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Prevention of and Treatment for Substance Abuse Act, 2008 (Act No. 70 of 2008)

Chapter 11 : General Provisions

64. Delegation

 

(1) The Minister may—
(a) delegate to any officer of the Department any power conferred on the Minister by this Act, except the power contemplated in section 65; and

(b)        authorise any such officer to perform any duty imposed upon the Minister by this Act.

 

(2) The Minister may, with the concurrence of the Premier of the province—
(a) delegate to the MEC matters in that province any power conferred on the Minister by this Act, except the power contemplated in section 65; and
(b) authorise that MEC to perform any duty imposed on the Minister by this Act.

 

(3)        The MEC may—

(a) delegate to any officer of the provincial administration concerned any power delegated to that MEC under subsection (2); and
(b) authorise any such officer to perform any duty which that MEC is authorized to perform under subsection (2).

 

(4) The Director-General may—

(a)        delegate to any officer of his or her Department any power conferred on the Director-General by this Act; and

(b)        authorise any such officer to perform any duty imposed upon the Director-General by this Act.

 

(5) The Director-General may, with the concurrence of the relevant Director-General of a provincial administration—
(a) delegate to the HOD any power conferred on the Director-General by this Act; and
(b) authorise that HOD to perform any duty imposed on the Director-General by this Act.

 

(6) An HOD may—
(a) delegate to any other officer of the provincial administration concerned any power delegated to him or her under subsection (5); and
(b) authorise any such officer to perform any duty which he or she is authorised to perform under subsection (5).

 

(7) The mayor of a municipality may—
(a) delegate to any official of the municipality concerned any power conferred on him or her under this Act; and
(b) authorise any such official to perform any duty which he or she is authorized to perform under this Act.

 

(8) Any person to whom any power has been delegated or who has been authorised to perform a duty under this section must exercise that power or perform that duty subject to such conditions as the person who effected the delegation or granted the authorization considers necessary.

 

(9) Any delegation of a power or authorisation to perform a duty under this section—
(a) must be in writing;
(b) does not prevent the person who effected the delegation or granted the authorisation from exercising that power or performing that duty himself or herself; and
(c) may at any time be withdrawn in writing by that person.