Children's Act, 2005 (Act No. 38 of 2005)Chapter 21 : Administration of Act309. Delegation of powers and duties by MECs for social development |
| (1) | An MEC for social development may delegate any power or duty assigned to the MEC in terms of this Act to— |
| (a) | the provincial head of social development or an officer in the employ of the province concerned; or |
| (b) | 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 MEC may impose; |
| (b) | must be in writing; |
| (c) | may include the power to sub-delegate; and |
| (d) | does not divest the MEC of the responsibility concerning the exercise of the power or the performance of the duty. |
| (3) | The MEC 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 MEC may— |
| (a) | not delegate a power or duty to publish notices in the Gazette; and |
| (b) | at any time withdraw a delegation. |