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Prevention of and Treatment for Substance Abuse Act, 2008 (Act No. 70 of 2008)

Rules

Rules Governing the Quorum, Procedure at meetings and, generally the Conduct of Functions of the Central Drug Authority

20. Financial and other interests of members

 

(1) Any member of the CDA or a committee who has a direct financial or personal interest in any matter to be discussed by a meeting of the CDA or the committee must declare such interest before the commencement  of the meeting.

 

(2) Any person has the right to inform the Chairperson in writing, before any meeting, of any possible conflict of interest in respect of any member of the CDA or a committee.

 

(3) No member of the CDA shall without approval by the CDA, have financial/business transactions with the work of the CDA.

 

(4) Members of the CDA shall declare all gifts as per the parameters determined from time to time by the guidelines provided by the National Treasury. Such guidelines must be provided to all members of the CDA.

 

(5) All gifts received by members, beyond and/or exceeding those given in the guidelines or parameters determined by the CDA, shall be recorded in the gift register of the CDA.

 

(6) Any member who has a personal or business interest, or where a member has a conflict of interest on any matter that is on the agenda of the and any of its committees, such member must declare such interest prior to the meeting or when such matter is to be addressed on the agenda of such a meeting, and recuse him/herself from such meeting or discussion as the case may be.

 

(7) Failure to disclose an interest in terms of the preceding paragraphs constitutes misconduct.

 

(8) The Chairperson is then obliged to place the matter as a first item on the agenda for the CDA or a committee to discuss.

 

(9) The member so affected must be given an opportunity to respond; where after a ruling is made in his or her absence.

 

(10) The affected member is thereafter called into the meeting, where the decision of the CDA or a committee must be communicated to him or her.

 

(11) After such declaration or in the event that the CDA or the committee finds that such an interest exists, such member of the CDA or a committee must recuse himself or herself from the meeting before the issue in which he or she has an interest is discussed.

 

(12) In the event that the person recusing himself or herself is the Chairperson of the meeting, the vice-Chairperson assumes duty as Chairperson of such meeting.

 

(13) In the event that there is no Vice-Chairperson, the CDA or a committee elect, by means of a majority vote, a member of the CDA or a committee to act as Chairperson.