Acts Online
GT Shield

Land Reform: Provision of Land and Assistance Act, 1993 (Act No. 126 of 1993)

15. Delegation

 

 

(1) The Minister may, on such conditions as he or she may determine—
(a) delegate to any officer in the Department of Rural Development and Land Reform any power conferred upon the Minister by this Act, except the power under section 14 to make regulations;

[Paragraph (1)(a) amended by section 18 of Act No. 4 of 2011]

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

 

(2) The Minister may, either in general or in a particular case or in cases of a particular nature and on such conditions as he or she may determine—
(a) delegate to the Premier of a province or, with the concurrence of the Premier, to a member of the Executive Council of that province, any power conferred upon the Minister by this Act, except the power under section 14 to make regulations;
(b) authorize that Premier or member of the Executive Council to perform any duty imposed upon the Minister by this Act.

 

(3) The Premier or the member of the Executive Council contemplated in subsection (2) may, subject to such conditions as the Minister may determine—
(a) delegate to the Director-General of the province or any officer of the provincial administration in question any power delegated to that Premier or member under subsection (2);
(b) authorize that Director-General or any such officer to perform any duty which that Premier or member is authorized to perform under subsection (2).

 

(4) The Minister may, with the concurrence of a Municipal Council, either in general or in a particular case or in cases of a particular nature and on such conditions as he or she may determine—
(a) delegate to any officer of the Municipal Council any power conferred upon the Minister by this Act, except the power under section 14 to make regulations;
(b) authorize that officer of the Municipal Council to perform any duty imposed upon the Minister by this Act.

 

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(c) may at any time be withdrawn in writing by that person.

 

[Section 15 substituted by section 9 of Act No. 26 of 1998]