Media Development and Diversity Agency Act, 2002 (Act No. 14 of 2002)11. Conflicting interests |
| 1) | A member may not vote at, attend or in any other manner participate in, any meeting of the Board, nor be present at the place where the meeting is held, if- |
| a) | in relation to an application for support, he or she or his or her family member is a director, member or business partner or associate of, or has an interest in, the business of the applicant or of any person who made representations in relation to the application; or |
| b) | in relation to any matter before the Board, he or she has any interest which might preclude him or her from performing his or her functions as a member in a fair, unbiased and proper manner. |
| 2) |
| a) | If, during the course of any meetings of the Board, there is reason to believe that a member has any interest contemplated in subsection (1), that member must immediately fully disclose the name of his or her interest and leave the meeting in question so as to enable the remaining members to discuss the matter and determine whether or not that member should be allowed to participate in the meeting. |
| b) | The disclosure and the decision taken by the remaining members, must be recorded in the minutes of the meetings in question. |
| 3) | If any member fails to disclose any interest as required by subsection (2) or, subject to that subsection, if he or she is present at the place where a meeting of the Board is held or in any manner participates in the meeting of the Board, the relevant meeting of the Board is null and void. |
| 4) | A member is guilty of an offence and liable on conviction to a fine not exceeding R250 000 or to imprisonment for a period not exceeding five years, or to both such fine and imprisonment, if he or she- |
| a) | contravenes subsection (1); or |
| b) | fails to disclose any interest or fails to leave the meeting or hearing as required by subsection (2). |