Children's Act, 2005 (Act No. 38 of 2005)Chapter 21 : Administration of Act307. Delegation of powers and duties by Minister |
| (1) | The Minister may delegate any power or duty assigned to the Minister in terms of this Act to— |
| (a) | the Director-General or an officer in the employ of the Department; |
| (b) | an MEC responsible for social development, by agreement with the MEC; or |
| (c) | any organ of state, by agreement with that organ of state. |
| (2) | A delegation in terms of subsection (1)— |
| (a) | is subject to any limitations, conditions and directions which the Minister may impose; |
| (b) | must be in writing; |
| (c) | may include the power to sub-delegate; and |
| (d) | does not divest the Minister of the responsibility concerning the exercise of the power or the performance of the duty. |
| (3) | The Minister may confirm, vary or revoke any decision taken in consequence of a delegation or sub—delegation in terms of this section, subject to any rights that may have accrued to a person as a result of the decision. |
| (4) | The Minister may— |
| (a) | not delegate a power or duty— |
| (i) | to make regulations; or |
| (ii) | to publish notices in the Gazette; |
| (b) | any time withdraw a delegation. |