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


Constitution of the Agriculture Sector Education and Training Authority (AgriSETA)

Chapter Seven : Finances and Fiduciary Responsibilities

39. Fiduciary duties of Governing Board


39.1 The Governing Board must, as contemplated in section 50 of the Public Finance Management Act:
39.1.1 exercise the duty of utmost care to ensure reasonable protection of the assets and records of AgriSETA;
39.1.2 act with fidelity, honesty, integrity and in the best interest of AgriSETA in managing the financial affairs of AgriSETA;
39.1.3 on request, disclose to the Minister all material facts, including those reasonably discoverable, which in any way may influence the decisions of the Minister; and
39.1.4 seek, within the sphere of influence of AgriSETA to prevent any prejudice to the financial interests of the state.


39.2 A member may not:
39.2.1 act in a way that is inconsistent with the responsibilities assigned to AgriSETA in terms of the Public Finance Management Act; or
39.2.2 use the position or privileges of, or confidential information obtained for personal gain or to improperly benefit another person.


39.3 A member must:
39.3.1 disclose to the Governing Board any direct or indirect personal or private business interest that that member or any spouse, partner or close family member may have in any matter before AgriSETA; and
39.3.2 withdraw from the proceedings of AgriSETA when that matter is considered, unless the Governing Board decides that the member's direct or indirect interest in the manner is trivial or irrelevant.