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

Chapter 21 : Administration of Act

311. Delegation of powers and duties by provincial heads of social development


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


(3) The provincial head may—
(a) 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; and
(b) any time withdraw a delegation.