[Section 24A heading substituted by section 11 of the Upgrading of Land Tenure Rights Amendment Act, 1996 (Act No. 34 of 1996), Notice No. 1099, dated 3 July 1996]
(1) The Minister may, either in general or in a particular case or in cases of a particular nature, in writing delegate to—
| (a) |
Premier or a member of the Executive Council of a province; or |
| (b) |
any officer in the service of the national government or a local government body contemplated in section 1 of the Local Government Transition Act, 1993 (Act No. 209 of 1993), any power conferred upon him or her by or under this Act. |
| (2) |
Any person to whom any power has been delegated under subsection (1) shall exercise that power subject to the directions of the Minister. |
| (3) |
The Minister may at any time revoke such delegation in writing and the delegation of any power shall not prevent the Minister from exercising that power himself or herself. |
| (4) |
The Premier or a member of the Executive Council of a province to whom any power has been delegated under subsection (1)(a) may, subject to any directions contemplated in subsection (2) and such further conditions and periods of time as he or she may determine, delegate any such power in writing to— |
| (a) |
the Director-General of that province; or |
| (b) |
any officer in the service of the provincial government concerned. |
| (5) |
The President may, by proclamation in the Gazette—
|
| (a) |
assign the administration of this Act or any provision of this Act to a Premier of a province; or |
| (b) |
reassign the administration of this Act or any provision as assigned in terms of paragraph (a) to a Minister referred to in section 88 of the Constitution, either generally or to the extent specified in the proclamation, and subject to such conditions, amendments, adaptations, modifications, and periods of time as the President may determine. |
| (6) |
When the President assigns the administration of this Act under subsection (5), or at any time thereafter, and to the extent that he or she considers it necessary for the efficient carrying out of the assignment, he or she may regulate any matter which is necessary or expedient as a result of the assignment, including matters relating to the transfer or secondment of persons (subject to the provisions of sections 236 and 237 of the Constitution) and relating to the transfer of assets, liabilities, rights and obligations, including funds, to or from the national or a provincial government or any department of state, administration, force or other institution. |
| (7) |
The transfer of any asset, liability, right or obligation contemplated in subsection (6) shall be done subject to the provisions of the relevant applicable Exchequer Act. |
| (8) |
The transfer or secondment of persons as contemplated in subsection (6) shall be done after consultation with the Public Service Commission and the relevant provincial service commission, if applicable. |
| (9) |
The Premier of a province may, subject to such conditions and periods of time as he or she may determine, in writing authorise— |
| (a) |
any member of the Executive Council of that province; |
| (b) |
any member of such Executive Council and the Director-General of the province jointly; |
| (c) |
the said Director-General; |
| (d) |
any officer in the service of the provincial government concerned; |
| (e) |
any local government body contemplated in section 1 of the Local Government Transition Act, 1993, to exercise or perform in general or in a particular case or in cases of a particular nature, any power, duty or function which the Premier is in terms of a proclamation under subsection (5) authorised to exercise or perform, except the power to make regulations. |
| (10) |
The provisions of section 10(5) and (5A) of the Interpretation Act, 1957 (Act No. 33 of 1957), shall apply mutatis mutandis to the administration of this Act or any provision of this Act assigned under subsection (5)(a) or reassigned to a Minister under subsection (5)(b). |
[Section 24A substituted by section 11 of the Upgrading of Land Tenure Rights Amendment Act, 1996 (Act No. 34 of 1996), Notice No. 1099 dated 3 July 1996]
Expropriation Act, 1975
