Cap. 10:31
PUBuc ENTITlE~ CoRPORATE GovEru..;ANCE
No. 4/2018
(ii) to exercise a reasonable degree of care and diligence; and
(iii) to keep the responsible Minister fully and timeously informed
of all matters affecting the State's interests in the course of the
deliberations of the board of the entity concerned, and in relation
to the business or operations of the entity.
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Implementing manuals
(1) The Unit shall develop, update and make available to public entities one or
more manuals in consultation with line Minis hies to guide the implementation of this
Act, including (but not limited to) the setting of performance nk'lnagement standards
by the boards and staffs of public entities, the fonnulation by boards of strategic plans,
board effectiveness, risk management, standard performance contracts for boards,
standard fomlS and procedures, and the like.
(2) Manuals may be specific to named sectors of the economy or the public
domain in which public entities operate.
(3) The Minister shall approve every manual for publication, whether as a
statutory instrument or otherwise.
40
Special investigations
(1) If a line :tviinister considers it necessary or desirable to do so, the line
Minister may by notice in the Gazette direct that a special investigation be conducted
into such matters conceming the operations, dealings, affairs, membership, assets or
liabilities of a public entity for which he or she is the responsible Minister, as may be
specified in the notice.
(2) A special investigation may take the form, or be~ inclusive of, a special or
forensic audit of the public entity in question.
(3) The line :tvfinister may appoint one or more persons as special investigators.
on such terms and conditions as the !Vfinister may specify in the instrument of
appointment, to conduct an investigation in terms of this section.
(4) As soon as possible after appointing a special investigator, the line Minister
shall notify the appointment in the Gazette.
(5) The powers of a special investigator, and the procedure to be followed in
a special investigation, shall be as prescribed in section 41.
(6) The line Minister shall give prior written notification of his or her intention
to exercise any of his or her powers under this section to the head of the line Ministry,
who shall thereUJXm promptly infonn the head of the Unit of the imminent investigation.
(7) A special investigation under this section may be conducted in parallel with
or jointly with any other investigation into the affairs of the public entity concemed,
whether under the Public Finance Management Act or other enactment:
Provided that(a) where the enabling instrument of a public entity makes provision for the
special investigation of its affairs, this section shall prevail in a case where
there is a possibility of concurrent investigations taking place; and
(b)
the President, on the recommendation of the Minister responsible for this
Act, may give directions to the line Minister on the consolidation, coordination or co-operation of the work of investigators where concunent
investigations are undertaken into the entity concemed.
(8) On completion of an investigation the special investigators shall report to
the line 1v1inister on what action, if any, is required to be taken to remedy any problell1S
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