National Ports Act, 2005 (Act No. 12 of 2005)Chapter 4 : Board, Staff and Assets of Authority21. Delegation and assignment of functions by Board |
| (1) | The Board may, by a resolution passed by 75 per cent of its members— |
| (a) | delegate any of its powers and assign any of its duties conferred or imposed by or under this Act and the memorandum and articles of association of the Authority, to any member of the Board, the chief executive officer or any employee of the Authority; and |
| (b) | amend or revoke such delegation or assignment. |
| (2) | Notwithstanding a delegation or assignment under subsection (1), the Board is not divested of any power or duty so delegated or assigned. |
(3)
| (a) | Any delegation or assignment contemplated in subsection (1)— |
| (i) | may be made subject to such conditions as the Board may determine; |
| (ii) | may include the power to subdelegate or reassign subject to the conditions contemplated in subparagraph (i); |
| (iii) | must be communicated to the delegatee or assignee in writing. |
| (b) | The written communication contemplated in paragraph (a)(iii) must contain full particulars of the matters being delegated or assigned and of the conditions subject to which the power may be exercised or the duty must be performed. |