Section 13: Conflict of interests
consolidated text (as at 2012, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
13. Conflict of interests
(1) Where—
(a) a public body in which a public official is a member, director or
employee proposes to deal with a company, partnership or other
undertaking in which that public official or a relative or associate
of his has a direct or indirect interest; and
(b) that public official, his relative or associate or both of them hold
more than 10 per cent of the total issued share capital or of the
total equity participation in such company, partnership or other
undertaking,
that public official shall forthwith disclose, in writing, to that public body the
nature of such interest.
(2) Where a public official or a relative or associate of his has a personal
interest in a decision which a public body is to take, that public official shall
not vote or take part in any proceedings of that public body relating to such
decision.
(3) Any public official who contravenes subsection (1) or (2) shall commit an offence and shall, on conviction, be liable to penal servitude for a
term not exceeding 10 years.
[S. 13 amended by s. 4 of Act 1 of 2006 w.e.f. 29 April 2006.]
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Questions this section answers
- Must a public official disclose it if their public body deals with a company they have shares in?
- Can a public official vote on a decision where they have a personal interest?