| (1) |
A person who is appointed to the Committee in terms of regulation 3(1) must, upon receiving notice of his or her appointment, and prior to commencement of duties as a member, submit a written declaration to the Head of Department, detailing— |
| (a) |
any financial or other interest that he or she may have, which may be in competition or in conflict with such an appointment; and |
| (b) |
any relevant information about a conviction for an offence listed in Schedule 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977). |
| (2) |
Failure to submit the declaration referred to in subregulation (1)(a) will result in the appointment being suspended for a period not exceeding forty (40) working days until the declaration is received. |
| (3) |
If a member of the Committee— |
| (a) |
experiences a change in circumstances pertaining to financial or other interests that may affect his or her ability to consider any matter impartially, such a member must, within ten (10) working days from the date of the change in circumstances and within a reasonable period prior to consideration of an affected matter, submit a written notice to the Head of Department outlining the relevant change in circumstances; |
| (b) |
fails to comply with subregulation (3)(a), his or her appointment as a member may be revoked; |
| (c) |
has their appointment revoked, as contemplated in subregulation (3)(b), the member may lodge an appeal to the MEC within twenty (20) working days of being notified, which appeal must— |
| (ii) |
set out the reasons for the appeal being made; and |
| (iii) |
stipulate reasons as to why the membership of the person concerned should not be revoked. |
| (4) |
A declaration submitted in terms of subregulation (1) must be for the sole purpose of determining whether any possible conflict of interest precludes the appointment, or the continued membership, of a person as a member of the Committee. |
| (5) |
The Head of Department must ensure that a declaration submitted is confidential and is not publicly disclosed. |
| (6) |
A member of the Committee may not use his or her appointment to the Committee as a means of promoting the financial or other interests of another person in relation to emergency medical services. |
| (7) |
A member of the Committee who knowingly and willingly— |
| (a) |
fails to give truthful answers, or provide a full declaration of financial, or a possible conflict of, interest; |
| (b) |
uses his or her appointment to promote the financial or other interest of any person; or |
| (c) |
fails to recuse himself or herself as contemplated in regulation 4(4)(b), |
commits an offence and is, upon conviction, liable to a fine not exceeding R25 000.00 and ceases to be a member of the Committee.
Public Service Commission Act, 1997
