Public Finance Management Act, 1999 (Act No. 1 of 1999)Chapter 3 : Provincial Treasuries and Provincial Revenue FundsPart 1 : Provincial Treasuries20. Delegations by provincial treasuries |
| (1) | The MEC for finance in a province may, in writing, delegate any of the powers entrusted or delegated to the provincial treasury in terms of this Act to the head of the department referred to in section 17(1)(b), or instruct that head of department to perform any of the duties assigned to the provincial treasury in terms of this Act. |
| (2) | A delegation or instruction in terms of subsection (1) to the head of the department referred to in section 17(1)(b)— |
| (a) | is subject to any limitations or conditions that the MEC for finance may impose: |
| (b) | may authorise that head- |
| (i) | to, in writing, sub-delegate the delegated power to another treasury official or the holder of a specific post in that treasury, or to the accounting officer for a provincial department, or to the accounting authority for a provincial public entity in the province; or |
| (ii) | to instruct another provincial treasury official or the holder of a specific post in that treasury, or the accounting officer for a provincial department. or the accounting authority for a provincial public entity in the province. to perform the assigned duty; and |
| (c) | does not divest the MEC for finance of the responsibility concerning the exercise of the delegated power or the performance of the assigned duty. |
| (3) | The MEC for finance may confirm, vary or revoke any decision taken by the head of the department referred to in section 17(1)(b), as a result of a delegation or instruction in terms of subsection (1), or by a treasury official or accounting officer or accounting authority as a result of an authorisation in terms of subsection (2)(b), subject to any rights that may have become vested as a consequence of the decision. |