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Special Economic Zones Act, 2014 (Act No. 16 of 2014)

Chapter 3 : Special Economic Zones Advisory Board

13. Code of good conduct and disclosure of interests by Advisory Board members

 

(1) The Minister must approve a code of conduct for the members of the Advisory Board.

 

(2) Members of the Advisory Board—
(a) must make full disclosure to the Advisory Board of any conflict of interest, including any potential conflict of interest;
(b) may not vote, attend or participate in any proceedings of the Advisory Board in relation to any matter before the Advisory Board in respect of which they have a conflict or potential conflict of interest; and
(c) must comply with any decision of the Advisory Board as to whether or not they are entitled to participate in any particular proceedings of the Advisory Board.

 

(3) For the purposes of this section, a member has a conflict of interest if—
(a) the member, or a family member, partner or business associate of the member—
(i) is applying for a license to develop, operate and manage a Special Economic Zone, a Special Economic Zone operator permit, or the transfer of an operator permit; or
(ii) has a financial or other interest in an entity that is involved with a Special Economic Zone; or
(b) the member has any other interest that may preclude, or may reasonably be perceived as precluding, the member from performing the functions of a member of the Advisory Board in a fair, unbiased and proper manner.

 

(4) Any disclosure in terms of subsection (2)(a) and any decision of the Advisory Board in terms of subsection (2)(c) must be recorded in the minutes of the Advisory Board.

 

(5) For the purposes of this section, "family member", in relation to a member of the Advisory Board, means his or her parent, sibling, child, including an adopted child, or spouse, and includes a person living with that member as if they were married to each other, and any person separated from the member by no more than two degrees of natural or adopted consanguinity or affinity.