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Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013)

Chapter 9 : Administration of Act

46. Assignment of powers and duties by Director-General to provincial head

 

(1) Any Director-General referred to in this Act may, subject to subsection (4), assign any power or duty conferred on or assigned to him or her by this Act to a provincial head of the corresponding provincial department, by agreement with that provincial head.

 

(2) An assignment in terms of subsection (1)—
(a) is subject to any limitations, conditions and directions which a Director-General may impose;
(b) must be in writing;
(c) may include the power to delegate or assign; and
(d) does not divest a Director-General of the responsibility concerning the exercise of the power or the performance of the duty.

 

(3) A Director-General may—
(a) confirm, vary or revoke any decision taken in consequence of an assignment in terms of this section, subject to any rights that may have accrued to a person as a result of the decision; and
(b) at any time withdraw an assignment.

 

(4) A Director-General may not assign a power or duty conferred on or assigned to him or her by section 15, 16, 31, 38, 39, 41 or 44 of this Act.