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National Conventional Arms Control Act, 2002 (Act No. 41 of 2002)

Chapter III : General

25. Disclosure of interest

 

 

(1) If any member of the Committee, a subcommittee or the secretariat, or any inspector of the Inspectorate, has a direct or indirect pecuniary or other interest in any matter which could conflict with the proper performance of his or her duties in terms of this Act, he or she must disclose that interest as soon as practicable after the relevant facts came to his or her knowledge.

 

(2)
(a) If a member of the Committee or a subcommittee contemplated in subsection (1)—
(i) is present at a meeting of the Committee or the subcommittee at which a matter contemplated in that subsection is to be considered, the member must disclose the nature of his or her interest to the meeting before the matter is considered; or
(ii) fails to make a disclosure as required by this subsection and is present at a meeting of the Committee or subcommittee, as the case may be, or in any other manner participates in the proceedings, such proceedings in relation to the relevant matter must, as soon as the non-disclosure is discovered, be reviewed and be varied or set aside by the Committee or the subcommittee, as the case may be, without the participation of the member concerned.
(b) A member of the Committee or a subcommittee who is obliged to make a disclosure in terms of this subsection may not be present during any deliberation, or take part in any decision, in relation to the matter in question.
(c) Any disclosure made in terms of this subsection must be noted in the minutes of the relevant meeting of the Committee or subcommittee.

 

(3) A member of the Committee, a subcommittee or the secretariat, or an inspector of the Inspectorate, who has disclosed a conflict of interest in terms of subsection (1) must be relieved of all duties relating to the matter in question and such duties must be performed by another member of the Committee, subcommittee or secretariat or by another inspector of the Inspectorate, as the case may be, who has no such conflict of interest.