Page:Provincial Government Act 1986.djvu/5

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Decisions of executive committee.

13. All decisions of an executive committee shall be taken by the administrator concerned.

Powers and duties of administrator and executive committee.

14. (1) The administrator of a province shall attend to provincial matters, including such matters―

(a)		as have been or are assigned to the provincial council concerned or the executive committee of the province by or under any Act of Parliament; or
(b)		as are declared by the State President by proclamation in the Gazette to be of a provincial nature or of a regional, local or private nature in the province.

(2) The administrator of a province may―

(a)

subject to the provisions of section 16, by proclamation in the Official Gazette concerned―

(i)		amend, repeal or substitute any provision of an ordinance of the province;
(ii)		regulate any matters mentioned in subsection (1),

Provided that such a proclamation shall only be issued after it has been approved by a joint committee of Parliament contemplated in section 64 of the Constitution Act;

(b)

perform any functions on behalf of any department of State;

(c)

recommend to a competent authority the passing of any law which in his opinion is essential or desirable for the province.

(3) In regard to all matters in respect of which the executive committee of a province has no powers, the administrator shall act on behalf of the State President when required to do so, and in connection with such matters the administrator may act without reference to the other members of the executive committee.

(4) Where any law empowers an administrator or an administrator acting in consultation with the other members of the executive committee concerned to determine any rate, scale, tariff, fee or charge for the purposes of any revenue accruing to, or expenditure from, a provincial revenue fund, such determination shall as from 1 April 1987 be made by the administrator acting in consultation with the Minister of Finance, irrespective of the provisions of any law purporting to exempt the administrator from such requirement regarding consultation with the Minister of Finance.

Assignment of functions and delegation of powers.

15. (1) The State President may assign the administration of any provision in any law which entrusts to a Minister referred to in section 20 (b) or (c) of the Constitution Act any power, duty or function, to the administrator of any province―

(a)		either specifically or by way of a general assignment of the administration of any law or of all laws entrusting powers, duties or functions to the said Minister; and
(b)		either generally or in so far as such provision, law or laws relate to any matter mentioned in such assignment; and
(c)		subject to such amendments, adaptations and modifications as the State President may deem fit.

(2) The administrator of a province may in writing authorize―

(a)		any member or members of the executive committee of that province;
(b)		any member or members of such executive committee and the provincial secretary of that province jointly;
(c)		the said provincial secretary;
(d)		any person in the service of the provincial administration concerned,

to exercise or perform in general or in a particular case or in cases of a particular nature, any power, duty or function conferred or imposed on the administrator by or in terms of this Act