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Skills Development Act, 1998 (Act No. 97 of 1998)

Constitutions

Constitution of the Mining Qualifications Authority (MQA)

17. Delegation and assignment of functions

 

17.1 The Authority may delegate any of its powers or assign any of its functions by or under this Act, the Mine Health and Safety Act or any other law to any committee, the Chief Executive Officer or any employee of the Authority.

 

17.2 The Authority may delegate any of its powers under the Public Finance Management Act only to the Chief Executive Officer or any employee of the Authority, as contemplated in section 56 of the Public Finance Management Act.

 

17.3 Any committee may delegate or assign any of its functions to any of its subcommittees.

 

17.4 The Chief Executive Officer may delegate any power or assign the performance of any function or duty imposed upon the Chief Executive Officer to any employee of the Authority.

 

17.5 A delegation or assignment under clauses 17.1, 17.2, 17.3 or 1 7.4:
17.5.1 must be in writing;
17.5.2 may be subject to such conditions and restrictions as determined by the Authority, a committee or the Chief Executive Officer, as the case may be; and
17.5.3 does not prevent the exercise of that power or performance of that function by the Authority, committee or the Chief Executive Officer, as the case may be.
17.5.4 The Authority, committee or Chief Executive Officer may not be divested of any power or duty by virtue of the delegation and may vary or set aside any decision made under the delegation.