Defence Act, 1957 (Act No. 44 of 1957)

Chapter XIII : General

153. Delegation of powers by Chief of South African Defence Force
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(1)The Chief of the South African Defence Force may, subject to such conditions or restrictions as the Minister may determine and subject to the provisions of section 15 of the Exchequer Act, 1975 (Act No. 66 of 1975), delegate in writing any power conferred upon him by or under any provision of this Act or any other law to—
(a)any member or person in the service of the South African Defence Force or other person;
(b)the temporary or permanent—
(i)holder of any post or office in the South African Defence Force; or
(ii)assignee or person designated or ordered,

who has to execute or perform any service or function of or in relation to the South African Defence Force; or

(c)a committee consisting of one or more of the members or persons contemplated in paragraph (a) or holders of posts or offices contemplated in paragraph (b)(i) appointed or designated for that purpose by the Chief of the South African Defence Force,

whether with or without the authority to delegate such power in writing to a person or holder of any post or office determined by that Chief, and such power shall, if it has been delegated, be exercised subject to such conditions, directives and instructions as that Chief may determine.

 

(2)The Chief of the South African Defence Force may at any time revoke in writing any delegation, authority or determination under subsection (1), and no such delegation of a power shall prevent the exercise of such power by that Chief himself.

 

(3)Any delegation of a power by the Chief of the South African Defence Force under this section shall remain in force notwithstanding the vacating by a particular person of the office of Chief of the South African Defence Force until it is revoked or amended by a subsequent Chief of the South African Defence Force or person acting in that office.

 

(4)Any delegation of a power by the Chief of the South African Defence Force which was made before the commencement of the Defence Amendment Act, 1993, and which could have been made under the provisions of this section shall be deemed to have been so made: Provided that the Minister may also determine conditions or restrictions in relation to such a delegation.

 

[Section 153 inserted by section 7 of Act No. 32 of 1993]