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Non-Profit Organisations Act, 1997 (Act No. 71 of 1997)

Chapter 5 General Provisions

31. Delegation of Functions

 

 

1) Subject to section 15 of the Exchequer Act, 1975 (Act No. 66 of 1975), the Minister may in writing delegate any of his or her functions in terms of this Act, except those contemplated in sections 8 and 26 to--
i) any person in the employ of the national department;
ii) any body established by or in terms of this Act; or
iii) any other organ of State responsible for welfare matters, if the head of that organ of State accepts the delegation.

 

2) A person or body carrying out a function delegated in terms of subsection (1) must do so subject to the direction of the Minister.

 

3) The Minister may--
a) withdraw a delegation made in terms of subsection (1); and
b) withdraw or amend any decision made by a person or body in terms of a delegation contemplated in subsection (1).

 

4) Until it is withdrawn or amended, any decision made by a person or body in terms of a delegated power contemplated in subsection (1) must be regarded as having been made by the Minister.

 

5) Any right or privilege acquired, or any obligation or liability incurred, as a result of a decision in terms of a delegation contemplated in subsection (1) is not affected by any subsequent withdrawal or amendment of that decision.