Section 189

189. (1) Leloko la Boto le tshwanetse go—

(a) dira ka boikanyego mo mererong yotlhe e e amanang le Khansele ya Ombud; le

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No. 41060

GOVERNMENT GAZETTE, 22 AUGUST 2017

Act No. 9 of 2017

Financial Sector Regulation Act, 2017

188

(b) perform his or her functions as a member—

(i) in good faith;

(ii) for a proper purpose; and

(iii) with the degree of care and diligence that a reasonable person in the member’s position would exercise.

(2) A person who is or was a member of the Board may not use that position, or any information obtained as a member of the Board, to—

(a) improperly benefit himself, herself or another person;

(b) impede the Ombud Council’s ability to perform its functions; or

(c) cause improper detriment to another person.

(3) For the purposes of this section, “benefit” and “detriment” are not limited to financial benefit or detriment.

## Delegations

190. (1) The Chief Ombud may, in writing—

(a) delegate any of his or her powers or duties in terms of a financial sector law, except the power to delegate contained in this subsection, to a staff member of the Ombud Council; and

(b) at any time, amend or revoke a delegation made in terms of paragraph (a), subject to any rights that may have accrued.

(2) A delegation in terms of subsection (1) may be to a specific person or to a person holding a specific position.

(3) A delegation in terms this section—

(a) is subject to the limitations and conditions specified in the delegation; and

(b) does not divest the Chief Ombud of responsibility in respect of the delegated power or duty.

(4) Anything done by a delegate in terms of the delegation must be regarded as having been done by the Ombud Council.

## Staff and resources

191. (1) The Ombud Council may, in accordance with applicable law—

(a) engage persons as employees;

(b) enter into secondment arrangements;

(c) engage persons on contract otherwise than as employees;

(d) enter into contracts;

(e) acquire and dispose of property;

(f) insure itself against any loss, damage, risk or liability that it may suffer or incur; and

(g) do anything else necessary for the performance of its functions.

(2) The Ombud Council may not enter into a secondment arrangement in respect of a person, or engage persons as employees or on contract, unless the person and the Ombud Council have agreed in writing, on—

(a) the performance measures that must be used to assess that person’s performance; and

(b) the level of performance to be achieved against those measures.

## Duties of staff members