Development Bank of Southern Africa Act, 1997 (Act No. 13 of 1997)

Regulations

Regulations made under Section 17

Disqualification of directors

104. Conflict of interest and declaration by directors

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(1) A director shall, on appointment, submit to the Bank a written declaration whether that director’s family has any financial or other direct or indirect interest that—
(a) may constitute a conflict of interest in respect of his or her functions as a director of the Board; or
(b) could reasonably be expected to compromise the Board in the performance of its functions.

 

(2) If a director acquires an interest contemplated in sub-regulation (1), he or she shall immediately in writing declare that fact to the Board.

 

(3) A director may not be present at, or take part in, the discussion of, or the taking of a decision on, any matter before the Board in which that director has an interest contemplated in sub-regulation (1).

 

(4)A director may not use his or her position or confidential information obtained as a director, for personal gain or to improperly benefit another person.

 

(5) The Bank shall keep a register of the interests of directors declared in terms of sub-regulations (1) and (2) and shall update that register within five working days after receipt of a declaration.

 

(6) For purposes of subregulation (1), “family” means an individual related to another individual if they—
(a) are married, or live together in a relationship similar to a marriage; or
(b) are separated by no more than two degrees of natural or adopted consanguinity or affinity.

 

[Regulation 104 substituted by section 2 of Notice No. 6908, GG53783, dated 5 December 2025]