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

Chapter 21 : Administration of Act

309. Delegation of powers and duties by MECs for social development


(1) An MEC for social development may delegate any power or duty assigned to the MEC in terms of this Act to—
(a) the provincial head of social development or an officer in the employ of the province concerned; or
(b) 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 MEC may impose;
(b) must be in writing;
(c) may include the power to sub-delegate; and
(d) does not divest the MEC of the responsibility concerning the exercise of the power or the performance of the duty.


(3) The MEC 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 MEC may—
(a) not delegate a power or duty to publish notices in the Gazette; and
(b) at any time withdraw a delegation.