No. 4/2018
Punuc Emnms CoRPORATE GovERNANCE
Cap.l0:31
(3) Where the board of a public entity is required by its enabling instrument
to submit an annual repot1 to Parliament, the board shall submit the report to its line
Minister within three months after the end of the entity's llnancial year.
(4) Where a public entity is not required by its enabling instrument to submit
an annual repmt to Parliament, its board shall, within three months after the end of the
entity's financial year, submit a repot1 to the entity's line Minister outlining the entity's
activities duting that financial year.
(5) Together with the reports refen·ed to in subsections (3) and (4), the board
of every public entity shall submit to its line Minister(a)
a copy of the entity's current strategic plan; and
(b)
copies of current perfonnance contracts with the entity's senior staff
members; and
(c)
the results of the latest reviews of the strategic plan and the petformance
contracts conducted in terms of subsection (2); and
(d)
such other documents and information as may be prescribed.
(6) A line Minister shall cause every report submitted to him or her in tetms of
subsection (3) to be laid before the Senate and the National Assembly ·without delay and
in any event within the next ten days on which the Houses sit after he or she received
it.
(7) As soon as practicable after laying before the National Assembly the annual
report in terms of subsection (5), the head of the line Ministry concemed shall make
it available in electronic fonn for inspection by members of the public on the website
of the Ministry and of the Unit.
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Performance contracts with board members of public entities
( 1) \Vithin two months after a person is appointed to the board of a public entity,
the line Minister shall enter into a written performance contract with the member, in
accordance with this section and any recommendations made by the Unit:
Provided that board members representing minority interests shall not be
required to enter into performance contracts in terms of this section.
(2) A perfom1ance contract may contain provisions relating to any matter
affecting the efficient performance of the member's duties in relation to the public
entity coucemed.
(3) Without limiting subsection (2), the following conditions shall apply to
every member of the board of a public entity as if they were contained in the member's
performance contract(a)
in the performance of the flmctions of his or her office, the member shall
at all times(i) act honestly; and
(ii) exercise a reasonable degree of care and diligence;
(b)
the member, while holding office and thereafter, shall not make improper
use of infonnation acquired by virtue of his or her position as a member
to gain, directly or indirectly, an advantage for himself or herself or for
any other person or to cause detriment to the public entity;
(c)
the member shall not make use of his or her position as a member to gain,
directly or indirectly, au advantage for himself or herself or for any other
person or cause detriment to the public entity.
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