South African Post Office SOC Ltd Act, 2011 (Act No. 22 of 2011)10. Disqualification from membership of Board, and disclosure |
| (a) | is a member of Parliament, any provincial legislature or any municipal council; |
| (b) | is an unrehabilitated insolvent; |
| (c) | has been declared by a court to be mentally ill or disordered; |
| (d) | has at any time been convicted, whether in the Republic or elsewhere, of— |
| (i) | theft, fraud, forgery or uttering a forged document, perjury, an offence in terms of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), or any other offence involving dishonesty; or |
| (ii) | an offence under this Act; |
| (e) | has been sentenced, after the commencement of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), to a period of imprisonment of not less than one year without the option of a fine; |
| (f) | has at any time been removed from an office of trust on account of misconduct; |
| (g) | has any direct or indirect interest in conflict with the business of the Post Office; or |
| (h) | is not a South African citizen. |
| (2) | A person who is subject to a disqualification contemplated in subsection (1)(a), (b) or (g) may be nominated for appointment as a Board member, but may only be appointed if at the time of such appointment he or she is no longer subject to that disqualification. |
(3)
| (a) | A person nominated for appointment as a member of the Board must, before appointment and upon a request from the Minister, submit to the Minister a written statement containing— |
| (i) | a full disclosure of all his or her financial interests; and |
| (ii) | a declaration that he or she has no direct or indirect interests that are in conflict with the business of the Post Office as contemplated in subsection (1)(g) or section 13. |
| (b) | If, after appointment, a member of the Board acquires any— |
| (i) | further financial interest contemplated in paragraph (a)(i), the member must immediately in writing disclose that fact to the Minister and the Board; or |
| (ii) | direct or indirect interest contemplated in subsection (1)(g) or section 13, the member must immediately declare that fact to the Minister and the Board. |
(4)
| (a) | Any member of the Board of the Post Office referred to in section 3(2)(c) must as soon as possible after the commencement of this Act, but not later than three months thereafter, submit to the Minister and the Board a written statement containing the disclosure and declaration referred to in subsection (3)(a). |
| (b) | If a member of the Board of the Post Office, referred to in paragraph (a), has any direct or indirect interest in conflict with the business of the Post Office as contemplated in subsection (1)(g) or section 13, when this Act commences, the member must as soon as possible after making the statement contemplated in paragraph (a), but not later than six months after the commencement of this Act, divest himself or herself of that interest. |
| (c) | Subsection (3)(b) also applies to a Board member referred to in paragraph (a). |