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Lotteries Act, 1997 (Act No. 57 of 1997)

Part I : The National Lottery

Chapter 3 : Distribution of net proceeds of National Lottery

26D. Conflict and declaration of interest

 

 

(1) A member of the distributing agency must, before appointment, submit to the Minister, board and the Commission a written statement in which he or she declares whether or not he or she has any direct or indirect interest, financially or otherwise, whether or not such interests—
(a) may constitute a conflict of interest in respect of his or her functions as a member of the distributing agency; or
(b) could reasonably be expected to compromise the distributing agency in the performance of its functions.

 

(2) If such a member acquires any interest as contemplated in subsection (1), he or she must, within 30 days in writing, declare that fact to the Minister, board and the Commission.

 

(3) A member must not be present at, or take part in, the discussion of or the taking of a decision on any matter before the distributing agency in which that member has an interest contemplated in subsection (1).

 

(4) A member must not use his or her position or privileges, or confidential information obtained as a member of the distributing agency, for personal gain or to improperly benefit another person.

 

(5) Should the Minister or the board become aware of any conflict of interest or perceived conflict of interest or circumstances that may compromise the impartiality of a person in executing his or her duties as a member of the distributing agency, the Minister may, after consultation with the board immediately order such person to stop executing any duties related to distributing grants pending any investigation or inquiry.

 

(6) Should any member of the distributing agency become aware of any conflict of interest or perceived conflict of interest or circumstances that are likely to compromise his or her impartiality in executing his or her duties, such person must immediately stop executing such duties and must within seven days of becoming aware of such conflict or perceived conflict or circumstances inform the Minister, board and the Commission of any such conflict or circumstances and the Minister must, after consultation with the board consider whether such conflict or circumstances is likely to compromise the impartiality of such person in the performance of his or her duties.

 

(7) The Minister may, after consultation with the board, institute disciplinary proceedings against any member of the distributing agency who fails or refuses to comply with or contravenes this section.

 

(8) The Minister, board and the Commission must keep a register of the interests of members of the distributing agency disclosed in terms of this section and must update that register from time to time.

 

(9) The Minister may, after considering whether such conflict or circumstances is likely to compromise the impartiality of such a person, inform such a person of his or her decision which may include—
(a) suspending such a person pending any further investigations;
(b) instituting a disciplinary inquiry to probe such conflict or circumstances; or
(c) dismissal of such a person from executing his or her duties as a distributor of grants on the ground of serious misconduct,

where such person has failed to inform the Minister, board and the Commission of the existence of such conflict.

 

[Section 26D inserted by section 24 of Act No. 32 of 2013]