Child Care Act, 1983 (Act No. 74 of 1983)Chapter 9 : General provisions59. Delegation of powers |
| 1) | The Minister may - |
| a) | delegate to any officer of his or her department any power conferred upon the Minister by this Act, except the power under section 60 to make regulations; |
| 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 welfare matters in the province any power conferred upon the Minister by this Act, except the power under section 60 to make regulations; |
| 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 welfare matters in the province 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 his or her department any power conferred upon the Director-General by this Act; |
| 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 Director-General of a provincial administration (in this section referred to as a "provincial Director- General") - |
| a) | delegate to a provincial Director-General any power conferred upon the Director-General by this Act; |
| b) | authorise a provincial Director-General to perform any duty imposed upon the Director-General by this Act. |
| 6) | A provincial Director-General may - |
| a) | delegate to any other officer of the provincial administration in question any power delegated to him or her under subsection (5); |
| b) | authorise any such officer to perform any duty 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, shall 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) | shall be done in writing; |
| b) | shall not prevent the person who effected the delegation or granted the authorization from exercising that power or performing that duty himself or herself; |
| c) | may at any time be withdrawn in writing by that person. |