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Social Assistance Act, 2004 (Act No. 13 of 2004)

Chapter 4 : Inspectorate for Social Assistance

26. Funding and employees of Inspectorate

 

(1) The Inspectorate is funded by money appropriated by Parliament for that purpose.

 

(2) The Minister must in concurrence with the national Cabinet appoint an Executive to head the Inspectorate.

 

(3) The Executive Director reports and is accountable directly to the Minister.

 

(4) The Executive Director must, subject to the laws governing the public service, appoint suitable persons as employees of the Inspectorate in accordance with an organisational establishment approved by the Minister, and that establishment must differentiate between employees who are to be appointed as inspectors exercising powers in terms of section 27 and other employees who are to be appointed to perform other functions within the Inspectorate.

 

(5) The terms and conditions of service of the employees of the Inspectorate are determined by the laws governing the public service.

 

(6) A document issued by the Executive Director in the prescribed form, certifying that a person is an employee of the Inspectorate and has been authorised to exercise the powers and perform the duties contemplated in sections 27 and 28, is prima facie proof of those facts.

 

(7) The Executive Director may for good reason at any time withdraw a document issued under subsection (6), and a person in possession of such a document must, upon being informed of such withdrawal, return that document to the Executive Director.

 

(8) A person who fails or refuses to comply with subsection (7) is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years or to both a fine and such imprisonment.

 

(9)        A person who—

(a) wilfully discloses information regarding the operations of the Inspectorate; and
(b) knows or could reasonably be expected to know that the disclosure would prejudicially affect any of those operations

is guilty of an offence and liable, on conviction, to a fine or to imprisonment for a period not exceeding two years or to both a fine and such imprisonment.