Electoral Commission Act, 1996 (Act No. 51 of 1996)Chapter 2 : Electoral Commission10. Disclosure of conflicting interests |
| (1) | Subject to subsection (2), a member may not at any meeting of the Commission during the discussion of any matter before such meeting in respect of which he or she has any financial or other interest which might preclude him or her from performing his or her functions in a fair, impartial and proper manner— |
| (a) | be present; |
| (b) | cast a vote; or |
| (c) | in any other manner participate in the proceedings thereof. |
| (2) | If at any stage during the course of any proceedings before the Commission it appears that any member has or may have an interest which may cause such a conflict of interests to arise on his or her part— |
| (a) | such member shall forthwith and fully disclose the nature of his or her interest and leave the meeting so as to enable the remaining members to discuss the matter and determine whether such member is precluded from participating in such meeting by reason of a conflict of interests; and |
| (b) | such disclosure and the decision taken by the remaining members regarding such determination, shall be recorded in the minutes of the meeting. |
| (3) | If any member fails to disclose any interest as required by subsection (2) or, subject to that subsection, is present at a meeting of the Commission or in any manner whatsoever participates in the proceedings of the Commission in relation to such matter, such proceedings may be reviewed and varied or set aside by the Commission. |