Public Service Act, 1994 (Act No. 103 of 1994)

Chapter VIII : Miscellaneous

42A. Delegation

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(1)
(a)The Minister may—
(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).

 

(2)
(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).

 

(3)The executive authority referred to in section 12(1) may, in the case of—
(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—
(a)shall be in writing;
(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]