40 Delegation and assignment by CEO 82E. (1) The CEO may delegate any of his or her powers and assign any of his or her duties to an employee of the Agency. (2) Any delegation or assignment contemplated in subsection (1)— (a) may be made subject to such conditions as the Board may determine; 5 (b) must be communicated to the delegatee or assignee in writing; (c) may be amended or withdrawn in writing by the CEO; and (d) does not prohibit the holder of the office that made the delegation or assignment from exercising that power or performing that duty. (3) Notwithstanding a delegation or assignment contemplated in 10 subsection (1), the CEO is not divested of any power or duty so delegated or assigned.’’. (2) (a) Any reference in any other law to the CEO referred to in section 83 of the principal Act prior to the insertion of sections 82A by subsection (1) of this section, must be construed as a reference to the CEO referred to in the said section 82A. 15 (b) Anything done by the CEO prior to the commencement of this section in the administration of any law, must be regarded to have been done by the CEO referred to in section 82A. (c) The person who held office as CEO immediately prior to the commencement of this section, must be regarded to have been appointed as the CEO under section 82A of 20 the principal Act as inserted by subsection (1) of this section. Amendment of section 83 of Act 36 of 2005 39. Section 83 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection: ‘‘(1) The Agency is under the direction and control of the CEO [appointed by the Board].’’; (b) by the deletion of subsections (2) and (4); (c) by the substitution in subsection (8) for paragraph (a) of the following paragraph: ‘‘(a) promote the empowerment of historically disadvantaged persons, including women, the youth and [people] persons with disabilities; and’’; (d) by the substitution for subsections (9) and (10) of the following subsections, respectively: ‘‘(9) The [CEO and other] staff of the Agency must be appointed on the grounds of their qualifications, expertise or experience in the fields, when viewed collectively, of development planning, community development, social sciences, economics, electronic communications and publicity. (10) A person may not be appointed or continue in office as [CEO or other] a member of the staff of the Agency if he or she becomes unfit to hold the office or becomes incapacitated.’’; (e) by the deletion of subsection (11); and (f) by the substitution for subsections (12) and (13) of the following subsections, respectively: ‘‘(12) The [CEO and other employees] members of the staff of the Agency hold office on such conditions as to remuneration and otherwise[— (a) in the case of the CEO, as the Minister may determine with the concurrence of the Minister of Finance; (b) in the case of other employees,] as the CEO may determine with the concurrence of the Minister and the Minister of Finance. (13) Different periods and conditions may be determined under [subsections (11) or] subsection (12) in respect of different [employees] members of the staff of the Agency.’’. 25 30 35 40 45 50 55