[Section 26 heading substituted by section 20 of the Basic Education Laws Amendment Act, 2024 (Act No. 32 of 2024), Notice No 5212, GG51258, dated 16 September 2024 – effective 24 December 2024 per Proclamation Notice 237 of 2024]
| (1) |
Before a governing body discusses, or decides on, the recruitment or employment of staff, or the procurement of goods and services for a public school, a member must declare to the governing body any direct or indirect personal and financial interest that the member or any of his or her family members or close friends or business partners has, including— |
| (i) |
in an entity conducting business with the school; or |
| (ii) |
in a business or a commercial or financial activity undertaken by the governing body of the school; |
| (b) |
a financial or other obligation to an entity conducting business with the school; and |
| (c) |
a gift, hospitality, sponsorship or other benefit received from an entity conducting business with the school. |
| (2) |
Any person may in writing inform the chairperson of a governing body or the principal of a school of a possible conflict of interest concerning a governing body member. |
| (3) |
A governing body member must recuse himself or herself and withdraw from a meeting of the governing body for the duration of the discussion and decision-making on an issue in which the member has a personal or financial interest as contemplated in subsection (1). |
| (4) |
If a governing body has knowledge that a member who is present has a personal interest in a matter, the governing body may not take a decision on that matter until the member has withdrawn as contemplated in subsection (3). |
| (5) |
Where a governing body member contravenes the provisions of this section, the Head of Department may, after due process as contemplated in the code of conduct for the members of the governing body— |
| (a) |
suspend the governing body member; or |
| (b) |
terminate the membership of the governing body member. |
| (6) |
This section applies, with the necessary changes, to committees of a governing body and committee members. |
| (7) |
For the purposes of this section, family member means a parent, sister, brother, child or a spouse of a member of the governing body, and includes— |
| (a) |
a person living with that member as if they were married to each other, namely a life partner; |
| (b) |
a relative who resides permanently with that member; and |
| (c) |
any other relative who is dependent on such member. |
[Section 26 substituted by section 20 of the Basic Education Laws Amendment Act, 2024 (Act No. 32 of 2024), Notice No 5212, GG51258, dated 16 September 2024 – effective 24 December 2024 per Proclamation Notice 237 of 2024]
Trade Marks Act, 1993
