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National Health Act, 2003 (Act No. 61 of 2003)


Emergency Medical Services Regulations, 2017

Part 2 : EMS Advisory Committee

5. Declaration by Committee members


(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—
(i) be in writing;
(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.