Promotion of Access to Information Act, 2000
R 385
South African National Water Resources Infrastructure Agency SOC Limited Act, 2024 (Act No. 34 of 2024)Chapter 3 : Governance of Agency21. Delegation of powers and assignment of functions by Board |
| (1) | Subject to subsections (2) and (3), the Board may, by special resolution, delegate any power or assign any function entrusted to it under this Act to— |
| (a) | the Chief Executive Officer; |
| (b) | a Board member; or |
| (c) | a committee established under section 16. |
| (2) | Any power delegated, or function assigned must be exercised or performed subject to such conditions as the Board considers necessary. |
| (3) | The Board may not delegate— |
| (a) | any power conferred in terms of section 66(3) of the Public Finance Management Act to borrow money, or issue a guarantee, indemnity or security, or enter into any other transaction that binds or may bind the Agency to any future financial commitment without the authority of the Minister of Finance; |
| (b) | the power to appoint specialists or advisors to advise the committees of the Board; |
| (c) | the power to recommend the Chief Executive Officer; |
| (d) | the power to approve the appointment of the Chief Financial Officer; |
| (e) | the conclusion of the shareholder’s compact; and |
| (f) | the adoption of the Agency’s corporate plan. |
| (4) | A delegation by the Board— |
| (a) | must be in writing; and |
| (b) | does not prohibit the Board from exercising the power or performing the duty that is delegated. |
