Schedule 1 (Section 7(12))
Code of conduct for Board Members
1. General conduct of Board Members
A board member -(a)must perform the functions allocated to him or her in good faith diligently, honestly and in a transparent manner;(b)must fulfil his or her role in an efficient manner;(c)may not conduct himself or herself in a disgraceful, improper or unbecoming manner;(d)must comply with any applicable legislation;(e)must act in the best interest of the Board;(f)may not embark on actions that would create division within the Board;(g)may not refuse to provide any service to a person on political or ideological grounds;(h)must foster good relations with the organs of state with whom he or she interacts; and(i)must disclose gifts received.2. Attendance at meetings
A member of the Board must attend each meeting of the Board and of a committee of which that member of the Board is a member, except when -(a)leave of absence is granted in terms of an applicable law or as determined by the rules and orders of the Board; or(b)that member of the Board is required in terms of this Code to withdraw from the meeting.3. Sanctions for non-attendance of meetings
(1)The Board may impose a sanction as determined by the Board on a member of the Board for -(a)not attending a meeting which that member of the Board is required to attend in terms of item 2; or(b)failing to remain in attendance at such a meeting.(2)A member of the Board, who is absent from three or more consecutive meetings of the Board, or from three or more consecutive meetings of a committee of the Board, which that member of the Board is required to attend in terms of item 2, must be removed from office as a member of the Board, by the responsible Member.(3)The responsible Member must inform the relevant Premier of the removal of the member of the Board represented.(4)Proceedings for the imposition of a sanction including removal of a member of Board must be conducted in accordance with a uniform standing procedure which the Board must adopt for the purposes of this item.4. Disclosure of interests
(1)A member of the Board must -(a)disclose to the Board; or to any committee of the Board of which that member of the Board is a member any direct or indirect personal or private business interest that that member of the Board, or any spouse, partner or business associate of that member of the Board, may have in any matter before the Board or the committee of the Board; and(b)withdraw from the proceedings of the Board or committee of the Board when that matter is considered by the Board or its committee, unless the Board or its committee decides that the member of the Board's direct or indirect interest in the matter is trivial or irrelevant.(2)A member of the Board who, or whose spouse, partner, business associate or close family member, acquired or stands to acquire any direct benefit from a contract concluded with the Board, must disclose full particulars of the benefit of which the member of the Board is aware at the first meeting of the Board at which it is possible for the member of the Board to make the disclosure.(3)This section does not apply to an interest or benefit which a member of the Board, or a spouse, partner, business associate or close family member has or acquires in common with other members of the Board.5. Personal gain
(1)A member of the Board may not use the position or privileges of a member of the Board, or confidential information obtained as a member of the Board, for private gain or to improperly benefit another person.(2)Except with the prior consent of the Board, a member of the Board may not -(a)be a party to or beneficiary under a contract for -(i)the provision of goods or services to the Board; or(ii)the performance of any work otherwise than as a member of the Board and for the Board;(b)obtain a financial interest in any business of the Board; or(c)for a fee or other consideration appear on behalf of any other person before the Board or its committee.(3)If more than one quarter of the members of the Board object to consent being given to a member of the Board in, terms of sub-item (2), such consent may only be given to the member of the Board with the approval of the responsible Member of the Executive Council.6. Declaration of interests
(1)When elected or appointed, a member of the Board must, within 60 days, declare in writing, to an officer of the Board designated by the responsible Member of the Executive Council the following financial interests held by that member of the Board -(a)shares and securities in any company;(b)membership of any close corporation;(c)interest in any trust;(f)other financial interests in any business undertaking;(g)employment and remuneration;(j)subsidies, grants and sponsorships by any organisation.(2)Any change in the nature or detail of the financial interests of a member of the Board must be declared, in writing, to the officer referred to in sub-item (1) annually.(3)Gifts received by a member of the Board in excess of an amount as may be prescribed by notice in the Provincial Gazette from time to time, must also be declared in accordance with sub-item (1).(4)The Board must determine which of the financial interests referred to in sub-item (1) must be made public, having regard to the need for confidentiality and the public interest for disclosure.(5)The declaration of interests and gifts contemplated in this item must substantially comply with the format of Annexure A to this Schedule, and must be completed annually where necessary, in order to comply with the provisions, of sub-item (2).7. Rewards, gifts and favours
A member of the Board may not request, solicit or accept any reward, gift or favour for -(a)voting or not voting in a particular manner on any matter before the Board or before a committee of the Board of which that member of the Board is a member;(b)persuading the Board or any committee of the Board in regard to the exercise of any power, function or duty;(c)making a representation to the Board or any committee of the Board; or(d)disclosing privileged or confidential information.8. Unauthorised disclosure of information
(1)A member of the Board may not, without the permission of the Board or a committee, disclose any privileged or confidential information of the Board or committee to any unauthorised person.(2)For the purpose of this item "privileged or confidential information" includes any information -(a)determined by the Board or committee of the Board to be privileged or confidential;(b)discussed in closed session by the Board or its committee;(c)of which disclosure would violate a person's right to privacy; or(d)declared to be privileged, confidential or secret in terms of the law.(3)This item does not derogate from the right of any person to access information in terms of national legislation.9. Breach of Code of Conduct
(1)If the Board, on reasonable suspicion, is of the opinion that a provision of the Code of Conduct has been breached, the Board must -(a)authorise an investigation of the facts and circumstances of the alleged breach;(b)give the member of the Board a reasonable opportunity to reply in writing regarding the alleged breach; and(c)report the matter to a meeting of the Board after paragraphs (a) and (b) have been complied with.(2)A report referred to in sub-item (1)(c) may be made available to the public.(3)The Board must report the outcome of the investigation to the responsible Member of the Executive Council.(4)The Secretary of the Board must ensure that each member of the Board, when taking office, is given a copy of this Code and that a copy of this Code is available in every room or place where the Board or a committee of the Board meets.(5)The Board may -(a)investigate and make a finding on any alleged breach of a provision of this Code; or(b)establish a special committee -(i)to investigate and make a finding on any alleged breach of this Code; and(ii)to make appropriate recommendations to the Board.(6)If the Board, or a special committee appointed by the Board to conduct the investigation, finds that a member of the Board has breached a provision of this part of the Code of Conduct, the Board may -(a)issue a formal warning to the member of the Board;(b)reprimand the member of the Board;(c)suspend the member of the Board for a period in consultation with the responsible Member; and(d)remove the member of the Board from office in consultation with the responsible Member.(7)(a)Any member of the Board who has been warned, reprimanded, suspended or removed in terms of paragraph (a), (b), (c) or (d) of sub-item (6) may, within 14 days of having been notified of the decision of the Board, appeal to the responsible Member in writing, setting out the reasons on which the appeal is based.(b)A copy of the appeal must be provided to the Board.(c)The Board may, within 14 days of receipt of the appeal referred to in paragraph (b), make any representation pertaining to the appeal to the responsible Member in writing.(d)The responsible Member of the Executive Council may after having considered the appeal, confirm, set aside or vary the decision of the Board and inform the member of the Board and the Board of the outcome of the appeal.(8)The responsible Member may appoint a person or a committee to investigate any alleged breach of a provision of this Code and to make recommendations on whether the member of the Board should be suspended or removed from office.(9)If the responsible Member is of the opinion that a member of the Board has breached a provision of this Code, and that such contravention warrants a suspension or removal from office, the responsible Member Council may -(a)suspend the member of the Board for a period and on conditions determined by the responsible Member; or(b)remove the member of the Board from office.(10)Any investigation in terms of this item must be conducted in accordance with the rules of natural justice.Schedule 2 (Section 7(12))
Declaration of interests and gifts
I, the undersigned: ____________________________________________(full names)Identity number:_________________________________________________Postal address:_________________________________________________Residential address:______________________________________________Position held:__________________________________________________PERSAL No:_________________________________________________Telephone number:_____________________________________________Fax number:_______________________________________________________hereby certify that the following information is complete and correct to the best of my knowledge:1. Shares and other financial interestsNumber of shares extent of financial interests | Nature | Nominal Value | Name of company/entity |
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6. Land and propertyDescription | Extent | Area | Value |
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__________________SIGNATUREPLACE:_____________________DATE:_______________________Oath/affirmation
1. I certify that before administering the oath/affirmation I asked the deponent the following questions and wrote down his/her answers in his/her presence:(a)Do you know and understand the contents of the declaration?Answer__________________________(b)Do you have any objection to taking the prescribed oath or affirmation?Answer_____________________________(c)Do you consider the prescribed oath or affirmation to be binding on your conscience?Answer____________________________________2. I certify that the deponent, has acknowledged that she/he knows and understands the contents of this declaration. the deponent uttered the following words:“I swear that the contents of this declaration are true, so help me God.”/ “I truly affirm that the contents of the declaration are true”. The signature/ mark of the deponent has been affixed to the declaration in my presence.Commissioner of Oaths/Justice of Peace______________________________________________