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Community Schemes Ombud Service Act, 2011 (Act No. 9 of 2011)

Regulations

Regulations on Community Schemes Ombud Service

Chapter 4 : Promotion of Good Governance, Training and Education

14. Duties of scheme executives

 

(1) A scheme executive must —
(a) take reasonable steps to inform and educate himself or herself about the community scheme, its affairs and activities and the legislation and governance documentation in terms of which the community scheme operates;
(b) take reasonable steps to obtain sufficient information and advice about all matters to be decided by the scheme executives to enable him or her to make conscientious and informed decisions;
(c) unless excused by the chairperson of the scheme executives on reasonable grounds—
(i) attend all meetings of the scheme executives; and
(ii) attend the community scheme's annual general meeting, if it holds such a meeting;
(d) exercise an active and independent opinion with respect to all matters to be decided by the scheme executives; and
(e) exercise due diligence in relation to any business of, and necessary preparation for and attendance at meetings of, the scheme executives or any committee to which such scheme executive is appointed.

 

(2) The obligations of a community scheme executive in terms of subregulation (1) are in addition to and do not derogate from the fiduciary obligations of a scheme executive in terms of the common law or any applicable statute.