Older Persons Act, 2006 (Act No. 13 of 2006)Chapter 6 : General and Supplementary Provisions32. Delegation |
| (1) | The Minister may— |
| (a) | delegate to any officer of the Department any power conferred upon the Minister by this Act, except the power to make regulations; and |
| (b) | authorise any such officer to perform any duty imposed upon the Minister by this Act. |
| (2) | The Minister may, with the concurrence of the Premier of a province— |
| (a) | delegate to the Member of the Executive Council of that province responsible for social development any power conferred upon the Minister by this Act, except the power to make regulations; and |
| (b) | authorise that Member of the Executive Council to perform any duty imposed upon the Minister by this Act. |
| (3) | The Member of the Executive Council of a province responsible for social development may— |
| (a) | delegate to any officer of the provincial administration concerned any power delegated to that Member under subsection (2); |
| (b) | authorise any such officer to perform any duty which that Member is authorised to perform under subsection (2). |
| (4) | The Director-General may— |
| (a) | delegate to any other officer of the Department any power conferred upon the Director-General by this Act; and |
| (b) | authorise any such officer to perform any duty imposed upon the Director-General by this Act. |
| (5) | The Director-General may, with the concurrence of the relevant Director-General of a provincial administration— |
| (a) | delegate to the Head of Department of that province responsible for social development any power conferred upon the Director-General by this Act; and |
| (b) | authorise that Head of Department to perform any duty imposed upon the Director-General by this Act. |
| (6) | A Head of Department may— |
| (a) | delegate to any other officer of the provincial administration concerned any power delegated to him or her under subsection (5); and |
| (b) | authorise any such officer to perform any duty which he or she is authorised to perform under subsection (5). |
| (7) | Any person to whom any power has been delegated or who has been authorised to perform a duty under this section must exercise that power or perform that duty subject to such conditions as the person who effected the delegation or granted the authorization considers necessary. |
| (8) | Any delegation of a power or authorisation to perform a duty under this section— |
| (a) | must be in writing; |
| (b) | does not prevent the person who effected the delegation or granted the authorisation from exercising that power or performing that duty himself or herself; and |
| (c) | may at any time be withdrawn in writing by that person. |