Critical Infrastructure Protection Act, 2019 (Act No. 8 of 2019)Chapter 2 : Critical Infrastructure Council and StructuresPart C : Committees, exemption and delegations14. Delegation of powers |
| (1) | The Minister may, by notice in the Gazette, delegate any of his or her powers under this Act to the National Commissioner, except— |
| (a) | the power conferred on the Minister by sections 11, 22, 23 and 27; and |
| (b) | the duty imposed on the Minister by sections 4, 14(2), 15 and 20. |
| (2) | The Minister must regularly review and, if necessary, amend or withdraw a delegation under subsection (1). |
| (3) | A delegation to the National Commissioner under subsection (1)— |
| (a) | is subject to such limitation and conditions as the Minister may impose; |
| (b) | may authorise the National Commissioner to sub-delegate, in writing, the power or duty to another police official of a rank not less than that of level 13; |
| (c) | does not prevent the exercise of that power or the performance of that duty by the Minister; and |
| (d) | does not divest the Minister of the responsibility concerning the exercise of the delegated power. |
| (4) | The Minister may confirm, vary or revoke any decision taken by a police official as a result of a delegation or sub-delegation under this section, subject to any rights that may have become vested as a consequence of that decision. |
| (5) | The National Commissioner may, in writing, delegate any function conferred upon him or her by this Act to any police official of a rank not less than that of level 13. |
| (6) | A delegation in terms of subsection (5)— |
| (a) | is subject to such limitation and conditions as the National Commissioner may impose; |
| (b) | does not prevent the exercise of that power or the performance of that duty by the National Commissioner; and |
| (c) | does not divest the National Commissioner of the responsibility concerning the exercise of the delegated power. |
| (7) | The National Commissioner may confirm, vary or revoke any decision taken by a police official as a result of a delegation under this section, subject to any rights that may have become vested as a consequence of that decision. |