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Nuclear Energy Act, 1999 (Act No. 46 of 1999)

Chapter II The South African Nuclear Energy Corporation, Limited

32. Minister may authorise performance of Corporation's functions by other person or body in certain circumstances

 

(1) If, in any particular case, the Corporation should fail, in relation to any matter or matters, to perform any function imposed on the Corporation in terms of this Act in circumstances where, in law, it is under a duty to perform that function, the Minister, by notice in writing to the Board, may order the Corporation to perform the function concerned, which must be specified in the notice.

 

(2) The Board and the chief executive officer must ensure that any lawful order issued under subsection (1) is complied with.

 

(3) If the Corporation should fail to comply with such an order, the Minister, in writing, may authorise any person or other body that is competent and has the necessary capacity for that purpose, to perform that function in relation to the particular matter or matters (as the case may be).

 

(4) The Minister may recover from the Corporation the costs of having such a function performed by a person or body so authorised.