Protection of Businesses Act, 1978
R 385
National Gambling Act, 2004 (Act No. 7 of 2004)Chapter 4 : National StructuresPart B : National Gambling Board68. Conflicting interests |
| 1) | A member of the board must promptly inform the Minister in writing after acquiring an interest that is, or is likely to become, an interest contemplated in section 67(3)(c)(ii). |
| 2) | A member of the board must not- |
| a) | engage in any activity that may undermine the integrity of the board; |
| b) | attend, participate in or influence the proceedings during a meeting of the board, if, in relation to the matter before the board, that member has an interest- |
| i) | contemplated in section 67(3)(c)(ii); or |
| ii) | that precludes the member from performing the duties of a member of the board in a fair, unbiased and proper manner; |
| c) | vote at any meeting of the board in connection with a matter contemplated in paragraph (b); |
| d) | make private use of, or profit from, any confidential information obtained as a result of performing that person's duties as a member of the board; or |
| e) | divulge any information referred to in paragraph (d) to any third party, except as required as part of that person’s official functions as a member of the board. |
| 3) | If, at any time, it appears to a member of the board that a matter before the board concerns an interest of that member referred to in subsection (2)(b), the member must- |
| a) | immediately and fully disclose the nature of that interest to the meeting; and |
| b) | withdraw from the meeting to allow the remaining members to discuss the matter and determine whether the member should be prohibited from participating in any further proceedings concerning that matter. |
| 4) | A disclosure by a member in terms of subsection (3)(a) and the decision by the board in terms of subsection (3)(b) must be expressly recorded in the minutes of the meeting at which the disclosure is made. |
| 5) | Proceedings of the board, and any decisions taken by a majority of the members present and entitled to participate in those decisions, are valid despite the fact that- |
| a) | a member failed to disclose an interest as required by subsection (3); or |
| b) | a member who had such an interest attended those proceedings, participated in them in any way, or directly or indirectly influenced those proceedings. |
