Statutes section 225

Section 225

In force date not confirmed

225. (1) Tona o tshwanetse go tlhoma le go tlamela lenane la batho ba ba ikemiseditseng go dira jaaka maloko a dipanele tsa Lekgotla.

(2) Batho ba ba akareditsweng mo lenaneng la panele ba tshwanetse—

(a) go nna le maitemogelo mo kgotsa kitso ya boitseanape—

(i) ya molao; kgotsa

(ii) ya dikuno tsa ditshelete, ditirelo tsa ditshelete, didiriso tsa ditshelete, dithulaganyetso tsa popegotheo ya mmaraka kgotsa dithulaganyo tsa ditshelete; le

(b) go nna motho yo o itekanetseng e bile a le matshwanedi go ka akaretswa mo lenaneng la panele.

(3) Motho o ka se akaretswe mo lenaneng la panele fa e le motho yo o ileditsweng.

(4) Tona o ka, dingwaga dingwe le dingwe tse tlhano, laletsa mo phatlalatseng batho go dira kopo ya go akaretswa mo lenaneng la panele.

(5) Modulasetilo o tshwanetse go netefatsa gore batho ba ba akareditsweng mo lenaneng la panele ba newa tshono e e lekanang ya go thapiwa go dira mo paneleng ya Lekgotla.

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

216

(6) The Minister—

(a) must remove a person from the panel list—

(i) if the person so requests; or

(ii) if the person becomes a disqualified person; and

(b) may, on recommendation of the Chairperson, remove a person from the panel list if the person—

(i) is unable to act as a panel member for health or other reasons;

(ii) has failed in a material way to discharge any of the responsibilities of a panel member; or

(iii) has acted in a way that is inconsistent with acting as a panel member. 10

## Disclosure of interests

226. (1) (a) If before or during proceedings in which a panel member is participating, it becomes apparent that the panel member or a person who is a related party to the panel member has an interest in the decision that the panel has been constituted to reconsider, the panel member must— 15

(i) immediately and fully disclose this interest to the other members of the panel; and

(ii) withdraw from any further involvement in the hearing.

(b) A disclosure in terms of paragraph (a) by the Chairperson must, in addition, be made to the Minister. 20

(2) 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. 25

(3) In this section, “interest” does not include an interest that is not material.

(4) The Chairperson must maintain a register of all disclosures made in terms of this section, and must maintain a system for the annual disclosure of interests by members of the Tribunal.

## Tribunal rules

227. (1) The Chairperson may make rules, not inconsistent with this Act, in respect of the procedure to be followed in connection with proceedings on applications for reconsideration of decisions in terms of this Chapter, and the conduct of those proceedings, and may at any time amend or revoke those rules.

(2) Tribunal rules, and amendments and revocations of Tribunal rules, must be published. 35

## Part 3

## Right to reasons for decisions

## Right to be informed

228. An obligation in a financial sector law to notify a person of a decision taken in relation to that person must be read as including an obligation to notify the person of that person’s right—

(a) to request reasons for the decision in terms of section 229; and

(b) to have the decision reconsidered in terms of Part 4.

## Right to reasons for decisions