Cap. 10:31
Punuc E"'TITIE~ CoRPORATE GovERNANCE
No. 4/2018
public, free of charge, at all reasonable times during the ivfinister 's
business hours; and
(ii) available in electronic form for inspection by members of the public
on the website of the ~vlinistry and the Unit.
(6) When fixing the remuneration of a non-executive member, a line Minister or
public entity shall observe any standards of remuneration applicable to non-executive
members of public entities fommlated in terms of this section and may depart from
them only with the President's written approval, given after the President has afforded
the Minister and the Minister res1xmsiblc for finance a reasonable opportunity to make
any representations on the proposed departure.
(7) The head of the line Ministry shall without delay if approval is given to his
or her line Minister by the President in accordance with subsection (6) to depart from
applicable standards of remuneration for non-executive members of public entities
formulated in terms of this section-
(a)
(b)
inform the head of the Unit of that fact and of the particulars of the
departure; and
publish notice of the departure, and the particulars of it in the Gazelle
and on the website of the Ministry, within thirty days of the depmture
being approved.
(8) Any contract or arrangement under which a non-executive member
receives remuneration or a benefit in excess of an applicable standard fixed in terms of
subsection (1) shall be void unless the President has approved it in terms of subsection
(6), and if the member has received any remuneration or benefit under such a contract
or arrangement he or she shall reimburse the entity or return any benefit. as the <:ase
may be, to the extent that it exceeds the applicable standard.
(9) Unless prompt voluntary reimbursement is made of any remuneration or
benefit resulting from a contravention of subsection (6), the non-executive member of
the public entity concemed shall be subjected to a surcharge levied in accordance with
the Third Schedule for the reimbursable amount.
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Conditions of service of executive members of public entities
(1) For the purpose of ensuring that, so far as is practicable, conditions of
service fixed for executive members of public entities are-
(a)
fair and approptiate, due regard being had to the members' qualifications
and experience and the functions they are expected to perform; and
(b)
reasonably consistent as between different public entities;
the Minister may fonnulate model service conditions applicable to executive members
of all public entities or any particular class of such entities:
(2) In formulating model service conditions in tenns of subsection ( 1), the
Minister shall consult the Minister responsible for finance and the line Ministers
concemed and shall pay due regard to-
(a)
(b)
(c)
the capacity of the public entities concemed to comply with the conditions;
and
conditions applicable to members of boards of well-managed companies
and other entities of similar size that perform similar functions in the
private sector; and
the need to ensure that the public entities concerned carry out their
operations economically without sacrificing their efficiency and
effectiveness.
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