Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)Chapter II : Commission on Restitution of Land Rights7. Delegation of powers and performance of functions |
| (1) | The Commission may delegate any power conferred upon it by or under this Act to a subcommittee of the Commission or to a member of the Commission or to a person contemplated in section 8 or 9 subject to such directions or conditions as the Commission may give or determine from time to time: Provided that the powers referred to in section 6(2)(b), (c) and (d) may not be delegated. |
| (2) | The Chief Land Claims Commissioner may delegate any power conferred upon him or her by or under this Act except the power of delegation to the Deputy Land Claims Commissioner or any regional land claims commissioner, either generally or with regard to a specific claim. |
| (2A) | The Director-General of Rural Development and Land Reform may delegate any power conferred upon him or her by or under this Act, except the power of delegation, to any member of the Commission, any officer of the State or any person contemplated in section 9. |
[Section 7(2A) substituted by section 21 of the Rural Development and Land Reform General Amendment Act, 2011 (Act No. 4 of 2011), Notice No. 427, GG 34300, dated 16 May 2011]
| (2B) | A regional land claims commissioner may in consultation with the Chief Land Claims Commissioner and the Director-General of Rural Development and Land Reform delegate any power conferred upon him or her by or under this Act, except the power of delegation, to any other member of the Commission, any officer of the State or any person contemplated in section 9. |
[Section 7(2B) substituted by section 21 of the Rural Development and Land Reform General Amendment Act, 2011 (Act No. 4 of 2011), Notice No. 427, GG 34300, dated 16 May 2011]
| (3) | If the office of the Chief Land Claims Commissioner is vacant or if the Chief Land Claims Commissioner is absent or unable to perform any or all of his or her functions, the Deputy Land Claims Commissioner shall act in his or her stead and whilst the Deputy Land Claims Commissioner so acts, he or she shall perform all the functions of the Chief Land Claims Commissioner. |
[Section 7(3) substituted by section 3(b) of Act No. 18 of 1999 and deemed to have come into operation on 2 December 1994 by section 15(2) of Act No. 18 of 1999]
| (3A) | If the office of a regional land claims commissioner is vacant or if a regional land claims commissioner is absent or unable to perform any or all of his or her functions, an acting regional land claims commissioner appointed by the Minister shall act in his or her stead and whilst the acting regional land claims commissioner so acts, he or she shall perform all the functions of the regional land claims commissioner |
[Section 7(3A) inserted by section 3(c) of Act No. 18 of 1999 and deemed to have come into operation on 2 December 1994 by section 15(2) of Act No. 18 of 1999]
| (4) | A regional land claims commissioner may, instead of performing any function in any particular case, refer the matter to the Commission for the Commission to perform such function at a meeting contemplated in section 5. |