Government Gazette 29 December 2004
12
Act No. 27, 2004
No.3361
NATIONAL HERITAGE ACT, 2004
Remuneration
13. (1) A member of the Councilor a committee, other than a staff member
of the Public Service, is entitled to receive the fees and travelling and other allowances
determined by the Minister, with the concurrence of the Minister of Finance.
(2) Fees and allowances determined under subsection (1) may differ according
to the offices held or functions performed by different members.
Disclosure of interest
14. (1) A member of the Councilor of a committee who has a direct or indirect
financial or personal interest
(a)
in a contract or proposed contract with the Council; or
(b)
in a matter being considered or proposed to be considered by the Councilor
a committee of which he or she is a member,
must, as soon as is practicable after the relevant facts have come to his or her knowledge,
disclose the nature of his or her interest at a meeting of the Councilor the committee, as
the case may be.
(2) Subsection (1) does not apply to an interest which is held as a member of a
public company common with other members of that company.
(3)
A disclosure made in terms of subsection (I) must be recorded in the minutes
of the meeting at which it is made.
(4)
A person who makes a disclosure in terms of subsection (1) must not
(a)
take any further part in any consideration or discussion of the contract,
proposed contract or other matter;
(b)
take part in any vote on the contract, proposed contract or other matter; or
(c)
be counted for the purposes of a quorum.
(5) A person who makes a full and accurate disclosure under subsection (I) and
who complies with subsection (4)(a) and (b) is not in breach of any duty owed by him or
her to the Council by reason of his or her interest in the contract, proposed contract or
other matter about which the disclosure was made.
(6) A person who fails to comply with subsection (1) commits an offence and is
liable to a fine not exceeding N$4 000 or to imprisonment for a period not exceeding I
year, or to both that fine and that imprisonment.
Immunity from liability
15.
The Minister, the Council, a member of the Councilor a member of a
committeeis not liable for anythingdone or omittedto be done in good faith
(a)
in the carrying out a function or power under this Act or any other law; or
(b)
in reasonable belief that the act or omission was in the carrying out of a
function or power under this Act or any other law.