Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Chapter Eleven : General85. Delegation |
| (1) | The Minister may in writing delegate or assign to the Director-General or any employee in the public service of the rank of assistant director or of a higher rank, any power or duty conferred or imposed upon the Minister in terms of this Act, except the Minister's powers in terms of sections 6(3), 55(1), 60, 83, 87 and 95(2) and the Minister's power to make regulations. |
| (2) | A delegation or assignment in terms of subsection (1) does not limit or restrict the Minister's authority to exercise or perform the delegated or assigned power or duty. |
| (3) | Any person to whom a power or duty is delegated or assigned in terms of subsection (1) must exercise or perform that power or duty subject to the direction of the Minister. |
| (4) | The Minister may at any time— |
| (a) | withdraw a delegation or assignment made in terms of subsection (1); and |
| (b) | withdraw or amend any decision made by a person exercising or performing a power or duty delegated or assigned in terms of subsection (1). |
| (5) | The Director-General may in writing delegate or assign any power or duty conferred or imposed upon the Director-General by Chapter Ten of this Act to any employee in the Department of the rank of assistant director or of a higher rank. |
| (6) | Subsections (2), (3) and (4) apply with changes required by the context to any delegations or assignments by the Director-General under subsection (5). |