| (a) |
The Minister may, either in general or in a particular case or in cases of a particular nature, in writing delegate to— |
| (i) |
a Premier or a member of the Executive Council of a province; or |
| (ii) |
any officer in the service of the national government or a local government body contemplated in section 1 of the Local Government Transition Act, 1993 (Act No. 209 of 1993), |
any power conferred upon him or her by or under a law regarding land matters.
| (b) |
Any person to whom any power has been delegated under paragraph (a) shall exercise that power subject to the directions of the Minister. |
| (c) |
The Minister may at any time revoke in writing such delegation, and the delegation of any power shall not prevent the Minister from exercising that power himself or herself. |
| (d) |
The Premier of a province to whom any power has been delegated under paragraph (a)(i) may, subject to any directions contemplated in paragraph (b) and such further conditions and periods of time as he or she may consider necessary, in writing delegate any such power to — |
| (i) |
any member of the Executive Council of that province; or |
| (ii) |
the Director-General of that province, to be exercised by that Director-General or by any officer in the service of the provincial government concerned indicated by that Director-General. |
[Subsection 1(d) substituted by section 2 of Act No. 52 of 1996]
| (e) |
A member of the Executive Council of a province to whom any power has been delegated under paragraph (a)(i) may, subject to any directions contemplated in paragraph (b) or (d) and such further conditions and periods of time as the Premier concerned or he or she may consider necessary, in writing delegate any such power to the Director-General of that province to be exercised by that Director-General or by any officer in the service of the provincial government concerned indicated by that Director-General. |
[Subsection (1)(e) added by section 2 of Act No. 52 of 1996]
| (a) |
The Director-General may in writing, either in general or in a particular case or in cases of a particular nature, delegate any power relating to land matters conferred upon him or her in terms of any law to— |
| (i) |
the Director-General of a national department or a province, to be exercised by that Director-General or by any officer in that department or in the service of the provincial government in question, as the case may be, indicated by the Director-General concerned; or |
| (ii) |
an officer in the service of a local government body contemplated in section 1 of the Local Government Transition Act, 1993. |
| (b) |
Any person to whom any power has been delegated under paragraph (a) shall exercise that power subject to the directions of the Director-General. |
| (c) |
The Director-General may at any time in writing withdraw such delegation, and the delegation of any power shall not prevent the Director-General from exercising that power. |
[Subsection (1A) inserted by section 2 of Act No. 52 of 1996]
| (2) |
The President may, by proclamation in the Gazette— |
| (a) |
assign the administration of a law regarding land matters to a Premier of a province; or |
| (b) |
reassign the administration of a law assigned in terms of paragraph (a) to a Minister referred to in section 88 of the Constitution, |
either generally or to the extent specified in the proclamation, and subject to such conditions and periods of time as the President may consider necessary.
[Subsection (2) amended by section 2 of Act No. 52 of 1996]
| (3) |
When the President assigns the administration of a law in terms of subsection (2), or at any time thereafter, and to the extent that he or she considers it necessary for the efficient carrying out of the assignment, he or she may— |
| (a) |
[Subsection (3)(a) deleted by section 2 of Act No. 52 of 1996] |
| (b) |
[Subsection (3)(b) deleted by section 2 of Act No. 52 of 1996] |
| (c) |
regulate any other matter necessary, in his or her opinion, as a result of the assignment, including matters relating to the transfer or secondment of persons (subject to sections 236 and 237 of the Constitution) and relating to the transfer of assets, liabilities, rights and obligations, including funds, to or from the national or a provincial government or any department of state, administration, force or other institution. |
| (a) |
The transfer of any asset, liability, right or obligation as contemplated in subsection (3) shall be done subject to the provisions of the relevant applicable Exchequer Act. |
| (b) |
[Subsection (4)(b) deleted by section 35 of Act No. 47 of 1997]
|
| (5) |
The Premier of a province may, subject to such conditions and periods of time as he or she may consider necessary, in writing authorise— |
| (a) |
any member or members of the Executive Council of that province; |
| (b) |
any member or members of such Executive Council and the Director-General of that province jointly; |
| (c) |
the said Director-General; |
| (d) |
any officer in the service of the provincial government concerned; |
| (e) |
any local government body contemplated in section 1 of the Local Government Transition Act, 1993, |
to exercise or perform in general or in a particular case or in cases of a particular nature, any power, duty or function which the Premier is in terms of a proclamation under subsection (2) authorised to exercise or perform, except the power to make regulations.
| (6) |
The provisions of section 10(5) and (5A) of the Interpretation Act, 1957 (Act No. 33 of 1957), shall apply mutatis mutandis to the administration of a law or any provision of any law assigned under subsection (2)(a) or reassigned to a Minister under subsection (2)(b). |
Stamp Duties Act, 1968 (Act 77 of 1968)
