Nuclear Energy Act, 1999 (Act No. 46 of 1999)Chapter II The South African Nuclear Energy Corporation, Limited21. Delegation and assignment of powers and functions by Board |
(1)
| (a) | Subject to subsections (2), (3) and (4), the Board, by special resolution, may delegate any of the powers and assign any of the functions or duties conferred or imposed on it by the operation of section 16(1) or conferred or imposed on it elsewhere by this Act, to its chairperson, any other appointed director, the chief executive officer or any committee of the Board. |
| (b) | However, the Board will not be divested of any power nor be relieved of any function or duty it may have delegated or assigned. |
| (2) | The delegation or assignment— |
| (a) | may be made on and subject to any conditions determined by the Board; |
| (b) | may, subject to subsection (4), be given together with the power to subdelegate or further assign, on and subject to any conditions so determined (if any); |
| (c) | must be communicated to the delegatee or assignee in writing. The written communication must contain full particulars of the matters being delegated or assigned and of the conditions determined under paragraph (a), if any, and, where the power of subdelegation or further assignment is conferred, must state that fact as well as any conditions determined under paragraph (b), if any. |
| (3) | The Board, by special resolution, may at any time— |
| (a) | amend or revoke a delegation or assignment made under subsection (1); |
| (b) | withdraw any decision made by the delegatee or assignee with regard to a delegated or assigned matter, and decide the matter itself. However, a decision made by a delegatee or assignee may not be withdrawn where it confers a right or entitlement on any third party. |
| (4) | The Minister, may by notice in the Gazette, from time to time— |
| (a) | prohibit the delegation by the Board of any particular power or its assignment of any particular function or duty, whether generally or in the circumstances specified in the notice; |
| (b) | limit the circumstances in which any particular power, function or duty of the Board may be delegated or assigned (as the case may be); |
| (c) | prescribe conditions for the delegation of any particular power or assignment of any particular function or duty; |
| (d) | in relation to any power, function or duty of the Board specified in the notice, prohibit subdelegation or further assignment (as the case may be), in the event of the Board’s delegation of that power or assignment of that function or duty. |