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Section 57: Delegation

(1)(a) The Minister may—

(i) delegate to the Director-General: National Treasury any power conferred on the Minister by this Act, except the making of regulations and a decision by notice in the Gazette; or

(ii) authorise that Director-General to perform any duty imposed on the Minister by this Act.

(b) The Director-General: National Treasury may—

(i) delegate to any official of the National Treasury any power delegated to the Director-General in terms of paragraph (a); or

(ii) authorise that official to perform any duty he or she is authorised to perform in terms of paragraph (a).

(2)(a) The Minister responsible for trade, industry and competition may—

(i) delegate to the Director-General responsible for trade, industry and competition a power conferred in terms of section 20; or

(ii) authorise the Director-General responsible for trade, industry and competition to perform any duty imposed on the Minister by section 20, except a decision by notice in the Gazette;

(b) The Director-General responsible for trade, industry and competition may—

(i) delegate to any official of the department for trade, industry and competition any power delegated to the Director-General in terms of paragraph (a); or

(ii) authorise that official to perform any duty he or she is authorised to perform in terms of paragraph (a).

(3) The accounting officer or accounting authority of a procuring institution may—

(a) delegate to any official of the procuring institution any power conferred on the accounting officer or accounting authority by this Act; or

(b) authorise that official to perform any duty imposed on the accounting officer or accounting authority by this Act.

(4) The Head of the Public Procurement Office may, except the issuance of instructions—

(a) delegate to an official of the Public Procurement Office any power conferred on the Head Public Procurement Office by this Act;

(b) authorise an official of the Public Procurement Office to perform any duty imposed on the Head of the Public Procurement Office by this Act;

(c) delegate to a provincial treasury any power conferred on the Head of the Public Procurement Office by this Act; or

(d) authorise a provincial treasury to perform any duty imposed on the Head of the Public Procurement Office by this Act.

(5) The Head of a provincial treasury may, except the issuance of instructions—

(a) delegate to any of its officials any power conferred on the Head of the provincial treasury by this Act; or

(b) authorise any of its officials to perform any duty imposed on the Head of the provincial treasury by this Act.

(6) Any person to whom a power has been delegated or who has been authorised to perform a duty under this section must exercise that power or perform that duty subject to the conditions imposed by the person who made the delegation or granted the authorisation.

(7) Any delegation of a power or authorisation to perform a duty in terms of this section—

(a) must be in writing;

(b) does not prevent the person who made the delegation or granted the authorisation from exercising that power or performing that duty himself or herself; and

(c) may at any time be withdrawn in writing by that person.

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