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Animal Health Act, 2002 (Act No. 7 of 2002)

5. Assignment of certain functions to provincial executives

 

(1) Subject to subsections (2), (3) and (4) and section 6, the functions set out in sections 8(1), (3) and (4), 11 and 12(1)(b), (c), (d) and (e) to (7), 13, 14, 15, 18, 19, 20, 21 and 22 are hereby assigned to the provincial executive of each province.

 

(2)
(a) Every MEC must designate an officer of the province in question who is a veterinarian as provincial executive officer.
(b) A provincial executive officer must exercise the powers and perform the duties assigned to the provincial executive of his or her province by subsection (1).

 

(3) A provincial executive officer—
(a) may delegate any power or assign any duty contemplated in subsection (2)(b) to an officer under his or her control;
(b) must provide the national executive officer with such reports regarding the application of the provisions referred to in subsection (1) as the national executive officer may require.

 

(4)
(a) The national executive officer must monitor the performance of the functions assigned by this section in every province in order to verify that essential national standards are being applied throughout the Republic.
(b) At prescribed intervals the national executive officer must compile reports of the functions monitored as contemplated in paragraph (u) and furnish a copy thereof to the relevant provincial executive officer.

 

(5 The national executive officer may by notice in writing require the provincial executive officer or any other person in possession of information required by the national executive officer for purposes of monitoring the performance of the functions assigned by this section. to provide such information to the national executive officer within the period specified in the notice.

 

(6) If, in a particular case, the national executive officer is of the opinion that an act or omission by a particular provincial executive officer represents a material deviation from the essential national standards, he or she must inform the provincial executive officer concerned of the deviation and request the provincial executive officer to take such steps in connection therewith as may be necessary.