| (1) |
The Commissioner, or any person appointed by the Commission, may not— |
| (a) |
engage in any activity that may undermine the integrity of the Commission; |
| (b) |
attend, participate in, or influence any investigation, hearing or decision concerning a matter in respect of which that person has a direct financial interest or any similar personal interest; |
| (c) |
make private use of, or profit from, any confidential information obtained as a result of performing that person’s official functions in the Commission; or |
| (d) |
divulge any information referred to in paragraph (c) to any third party, except as required as part of that person’s official functions within the Commission. |
| (2) |
The Commissioner and every employee of the Commission must, before being appointed, submit to the Commission a written statement in which he or she declares whether or not that person has any direct or indirect interest, financially or otherwise, whether or not such interest— |
| (a) |
may constitute a conflict of interest in respect of his or her functions as a member of staff of the Commission; or |
| (b) |
could reasonably be expected to compromise the Commission in the performance of its functions. |
| (3) |
Should the Commissioner or any person appointed by the Commissioner become aware of any conflict of interest or perceived conflict of interest or circumstances that may compromise his or her impartiality in executing his or her duties as so appointed, he or she must immediately stop executing such duties and must within seven days of becoming aware of such conflict or perceived conflict or circumstances— |
| (a) |
in the case of the Commissioner, inform the board; and |
| (b) |
in the case of any person appointed by the Commissioner, inform the Commissioner of any such conflict or circumstance. |
| (4) |
The board or the Commissioner may consider whether such conflict or circumstance is likely to compromise the impartiality of such a person in the performance of his or her duties. |
| (5) |
Should the Commissioner or any employee of the Commission become aware of any conflict of interest or perceived conflict of interest or circumstances that may compromise his or her impartiality in executing his or her duties, he or she must immediately stop executing such duties and must within seven days of becoming aware of such conflict or perceived conflict or circumstances, inform the Commissioner or the board, as the case may be, of any such conflict or circumstance. |
| (6) |
The Commissioner or the board may consider whether such conflict or circumstance is likely to compromise the impartiality of such a person in the performance of his or her duties. |
| (7) |
The Commissioner or the board may institute disciplinary proceedings against any person who fails or refuses to comply with or contravenes this section in accordance with applicable legislation. |
| (8) |
The board or the Commissioner, as the case may be, may, after considering whether such conflict or circumstance is likely to compromise the impartiality of such a person, inform such a person of his or her decision which may include and is not limited to— |
| (a) |
suspending such a person pending any further investigations; |
| (b) |
instituting a disciplinary inquiry to probe such conflict or circumstance; or |
| (c) |
dismissing such a person from his or her employment in accordance with applicable legislation. |
[Section 2F inserted by section 4 of Act No. 32 of 2013]
Older Persons Act, 2006
