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Social Assistance Act, 2004 (Act No. 13 of 2004)

Chapter 5 : General Provisions

29. Delegation

 

(1) The Minister may in writing—
(a) delegate to the Member of the Executive Council responsible for social development in a province, the Director-General, the Agency, a staff member of the Inspectorate or an officer of the Department any power conferred upon the Minister by this Act, except the power to make regulations;
(b) authorise the Director-General, the Agency, a staff member of the Inspectorate or an officer of the Department to perform any duty imposed upon the Minister by this Act.

 

(2) The Director-General may in writing—
(a) delegate to a staff member or any officer of the Department any power delegated to him or her in terms of subsection (1)(a);

[Section 29(2)(a) substituted by section 9(a) of the Social Assistance Amendment Act 2020, Notice No. 1414, GG44035, dated 23 December 2020: effective 30 May 2022 as per Proclamation Notice 62, GG46454, dated 30 May 2022]

(b) authorise that staff member or officer to perform any duty which he or she has been authorised to perform in terms of subsection (1)(b).

 

(2A) The Executive Director may in writing—
(a) delegate to a staff member or any officer of the Inspectorate any power conferred upon the Executive Director by this Act;
(b) authorise a staff member or officer of the Inspectorate to perform any duty which he or she has been authorised to perform by this Act or in terms of subsection (1)(b).

[Section 29(2A) inserted by section 9(b) of the Social Assistance Amendment Act 2020, Notice No. 1414, GG44035, dated 23 December 2020: effective 30 May 2022 as per Proclamation Notice 62, GG46454, dated 30 May 2022]

 

(3) Any person to whom a power has been delegated or who has been authorised to perform a duty in terms of subsections (1), (2) or (2A), must exercise that power or perform that duty subject to the conditions determined by the person who effected the delegation or granted the authorisation.

[Section 29(3) substituted by section 9(c) of the Social Assistance Amendment Act 2020, Notice No. 1414, GG44035, dated 23 December 2020: effective 30 May 2022 as per Proclamation Notice 62, GG46454, dated 30 May 2022]

 

(4) Any delegation of a power or authorisation to perform a duty under subsection (1)—
(a) does not prevent the person who effected the delegation or granted the authorisation from exercising that power or performing that duty himself or herself;
(b) may at any time be amended or withdrawn in writing by the person who effected the delegation or granted the authorisation.