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


Constitution of the Transport Education and Training Authority (TETA)

21. Conduct of Board Members and Employees


21.1 Code of Conduct


21.1.1 Members or representatives of the Board or any committee or Chamber of TETA are required to act in good faith in all dealings, which may involve TETA. Accordingly they must exercise their fiduciary duties and fulfill their obligations in a manner, which gives effect to the requirements of the PFMA, common law, this Constitution and the Board Charters. Members or representatives, office bearers and employees shall, in addition: Act honestly and in a transparent manner. Give effect to the spirit and intent of the Act, the SAQA Act, and the Levies Act. Exercise reasonable care and diligence in all their decision-making. Not make improper use of any information acquired as a member or representative of TETA or of any committee or Chamber of TETA. Avoid any conflict between personal interests and those of TETA. Declare any such conflict or interest as required in sub-clause 21.2 below.


21.2 Disclosure of Interest


TETA shall develop the required conflict of interest policy in terms of the PFMA and good governance practices, which shall be approved by the Board.


21.3 Confidentiality


21.3.1 A member of TETA or of any of its committees or Chambers shall not, while a member disclose to any unauthorised person any information which is acquired whilst performing any function in terms of this Constitution or in the course of employment and which is confidential to TETA. Such information may however be disclosed if it must be disclosed in terms of the Act, the Levies Act, or by virtue of a dispute with TETA duly declared, or by any other law or by an order of court.


21.4 Code of Conduct


The Board must cause a Code of Conduct to be drawn up for TETA as part of its corporate governance system, as well as procedures for a disciplinary hearing to address breaches of the Code of Conduct, and an appeal mechanism.