrued to a person as a result of the decision; and
(b) at any time withdraw a delegation or assignment.

 

(4) A provincial head may not delegate a power or assign a duty conferred on or assigned to him or her by section 19(10) or (11).