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Mental Health Care Act, 2002 (Act No. 17 of 2002)

Chapter X : General provisions

72A. Delegation of powers

 

(1) The head of the national department may, in writing, delegate any power conferred upon him or her by this Act to a competent person in the employ of the national department, except the powers referred to in sections 5, 6(3), 13(2), 41 and 49.

 

(2) The head of the national department may, at any time—
(a) withdraw a delegation made under subsection (1); or
(b) withdraw or amend any decision made in the exercise of such delegated power.

 

(3) A decision made in the exercise of any delegated power, unless withdrawn or amended, is deemed to have been made by the head of the national department.

 

(4) Any right or privilege acquired or any obligation or liability incurred as a result of a decision made in terms of a delegated power referred to in subsection (1) cannot be affected by any subsequent withdrawal or amendment of that decision.