Northern Cape Delegation of Functions Act, 1994

Jurisdiction
South Africa · Northern Cape
Citation
Act 4 of 1994
Date
12 September 1994
Language
English
Type
Legislation
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Taxonomies
Northern Cape
South Africa

Northern Cape Delegation of Functions Act, 1994

Act 4 of 1994

(English text signed by the Premier)ACTTo provide for the delegation of the performance of functions by a responsible Member, and matters connected therewith.
BE IT ENACTED by the Provincial Legislature of the Northern Cape Province, as follows:—

1. Definitions

In this Act, unless the context otherwise indicates—“department” means a department as set out in the Schedule to the Northern Cape Exchequer Act, 1994 (Act No. 1 of 1994);“Constitution” means the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993);“law of the Province” means an Act passed by the Legislature of the Province or a law of which the administration has, in terms of section 235(8) of the Constitution, been assigned to a competent authority within the jurisdiction of the government of the Province;“responsible Member” means the member of the Executive Council of the Province (excluding the Premier) whom the Premier has designated in terms of section 235(6)(c)(ii) of the Constitution as the competent authority for purposes of the administration of the law concerned.

2. Delegation of functions by a responsible Member

(1)Where a law of the Province does not expressly provide for the delegation of functions by a responsible Member, the responsible Member concerned may delegate any function he or she is authorised to perform by or under that law (excluding the power to make or approve regulations or to promulgate proclamations or notices), to an officer or employee, or officers or employees of a certain rank, in the employ of the department that he or she administers.
(2)A delegation referred to in subsection (1) may be withdrawn at any time by the responsible Member, and does not prevent him or her from performing the function himself or herself while the performance of such function is delegated.

3. Construction and repeal of laws

(1)When the Premier designates the administration of a law to a member of the Executive Council of the Province in terms of section 235(6)(c)(ii) of the Constitution, any reference to the expression “Administrator” or “Minister” in that law, wherever it occurs, is construed as a reference to the member of the Executive Council to whom the Premier has assigned the administration of that law.
(2)The Delegation of Powers Ordinance, 1965 (Ordinance No. 13 of 1965), is hereby repealed.

4. Short title and commencement

This Act shall be called the Northern Cape Delegation of Functions Act, 1994, and shall be deemed to have come into operation on 17 June 1994.
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History of this document

12 September 1994 this version
02 September 1994
Assented to
17 June 1994
Commenced