The Economic Regulation of Transport Act, 2024 (Act No. 6 of 2024)Chapter 4 : Establishment of InstitutionsPart C : Administrative matters concerning Regulator and Council49. Conflicting interests |
| (1) | The Chief Executive Officer, any employee of the Regulator and any person appointed by the Chief Executive Officer to be an inspector or investigator, and any member of the Council, may not— |
| (a) | engage in any activity that may undermine the integrity of the Regulator or the Council, as the case may be; |
| (b) | participate in any investigation, hearing or decision concerning a matter in respect of which that person or a related or inter-related person has an interest that would preclude that person from performing their functions in a fair, unbiased and proper manner; |
| (c) | make private use of or profit from any confidential information obtained as a result of performing that person’s official functions in the Regulator or the Council, as the case may be; or |
| (d) | divulge any information, referred to in paragraph (c), to any third party, except as required as part of that person’s official functions. |
| (2) | Without limiting the generality of subsection (1), an employee, investigator or inspector retained by the Regulator, before participating in any investigation, inquiry or decision by the Regulator, must disclose to the Regulator any significant relationship with a person who is materially affected or likely to be materially affected by that investigation, inquiry or decision. |
| (3) | For the purpose of subsection (2), ‘‘significant relationship’’ includes any— |
| (a) | employment relationship or professional engagement, within the immediately preceding 12 months; or |
| (b) | connection to a related or inter-related person. |