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South African Maritime Safety Authority Act, 1998 (Act No. 5 of 1998)

Chapter 2 : Board of Authority and Staff

Part 1 : Board

15. Independence and responsibilities of members

 

(1) A member may not engage in any paid employment that will conflict with the proper performance of his or her functions as a member.

[Section 15(1) substituted by section 9 of Act No. 42 of 2007]

 

(2) A member who has a direct or indirect pecuniary interest in a matter being considered by the Board must, without delay after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Board.

 

(3) A disclosure in terms of subsection (2) must be recorded in the minutes of the meeting, and the member may not, unless the Board otherwise determines—
(a) be present during any deliberation of the Board with respect to that matter; or
(b) take part in any decision of the Board with respect to that matter.

 

(4) For the purpose of making a determination under subsection (3), a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates may not—
(a) be present during any deliberation of the Board for the purpose of making the determination; or
(b) take part in making the determination.

 

(5) Members must comply with the provisions of the Companies Act, 1973 (Act No. 61 of 1973), applicable to directors of companies.