No. 4/2018 PuBLic Emnms CoRPORATE GovERNANCE Cap.10:31 "line Minister", in relation to(a) a constitutional Commission, means the Minister or Vice·· President responsible for the administration of the Act setting out the Commission's functions and additionally, or alternatively, its procedures; (b) a statutory body, means the Minister or Vice-President responsible for the administration of the Act goveming the establishment of the body; (c) a public entity other than a constitutional Commission or a statutory body(i) means the Minister or Vice-President who on behalf of the State holds the shares in or otherwise exercises control over the entity; or where a public officer other than a Minister or Vice-President holds on behalf of the State the shares in or otherwise exercises control over the entitv, meam; the lvfinister or Vice-President responsible for the administration of the enabling instrument under which the public officer exercises his or her functions; 'Minister" meat1'> the Minister or Vice-President to whom the President may, from time to time, assign the administration of this Act: "ncar relative", in relation to a member of a board of a public entity or senior staff member of a public entity, means the member's spouse, child, parent, brother or sister; "non-executive member" means a member of the board who does not hold a salatied office in the entity, whether or not he or she is an independent member; (ii) "petformance contract" means a performance contract entered into in terms of Part V with a board member of a public entity or with a senior staff member of such an entity; "public commercial entity" means a company or other commercial entity which is owned or controlled by the State or by a person on behalf of the State; "public entity" means an entity whose operations or activities are substantially controlled by the State or by a person on behalf of the State, whether through ownership of a majority of shares in the entity or otherwise, and includes-(a) a statutory body; and (b) a public commercial entity; and (c) an entity established under an agreement for a partnership or joint venture between the State and any other person, which entity declared in terms of subsection (2) to be a public entity; and (d) any subsidiary of an entity referred to in paragraph (a), (b) or (c); ''regulatory entity" means a public entity established to regulate or supervise a particular area of activity in the public interest; "Secretary" means the Secretary of the Ministry, or head of the Department or Oftlce, as the case may be, for which the Minister is responsible; "senior staff member", in relation to a public entity, means the entity's chief executive officer and such other members of its statJ as may be prescribed or as may be specified by the Unit by wtitten notice to the entity eoncemed; "statutory body" means(a) a constitutional Commission; or 78

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