The South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998)Chapter 2 : Governance and Staffing of Agency18. Delegation and assignment of functions by Board |
| (1) |
| (a) | Subject to subsection (2), the Board by special resolution may delegate any of the powers, functions or duties conferred or imposed on it by the operation of section 12(1) or conferred or imposed on it elsewhere by this Act, to any appointed member of the Board or the Chief Executive Officer, or any employee of the Agency. |
| (b) | However, the Agency will not be divested of any power nor be relieved of any function or duty it may have delegated. |
| (2) | The delegation— |
| (a) | may be made on and subject to any conditions determined by the Board; |
| (b) | may be given together with the power to subdelegate, on and subject to any conditions so determined (if any); |
| (c) | must be communicated to the delegatee in writing. The written communication must contain full particulars of the matters being delegated and of the conditions determined under paragraph (a), if any, and, where the power of sub-delegation is also 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 made under subsection (1); |
| (b) | withdraw any decision made by the delegatee with regard to a delegated matter and decide the matter itself. |
| (4) | The Board may from time to time, at its pleasure, entrust any of its powers, functions or duties to the Chief Executive Officer or any appointed member of the Board or any employee of the Agency, subject to the Board’s instructions, supervision and control. |
| (5) | The powers, functions and duties conferred and imposed on the Board by this section and those contemplated in the following sections, may not be delegated or entrusted in terms of subsection (1) or (4): |
| (b) | section 21; |
| (c) | section 22(1); |
| (d) | section 27(1); |
| (e) | section 28, in so far as the Board necessarily has to decide on the conclusion and contents of the agreement contemplated in that section; |
| (f) | section 35, in so far as the Board necessarily has to decide on the Agency’s business plan and strategic plan. |