Cap. 10:31
PuBuc ENnTIF.s CoRPOR.t>.TE GovE&'iANCE
No. 4/2018
(b) a-
(i)
body corporate established directly by or under an Act for
special purposes specified in that Act; or
(ii)
board, committee or similar entity which is established directly
by an Act for special purposes specified in that Act;
whose members consist wholly or mainly of persons appointed
by the President, a Vice-President, a Minister, a Deputy Minister,
another statutory body or by a constitutional Conunission;
"strategic plan" means a strategic plan of a public entity drawn up in terms of
section 22;
"Unit" means the Corporate Govemance Unit referred to in section 5(1).
(2) The Minister may, at the request of or in consultation with the line Minister
conccmed, by notice in the Gazerte, specify any entity established under an agreement
for a partnership or joint venture between the State and any other person to be a public
entity for the purpose of this Act.
(3) Where a senior staff member of a public entity is not appointed by the board
of the entity, any reference in this Act to the board in regard to the sta!T member's
appointment, discharge or conditions of service shall be construed as a reference to
the person or body that appoints the staff member.
(4) Where this Act requires any document to be kept available for inspection
at(a)
the office of a line Ministry, a public entity or any other entity, the
document shall be kept at the entity's head office and any provincial office
and at any of the entity's other offices where members of the public might
reasonably expect to find the document;
(b)
the office of the Unit, the document may be kept at that office or at any
other office or place notified by the lviinister by notice in the Gazette;
~nd
the document shall also be kept available in electronic fmm for inspection by
members of the public on the website of the entity or the unit or on such other website
as may be prescribed.
(5) \Vhere a person, other than an employee, acts in accordance with the directions, requests, suggestions or wishes of another person, whether or not the persons are
in a business relationship and whether or not those directions, requests, suggestions or
wishes are communicated to the first-mentioned person, both persons shall be treated
as associates of each other for the purposes of this Act.
(6) Without limiting the generality of subsection (5), the following shall be
treated as a person's associate(a)
a near relative of the person, unless neither person acts in accordance
with the directions, requests, suggestions or wishes of the other;
(b)
a partner of the person, unless neither person acts in accordance \Vith the
direc1ions, requests, suggestions or wishes of the other;
(c)
a partnership in which the person is a pmtner, if the person, either alone
or together with one or more associates, controls fifty per centum or more
of the rights to the partnership's income or capital;
(d)
the trustee of a trust under which the person, or an associate of the person,
benefits or may benefit;
(e)
a company which is controlled by the person, either alone or together
with one or more associates;
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