Section 30: Fulfilment of duty and exercise of power
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
30. Fulfilment of duty and exercise of power
(1) Where a person is required by any enactment to perform a duty in a
prescribed manner, he may, where the nature of the duty so requires, perform
the duty either by himself or by another person on his direction or authority.
(2) Subject to subsection (3), where a person is required under any enactment to exercise a power, the power may be exercised by him or by another
person whom he has authorised to exercise the power on his behalf.
(3) Where a person is empowered to make a subsidiary enactment or to
hear an appeal, the power shall be exercised only by the person so
empowered.
(4) No delegation by the President or a Minister shall have any effect until
public notice of the delegation has been given.
[S. 30 amended by Act 48 of 1991.]
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Questions this section answers
- Can a person carry out a legal duty through someone else acting on their behalf?
- Who alone can exercise a power to make regulations or decide an appeal?