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Children's Act, 2005 (Act No. 38 of 2005)

Chapter 21 : Administration of Act

307. Delegation of powers and duties by Minister


(1) The Minister may delegate any power or duty assigned to the Minister in terms of this Act to—
(a) the Director-General or an officer in the employ of the Department;
(b) an MEC responsible for social development, by agreement with the MEC; or
(c) any organ of state, by agreement with that organ of state.


(2) A delegation in terms of subsection (1)—
(a) is subject to any limitations, conditions and directions which the Minister may impose;
(b) must be in writing;
(c) may include the power to sub-delegate; and
(d) does not divest the Minister of the responsibility concerning the exercise of the power or the performance of the duty.


(3) The Minister may confirm, vary or revoke any decision taken in consequence of a delegation or sub—delegation in terms of this section, subject to any rights that may have accrued to a person as a result of the decision.


(4) The Minister may—
(a) not delegate a power or duty—
(i) to make regulations; or
(ii) to publish notices in the Gazette;
(b) any time withdraw a delegation.