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Labour Relations Act, 1995 (Act No. 66 of 1995)

Chapter VII : Dispute Resolution

Part A : Commission for Conciliation, Mediation and Arbitration

125. Delegation of governing body's powers, functions and duties

 

 

(1) The governing body may delegate in writing any of its functions, other than the functions listed below, to any member of the governing body, the director, a commissioner, or any committee established by the Commission. The functions that the governing body may not delegate are—
(a) appointing the director;
(b) appointing commissioners, or removing a commissioner from office;
(c) depositing or investing surplus money;
(d) accrediting councils or private agencies, or amending, withdrawing or renewing their accreditation; or
(e) subsidising accredited councils or accredited agencies.

 

(2) The governing body may attach conditions to a delegation and may amend or revoke a delegation at any time.

 

(3) A function delegated to the director may be performed by any commissioner or staff member of the Commission authorised by the director, unless the terms of that delegation prevent the director from doing so.

 

(4) The governing body may vary or set aside any decision made by a person acting in terms of any delegation made in terms of subsection (1).

 

(5) The governing body, by delegating any function, is not divested of any of its powers, nor is it relieved of any function or duty that it may have delegated. This rule also applies if the director sub-delegates the performance of a function in terms of subsection (3).