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Petroleum Pipelines Act, 2003 (Act No. 60 of 2003)

Chapter 2 : Authority and Members

6. Disqualification and requirements regarding appointment of members to Authority

 

 

(1) A person may not be appointed or remain a member of the Authority if that person—
(a) is not a South African citizen resident in the Republic of South Africa;
(b) is an unrehabilitated insolvent;
(c) has been convicted of an offence involving dishonesty; or
(d) is in the employ of, or affiliated to, an organ of state in any sphere of government, or has any conflict of interest in this regard.

 

(2) The Minister must appoint, as members of the Authority, persons who—
(a) have adequate legal, technical, business, economic or other experience relevant to petroleum pipelines;
(b) are collectively representative of South African society as a whole; and
(c) demonstrate impartiality and objectivity.

 

(3) Before appointing members to the Authority, the Minister must by notice in the Gazette, call for nominations from members of the public.

 

(4) All members must—
(a) upon appointment, disclose if they are in the employ of or act as consultants to, or have any relationship with any person, firm, association or company engaged in the petroleum pipelines industry, or have any pecuniary interest in any such firm, association or company;
(b) upon appointment, disclose if their spouse, life partner, child, business partner or associate or employer is in the employ of or acts as a consultant to, or has any relationship with any person, firm, association or company engaged in the petroleum pipelines industry, or has any pecuniary interest in any such firm, association or company; and
(c) notify the Minister and the Authority when those interests change.

 

(5) A member must not at any time be present during the discussion of, or the making of a decision on, or take part in any, matter before the Authority in which that member or his or her spouse, life partner, child, business partner, associate or employer, other than the State, has a direct or indirect interest.

 

(6) If a member acquires or contemplates acquiring an interest contemplated in subsection (4)(a), such member must immediately, in writing, declare that fact to the Minister and the Authority.