Statutes section 191

Section 191

In force date not confirmed

191. (1) Khansele ya Ombud e ka, go tsamaelana le molao o o diriswang— 30

(a) dirisana le batho jaaka badiri; kgotsa

(b) dira thulaganyo ya tshutiso ya nakwana ya modiri;

(d) dira dikonteraka;

(e) phitlhelelo le phetiso ya thoto; 35

(f) insora kgatlhanong le tatlhegelo, tshenyegelo, kotsi kgotsa molato tse e ka di itemogelang kgotsa ya nna ka fa tlase ga tsona; le

(g) dira sengwe le sengwe se se tlhokegang gore e kgone go dira tiro ya yona.

(2) Khansele ya Ombud e ka se dire thulaganyo ya tshutiso ya nakwana ya modiri mabapi le motho, kgotsa ya dirisana le batho jaaka badiri kgotsa mo konterakeng, ntle 40 le fa motho le Bothati jwa Boitshwaro jwa Lephata la Ditshelete ba dumalane ka go kwala mabapi le—

(a) ditekanyetsotiro tse di tshwanetseng go diriswa go lekanyetsa tiro ya motho; le

(b) boemo jwa tiro jo bo tshwanetseng go fithelelwa kgatlhanong le ditekanyetso 45 tseo.

## Ditiro tsa maloko a badiri

192. (1) Motho yo e leng kgotsa yo e neng e le leloko la badirimmogo ba Khansele ya Ombud o ka se dirise maemo ao kgotsa tshedimosetso nngwe le nngwe e a e boneng jaaka leloko la badirimmogo go—

(a) una molemo ka boena kgotsa go dira motho yo mongwe a une molemo ka tsela e e sa siamang;

(b) kgoreletsa Khansele ya Ombud go dira ditiro tsa yona; kgotsa

(2) Mabapi le maitlhomo a karolo eno, “kunomolemo” le “thatafaletso” ga di a 55 lekanyetswa go kunomolemo ya ditshelete kgotsa thatafaletso ya ditshelete.

This gazette is also available free online at www.gpwonline.co.za

No. 41060

GOVERNMENT GAZETTE, 22 AUGUST 2017

Act No. 9 of 2017

Financial Sector Regulation Act, 2017

# Disclosure of interests

193. (1) A member of the Board must disclose, at a meeting of the Board, or in writing to each of the other members, any interest in a matter that is being or will be considered by him or her, whether or not at a meeting of the Board, being an interest that—

(a) the member has; or

(b) a person who is a related party to the member has.

(2) A disclosure in terms of subsection (1) must be given as soon as practicable after the member concerned becomes aware of the interest.

(3) A member referred to in subsection (1) may not perform a function in relation to the matter concerned unless—

(a) the member has disclosed the interest in accordance with subsection (1); and

(b) the other members of the Board have decided that the interest cannot be seen as affecting the member’s proper execution of his or her functions in relation to the matter.

(4) A member of a committee of the Ombud Council established in terms of section 51(1)(a)(ii) of the Public Finance Management Act or section 187(1) of this Act must disclose, at a meeting of the committee, or in writing to each of the other members of that committee, any interest in a matter that is being or is intended to be considered by that committee, being an interest that—

(a) the member has; or

(b) a person who is a related party to the member has.

(5) A disclosure in terms of subsection (4) must be given as soon as practicable after the member concerned becomes aware of the interest.

(6) A person referred to in subsection (1) or (4) may not participate in the consideration of, or decision on, that matter by the Board or the committee, as the case may be, unless—

(a) the person has disclosed the interest in accordance with subsection (1) or (4); and

(b) the other members of the Board or that committee have decided that the interest cannot be seen as affecting the member’s proper execution of his or her functions in relation to the matter.

(7) (a) Each member of the Ombud Council’s staff and each other person involved in the performance of the functions or the exercise of the powers of the Ombud Council must make timely, proper and adequate disclosure of their interests, including the interests of a related party, that could reasonably be seen as interests that may affect the proper execution of their functions of office or a delegated power.

(b) The Chief Ombud must ensure that paragraph (a) is complied with.

(8) For the purposes of this section, it does not matter—

(a) whether an interest is direct, indirect, pecuniary or non-pecuniary; or

(b) when the interest was acquired.

(9) For the purposes of this section, a person does not have to disclose—

(a) the fact that that person, or a person who is a related party to that person, is—

(i) an official or employee of the Ombud Council; or

(ii) a financial customer of a financial institution; or

(b) an interest that is not material.

(10) The Chief Ombud must maintain a register of all disclosures made in terms of this section and of all decisions made in terms of this section.

# Part 2

## Recognition of industry ombud schemes

### Recognition of industry ombud schemes

194. (1) The Ombud Council may, on application by an industry ombud scheme, recognise the industry ombud scheme for the purposes of this Act.

(2) An application in terms of subsection (1) must—

(a) be in writing, in a form approved or accepted by the Ombud Council; and

(b) include or be accompanied by—

(i) a copy of the governing rules of the industry ombud scheme;

This gazette is also available free online at www.gpwonline.co.za

GOVERNMENT GAZETTE, 22 AUGUST 2017

No. 41060 193

Molao wa Taolo ya Lephata la Ditshelete, 2017

Nmr 9 ya 2017

# Tshenolo ya dikgatlhegelo