| (1) |
A member of the board must, before appointment, submit a declaration made under oath or by affirmation to the Minister, to the effect that he or she is not disqualified from appointment as contemplated in section 3A. |
| (2) |
A member of the board, including the Commissioner and chairperson of the distributing agency, who at any time during his or her term of office becomes disqualified to be a board member on any one of the grounds contemplated in section 3A— |
| (a) |
must immediately in writing inform the Minister and the board of such disqualification, and the Minister must then forthwith remove that member from the board; and |
| (b) |
does not have a right to attend a board meeting from the time he or she has so become disqualified until he or she is removed by the Minister. |
| (3) |
A member of the board shall, before appointment, submit to the Minister a written statement in which he or she declares whether or not he or she 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 the board; or |
| (b) |
could reasonably be expected to compromise the board in the performance of its functions. |
| (4) |
If a member of the board acquires an interest contemplated in subsection (3), he or she shall immediately in writing declare that fact to the Minister and the board. |
| (5) |
If a member of the board becomes 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 shall immediately stop executing such duties and must within seven days of becoming aware of such conflict or perceived conflict or circumstances, inform the Minister and the board of any such conflict or circumstances. |
| (6) |
The Minister, after consultation with the board, shall consider whether such conflict or circumstances is likely to compromise the impartiality of such a person in discharging his or her duties. |
| (7) |
The Minister, after consultation with the board, may institute disciplinary proceedings against any member who fails or refuses to comply with or contravenes this section in accordance with applicable legislation. |
| (8) |
The Minister shall, after consultation with the board and after considering whether such conflict or circumstances 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 enquiry to probe such conflict or circumstances; or |
| (c) |
dismissing such a person from being a member of the board. |
| (9) |
The Minister and the board must keep a register of the interests of members of the board disclosed in terms of this section and must update that register from time to time. |
[Section 3B inserted by section 6 of Act No. 32 of 2013]
Older Persons Act, 2006
