Delegation of Powers Ordinance, 1973

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Delegation of Powers Ordinance, 1973

Ordinance 24 of 1973

  • Published in Official Gazette no. 3365 on 30 November 1973

  • Assented to on 29 November 1973
  • Commences on 30 November 1973 unless otherwise noted
  1. [Amended by Delegation of Powers Amendment Ordinance, 1975 on 24 October 1975]

  2. [Amended by Delegation of Powers Amendment Ordinance, 1982 on 8 April 1982]

ORDINANCETo empower the Executive Committee of the Whites and officials of the Representative Authority of the Whites to delegate certain powers, authorities and functions; and to provide for incidental matters.[long title substituted by Ord. 3 of 1982](English text signed by the Administrator)BE IT ORDAINED by the Legislative Assembly for the Territory of South West Africa as follows:-

1. Definitions

In this Ordinance, unless the context otherwise indicates -Executive Committee” means the Executive Committee of the Whites;[definition of “Executive Committee” substituted by Ord. 3 of 1982]official” means any person in or seconded to the service of the Representative Authority of the Whites.[definition of “official” substituted by Ord. 20 of 1975 and by Ord. 3 of 1982]

2. Delegations by the Executive Committee to specific persons

The Executive Committee may generally or specifically and subject to such conditions as it may determine from time to time delegate any power, authority or function conferred upon it in terms of any ordinance promulgated before or after the commencement of this Ordinance or in terms of any proclamation or regulations issued or made under such ordinance, to -(a)the Secretary of the Administration for Whites; or[paragraph (a) substituted by Ord. 3 of 1982](b)any other official.[paragraph (b) substituted by Ord. 3 of 1982](c)[paragraph (c) deleted by Ord. 3 of 1982]

3. Powers which may not be delegated

The provisions of section 2 shall not empower the Executive Committee to delegate any power conferred upon it to issue proclamations or to make regulations.

4. Delegations by officials

An official upon whom any power, authority or function has been conferred in terms of any law referred to in section 2, may, with the approval of the Executive Committee granted subject to such conditions as the Executive Committee may impose, generally or specifically delegate such power, authority or function to any official under his control upon such conditions as he may prescribe from time to time.

5. Tabling of summary of delegations

A summary of all powers, authorities and functions delegated in terms of this Ordinance during the previous calendar year shall be annually laid upon the Table of the Legislative Assembly.

6. Repeal of Ordinance 21 of 1960

(1)Subject to the provisions of subsection (2) the Delegation of Powers Ordinance, 1960 (Ordinance 21 of 1960) is hereby repealed.
(2)Any power, authority, or function delegated to any person in terms of the ordinance repealed by subsection (1) shall be deemed to have been delegated to such person in terms of this Ordinance.

7. Short title

This Ordinance shall be called the Delegation of Powers Ordinance, 1973.