| (2) |
Subject to subsection (3), the head of a government component, established in terms of section 7(5)(c) or (d), may have any one or more of the following powers or duties or both such powers and duties: |
| (a) |
Powers conferred, or duties imposed, by national or provincial legislation; |
| (b) |
powers or duties assigned in terms of subsection (5) or other legislation; |
| (c) |
powers or duties delegated in terms of subsection (6) or other legislation; and |
| (3) |
No power, duty or function regarding the realisation of a right contemplated in section 26, 27, 28 or 29 of the Constitution and other prescribed powers, duties and functions, may be assigned or delegated, allocated or transferred in terms of subsection (2)(b), (c) or (d). |
| (4) |
For each government component, the relevant executive authority, after consultation with the Minister and the Minister of Finance, and by notice in the Gazette— |
| (i) |
the relevant provisions of legislation which confer powers, and impose duties, on the head of the component; and |
| (ii) |
a reference to each notice regarding assigned powers and duties of the head of the component contemplated in subsection (5); |
| (a) |
may list the delegated powers and duties of the head of the component contemplated in subsection (6); |
| (b) |
shall, subject to applicable legislation, determine the reporting requirements to the head of the principal department to enable that head to advise the relevant executive authority on the oversight of the component on policy implementation, performance, integrated planning, budgeting and service delivery (insofar as applicable); |
| (c) |
may include any administrative or operational matter relating to the component, including the sharing of internal services with the principal department; |
| (d) |
may establish an advisory board without executive functions for the component and determine the board's composition, appointment procedure and remuneration and all matters required for its effective and efficient functioning; and |
| (e) |
may include any other matter necessary for the effective and efficient functioning of the component. |
| (a) |
Notwithstanding anything to the contrary in any other law, but subject to subsection (3), the executive authority of a government component may assign to the head of that component any power conferred, or duty imposed, on— |
| (i) |
that executive authority (except the making of regulations) by national legislation; or |
| (b) |
Such assignment is subject to— |
| (i) |
if the executive authority is not the Minister responsible for the administration of the national legislation in question (in this section referred to as 'the responsible Minister'), consultation with that Minister; |
| (ii) |
the approval of Parliament of the intended notice as contemplated in this subsection; and |
| (iii) |
publication by notice in the Gazette. |
| (c) |
The notice shall stipulate— |
| (i) |
the powers and duties to be assigned in terms thereof; |
| (ii) |
ithe effective date of the assignment; and |
| (iii) |
the conditions that the executive authority considers appropriate. |
| (d) |
The responsible Minister shall table the notice in Parliament for approval. |
| (e) |
Parliament may reject the notice within 90 days after it has been tabled, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 45 days after the commencement of its next ensuing ordinary session. |
| (f) |
If Parliament rejects such notice, the responsible Minister may table an amended notice in Parliament. |
| (g) |
If the responsible Minister tables an amended notice and Parliament— |
| (i) |
approves the amended notice, the responsible Minister must publish that notice in terms of paragraph (b) (iii) within 30 days of the Parliament's approval; or |
| (ii) |
rejects the amended notice within 90 days after it has been tabled, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 45 days after the commencement of its next ensuing ordinary session, paragraph (f) and this paragraph apply. |
| (h) |
If Parliament does not reject a notice as contemplated in paragraph (e) or (g)(ii)— |
| (i) |
such notice shall be deemed to have been approved by Parliament; and |
| (ii) |
the responsible Minister must publish the notice in terms of paragraph (b) (iii) within 30 days after the periods referred to in paragraph (e) or (g)(ii), as the case may be. |
| (i) |
A notice may at any time in like manner be amended or withdrawn. |
| (j) |
Any assignment in terms of this subsection shall divest the person whom was vested with the assigned power or duty. |
| (6) |
Notwithstanding anything to the contrary in any other law, the executive authority of a government component or the head of the principal department of that component may, except a power or duty to make regulations— |
| (a) |
delegate to the head of the component any power conferred on that executive authority or head of the principal department by this Act or any other national legislation; or |
| (b) |
authorise the head of the component to perform any duty imposed on the executive authority or head of the principal department by this Act or any other national legislation. |
| (7) |
The head of a government component may— |
| (a) |
delegate to an employee of the component any power assigned or delegated to that head in terms of subsection (5) or (6) (a); or |
| (b) |
authorise an employee of the component to perform any duty assigned to that head in terms of subsection (5) or any duty that that head is authorised to perform in terms of subsection (6)(b). |
| (8) |
Any delegation of a power or authorisation to perform a duty in terms of subsection (6) or (7)— |
| (a) |
shall be subject to the conditions the person who made the delegation or granted the authorisation considers appropriate; |
| (c) |
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 |
| (d) |
may at any time be withdrawn in writing by that person. |
| (9) |
Nothing in this Act prevents the assignment or delegation of powers or duties to the head of a provincial government component in accordance with provincial legislation of the province in question. |
[Section 7A inserted by section 10 of Act No. 30 of 2007]
Financial Services Board Act, 1990
