(i) |
delegate to the Director-General: Public Service and Administration any power conferred on the Minister by this Act, except the power to make regulations; or |
(ii) |
authorise that Director-General to perform any duty imposed on the Minister by this Act. |
(b) |
The Director-General: Public Service and Administration may— |
(i) |
delegate to any employee of his or her department any power delegated to him or her in terms of paragraph (a); or |
(ii) |
authorise that employee to perform any duty he or she is authorised to perform in terms of paragraph (a). |
(a) |
Subject to subsection (3)(b), the Premier of a province may— |
(i) |
delegate to the head of the Office of a Premier in the province any power conferred on the Premier by this Act; or |
(ii) |
authorise that head to perform any duty imposed on the Premier by this Act. |
(b) |
The head of the Office of a Premier may— |
(i) |
delegate to any employee in that Office any power delegated to him or her in terms of paragraph (a); or |
(ii) |
authorise that employee to perform any duty he or she is authorised to perform in terms of paragraph (a). |
(a) |
the President, delegate to the Deputy President or a Minister any power conferred on the President by section 12; or |
(b) |
the Premier of a province, authorise a Member of the relevant Executive Council to perform any duty imposed on the Premier by section 12. |
(4) |
Subject to subsection (3), an executive authority may— |
(a) |
delegate to the head of a department any power conferred on the executive authority by this Act; or |
(b) |
authorise that head to perform any duty imposed on the executive authority by this Act. |
(5) |
The head of a department or any other functionary may— |
(a) |
delegate to any employee of the department any power— |
(i) |
conferred on that head by this Act; or |
(ii) |
delegated to that head in terms of subsection (4); or |
(b) |
authorise that employee to perform any duty— |
(i) |
imposed on that head by this Act; or |
(ii) |
that that head is authorised to perform in terms of subsection (4). |
(6) |
Any person to whom a power has been delegated or who has been authorised to perform a duty under this section shall exercise that power or perform that duty subject to the conditions the person who made the delegation or granted the authorisation considers appropriate. |
(7) |
Any delegation of a power or authorisation to perform a duty in terms of this section— |
(b) |
does not prevent the person who made 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. |
[Section 42A substituted by section 37 of Act No. 30 of 2007]