| (a) |
An executive authority of— |
| (ii) |
the Office of the Premier may, after consultation with the Minister; or |
| (iii) |
a provincial department may, in consultation with the Premier and after consultation with the Minister, |
establish or abolish a special service delivery institution within that department or Office and designate any such unit and the head thereof, or amend any such designation.
| (b) |
The Minister shall by notice in the Gazette give effect to such establishment, abolition, designation or amendment. |
| (2) |
An executive authority may only request the establishment of a unit if the prescribed feasibility study is conducted and the outcome thereof recommends its establishment. |
| (3) |
The head of a unit 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 |
| (4) |
The relevant executive authority shall approve a protocol for each unit which— |
| (i) |
the relevant provisions of legislation which confer powers, and impose duties, on the head of the unit; and |
| (ii) |
a reference to each notice regarding assigned powers and duties of the head of the unit, contemplated in subsection (5); |
| (b) |
may list the delegated powers and duties of the head of the unit contemplated in subsection (6), (7) or (10); |
| (c) |
shall, subject to applicable legislation determine the reporting requirements to the head of the department, including, but not limited, to enabling that head to advise the relevant executive authority on the oversight of the unit on policy implementation, performance, integrated planning, budgeting and service delivery (insofar as applicable); |
| (d) |
may include any administrative or operational matter relating to the unit, including the sharing of internal services of the department; |
| (e) |
may establish an advisory board without executive functions for the unit and determine the board's composition, appointment procedure and remuneration and all matters required for its effective and efficient functioning; and |
| (f) |
may include any other matter necessary for the effective and efficient functioning of the unit. |
| (5) |
Notwithstanding anything to the contrary in any other law, section 7A(5) applies with the changes required by the context to the assignment by the executive authority of a department to the head of the unit of any power conferred, or duty imposed, on— |
| (a) |
that executive authority (except the making of regulations) by national legislation; or |
| (b) |
any official of the department by national legislation. |
| (6) |
Notwithstanding anything to the contrary in any other law, the executive authority or the head of a department may, except a power or duty to make regulations— |
| (a) |
delegate to the head of a unit in the department any power conferred on that executive authority or head of the department by national legislation (other than this Act and the Public Finance Management Act); or |
| (b) |
authorise the head of the unit to perform any duty imposed on the executive authority or head of the department by national legislation (other than this Act and the Public Finance Management Act). |
| (7) |
Notwithstanding section 42A, the executive authority or the head of a department may, in respect of a unit— |
| (a) |
delegate a power conferred on the executive authority or the head by this Act in respect of a unit, only to the head of that unit; or |
| (b) |
only authorise the head of that unit to perform a duty imposed on the executive authority or the head of the department by this Act. |
| (8) |
The head of a unit may— |
| (a) |
delegate to an employee of the unit any power assigned or delegated to that head in terms of subsection (5), (6)(a) or (7)(a); or |
| (b) |
authorise an employee of the unit 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) or (7)(b). |
| (9) |
Any delegation of a power or authorisation to perform a duty in terms of subsection (6), (7) or (8)— |
| (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. |
| (a) |
Subject to the approval of the relevant Treasury, as defined in section 1 of the Public Finance Management Act, the accounting officer of a department shall— |
| (i) |
delegate all powers conferred by that Act and any regulations and instructions made or issued thereunder, on that accounting officer in respect of a unit in that department to the head of that unit; |
| (ii) |
authorise the head of a unit to perform all duties imposed by that Act and any regulations and instructions made or issued thereunder, on that accounting officer in respect of the unit in that department. |
| (b) |
Any such delegation or authorisation shall be subject to section 44(2) and (3) of the Public Finance Management Act, except that the delegation or authorisation may only be revoked under such circumstances as determined by treasury regulations or instructions made or issued in terms of section 76 of the Public Finance Management Act, read with this section. |
| (c) |
The head of the unit may, subject to section 44(2) and (3) of the Public Finance Management Act— |
| (i) |
delegate any power, delegated to the head in terms of paragraph (a), to an employee in the unit; |
| (ii) |
instruct an employee in the unit to perform a duty that the head is authorised to perform in terms paragraph (a). |
| (d) |
Accountability for the compulsory delegations and authorisations contemplated in paragraph (a) shall be as determined by treasury regulations or instructions made or issued in terms of section 76 of the Public Finance Management Act, read with this section. |
| (11) |
Nothing in this Act prevents the assignment or delegation of powers or duties to the head of a unit in the Office of a Premier or a provincial department in accordance with provincial legislation of the province in question. |
[Section 7B inserted by section 10 of Act No. 30 of 2007]
Older Persons Act, 2006
