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Skills Development Act, 1998 (Act No. 97 of 1998)

Chapter 3 : Sector Education and Training Authorities

11C. Disclosure of conflict of interests


(1) A person may not be appointed on an Accounting Authority, unless the necessary disclosure has been made that such person—
(a) directly or indirectly, whether personally or through his or her spouse, partner or associate, has a direct or indirect financial interest in the SETA in question; or
(b his or her spouse, partner or associate holds an office in or is employed by any SETA, organisation or other body, whether corporate or incorporate, which has a direct or indirect financial interest of the nature contemplated in paragraph (a).


(2) If at any stage during the oourse of any proceedings before the Accounting Authority it appears that any Accounting Authority member has or may have an interest which may cause such conflict of interest to arise on his or her part—
(a) such Accounting Authority member must forthwith fully disclose the nature of his or her interest and leave the meeting so as to enable the remaining Accounting Authority members to discuss the matter and determine whether such Accounting Authority member is precluded from participating in such meeting by reason of a conflict of interest; and
(b) such disclosure, and the decision taken by the remaining Accounting Authority members regarding such determination, must be recorded in the minutes of the meeting in question.


(3) If any Accounting Authority member fails to disclose any interest as required by subsection (2) or, subject to the provisions of that subsection, if he or she is present at the venue where a meeting of the Accounting Authority is held or in any manner whatsoever participates in the proceedings of the Accounting Authority, the relevant  proceedings of the Accounting Authority shall be null and void.


[Section 11C inserted by section 10 of Act No. 26 of 2011]