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Infrastructure Development Act, 2014 (Act No. 23 of 2014)

Part 4 : Implementing structures of Commission

13. Disqualification from membership of steering committees, disclosure and offences relating thereto

 

 

(1)        For the purposes of this section—

 

"family member"

means—

(a) a person who is related to the member of the steering committee biologically or by statutory law including affinity by marriage, adoption or foster care, or by customary or religious law or custom, covering a husband, wife, parent, sibling, child, nephew, niece, uncle, aunt, first cousin, grandparent and grandchild; or
(b) a life partner;

 

"public office"

means any appointment or position in the service of the state, a public entity or a national or provincial government component contemplated in the Public Finance Management Act, 1999 (Act No. 1 of 1999), and includes any such appointment or position in any legislative or executive organ of the state in any sphere of government or in any court contemplated in section 166 of the Constitution of the Republic of South Africa, 1996.

 

(2)        This section applies to a member of a steering committee who occupies a public office.

 

(3)        A person who occupies a public office may not be appointed as a member of a steering committee or remain a member of such committee—

(a) if he or she or his or her family member would benefit financially, in any manner whatsoever whether directly or indirectly, from the strategic integrated project for which the steering committee was appointed; or
(b) if he or she or his or her family member has any direct or indirect interest in any business or organisation which is not owned by the State and which would in any manner whatsoever benefit financially from the strategic integrated project.

 

(4) If, after the appointment of a member of a steering committee, it appears that the member or a family member would benefit from or has an interest in any business or organisation which is not owned by the State and which would benefit from a strategic integrated project, as contemplated in subsection (3), the member must without delay—
(a) in writing disclose that fact to the steering committee and the Minister; and
(b) resign from the steering committee.

 

(5) A member of the steering committee may not be present or take part in the discussion of, or the taking of a decision on, any matter before the steering committee relating to the strategic integrated project for which the steering committee was appointed in which that member or his or her family member, business partner or associate has any direct or indirect financial interest.

 

(6) A member of a steering committee or his or her family member, business partner or associate, or an organisation or enterprise in which a member of the steering committee or his or her family member, business partner or associate has a direct or indirect interest, may not—
(a) offer goods or services or conduct any business in relation to the strategic integrated project for which the steering committee was appointed; or
(b) make improper use, in any manner whatsoever, of the position of member of a steering committee or of any information acquired by virtue of his or her position as a member of a steering committee.

(7)

(a) Any member of a steering committee who fails to comply with subsection (4)(a) or (b) or who contravenes subsection (5) is guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding five years or to both a fine and such imprisonment.
(b) Any person who contravenes subsection (6) is guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding five years or to both a fine and such imprisonment.

 

(8)

(a) Any former member of a steering committee who failed to comply with subsection (4)(a) or (b) or who contravened subsection (5) or (6) while he or she was a member of a steering committee commits an offence and is liable on conviction to a fine or to imprisonment not exceeding five years or to both a fine and such imprisonment.
(b) Any person, other than the member, referred to in subsection (6), who contravened subsection (6) during the tenure of the former member, commits an offence and is liable on conviction to a fine or to imprisonment not exceeding five years or to both a fine and such imprisonment.