| (i) | delegate to the Director-General: Public Service and Administration any power conferred on the Minister by this Act, except the power to make regulations; or |
| (ii) | authorise that Director-General to perform any duty imposed on the Minister by this Act. |
| (b) | The Director-General: Public Service and Administration may— |
| (i) | delegate to any employee of his or her department any power delegated to him or her in terms of paragraph (a); or |
| (ii) | authorise that employee to perform any duty he or she is authorised to perform in terms of paragraph (a). |
| (a) | Subject to subsection (3)(b), the Premier of a province may— |
| (i) | delegate to the head of the Office of a Premier in the province any power conferred on the Premier by this Act; or |
| (ii) | authorise that head to perform any duty imposed on the Premier by this Act. |
| (b) | The head of the Office of a Premier may— |
| (i) | delegate to any employee in that Office any power delegated to him or her in terms of paragraph (a); or |
| (ii) | authorise that employee to perform any duty he or she is authorised to perform in terms of paragraph (a). |
| (a) | the President, delegate to the Deputy President or a Minister any power conferred on the President by section 12; or |
| (b) | the Premier of a province, authorise a Member of the relevant Executive Council to perform any duty imposed on the Premier by section 12. |
| (4) | Subject to subsection (3), an executive authority may— |
| (a) | delegate to the head of a department any power conferred on the executive authority by this Act; or |
| (b) | authorise that head to perform any duty imposed on the executive authority by this Act. |
| (5) | The head of a department or any other functionary may— |
| (a) | delegate to any employee of the department any power— |
| (i) | conferred on that head by this Act; or |
| (ii) | delegated to that head in terms of subsection (4); or |
| (b) | authorise that employee to perform any duty— |
| (i) | imposed on that head by this Act; or |
| (ii) | that that head is authorised to perform in terms of subsection (4). |
| (6) | Any person to whom a power has been delegated or who has been authorised to perform a duty under this section shall exercise that power or perform that duty subject to the conditions the person who made the delegation or granted the authorisation considers appropriate. |
| (7) | Any delegation of a power or authorisation to perform a duty in terms of this section— |
| (b) | does not prevent the person who made 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. |
[Section 42A substituted by section 37 of Act No. 30 of 2007]
