INTERPRETATION ACT [Chapter 1:01] (as amended 1st March 2005)
Constitution, may from time to time assign all
or any of those functions to such Minister as he
may designate.
(2) Where under any Act functions are conferred or imposed on a Minister, whether or not
the Minister is specifically named in the Act,
the President, acting in terms of section 31C or
31D, as the case may be, of the Constitution,
may from time to time assign all or any of
those functions to a Vice-President or to any
other Minister.
(3) Where functions are assigned as provided in subsection (1) or (2), any reference to a
Vice-President or a Minister in the Act concerned shall be construed accordingly.
(4) Where under any Act functions are conferred or imposed on a Minister, whether or not
the Minister is specifically named in the Act,
and the President, acting in terms of section
31D of the Constitution, has authorized a
Deputy Minister to perform all or any of those
functions, any reference to the Minister in the
Act concerned shall be construed accordingly.
38 Transfer of functions of State
employees
(1) Where by or under any enactment functions are conferred or imposed upon any specified officer in the employment of the State, the
President may, subject to subsection (3), by
order in the Gazette, transfer those functions,
or such of them as may be specified in the
order, to any other officer in the employment of
the State, and may make such consequential
amendments to the enactment as may arise
from the transfer.
(2) Where by or under any enactment any
officer in the employment of the State is a
member of a council, board or other body, the
President may, subject to subsection (3), by
order in the Gazette, substitute any other
officer in the employment of the State for the
first-mentioned officer, and may make such
consequential amendments to the enactment as
may arise from the substitution.
(3) The powers conferred upon the President
under subsections (1) and (2) shall not be
exercised in respect of any function, or of any
officer who is a member of any body, which is
of a judicial nature.
39 Validity of acts done before
assignment or transfer of functions.
Where a function conferred or imposed on
any person by any enactment is assigned or
transferred to another person, whether in terms
of this Act or any other enactment, any statutory instrument or other thing made or done
before the date of the assignment or transfer
and in force on that date shall be deemed to
have been made or done by the person to whom
the function has been assigned or transferred,
and may be amended or repealed accordingly.
40 Service of documents
(1) Where an enactment authorizes or
requires a document to be served by post, and
where the word “serve” or any of the words
“give”, “deliver’’ or “send” or any other word
is used, the service of the document may be
effected by prepaying, registering and posting
an envelope addressed to the person on whom
the document is to be served at his usual or
last-known place of abode or business, and
containing such document, and, unless the
contrary is proved, the document shall be
deemed to have been served at the time at
which such envelope would have been delivered
in the ordinary course of post.
(2) Where an enactment authorizes or requires a document to be served on any person
without directing it to be served in a particular
manner, the service of that document may be
effected—
(a) by personal service; or
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