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Railway Safety Act, 2024 (Act No. 30 of 2024)Chapter 2 : Railway Safety Regulator19. Conflict of interest of board member or board committee member |
| (1) | A prospective board member must, prior to his or her appointment, submit a declaration to the Minister, made under oath or by affirmation, to the effect that he or she is not disqualified from appointment as contemplated in section 15, and a member of the board must do so as often as the Minister may, in writing, require. |
| (2) | A board member or a board committee member may not be present during, or take part in, the discussion of, or the taking of a decision on, any matter serving before the board or board committee, as the case may be, in which that member or his or her spouse, life partner, child, business partner or associate or employer other than the State, has a direct or indirect financial interest, and such a person may not have access to any record documenting the discussions in respect of that matter, other than information he or she is entitled to by law. |
| (3) | Aboard member or a board committee member must immediately when he or she becomes aware of any conflict or a perceived conflict of interest, whether it affects that member personally or another member, in writing, inform the chairperson of the board or the chairperson of a board committee, as the case may be, of such conflict. |
| (4) | The relevant chairperson to whom a conflict or a perceived conflict of interest has been reported, must immediately consider the relevant information and, if appropriate, excuse the member in respect of whom the conflict or perceived conflict of interest is raised against from participating and voting in any part of a meeting or proceedings where the matter that has caused such a conflict is considered. |
| (5) | The chairperson of the board or the chairperson of a board committee must, immediately, when he or she becomes aware of any conflict or perceived conflict of interest which affects him or her personally, in writing, inform the Minister and all the members of the board or the relevant board committee of such conflict, and unless the board or that board committee decides otherwise, the relevant chairperson must recuse himself or herself from participating and voting in any part of a meeting or proceedings where the matter that has caused such a conflict or perceived conflict is considered. |
| (6) | The chairperson of the board or the chairperson of a board committee may, of his or her own accord, or upon a request, in writing, by at least three members of the board or the relevant board committee, investigate compliance with this section by any member of the board or of a relevant board committee. |
