36
(b) A member of the Board or his or her family member, business partner
or associate, or an organisation or enterprise in which a member of the
Board or his or her family member, business partner or associate has a
direct or indirect interest, may not—
(i) offer goods or services to the Agency or conclude any business
with the Agency; or
(ii) make improper use, in any manner whatsoever, of the position
of a Board member or of any information acquired by a Board
member by virtue of his or her position as a Board member.
(c) A member of the Board must perform his or her functions at all times
with the utmost good faith, honesty and integrity, care and diligence
and, in furtherance of his or her functions, without limiting their scope,
must—
(i) take reasonable steps to inform himself or herself about the
Agency, its business and activities and the circumstances in
which it operates;
(ii) take reasonable steps, through the processes of the Board, to
obtain sufficient information and advice about all matters to be
decided by the Board to enable him or her to make
conscientious and informed decisions;
(iii) regularly attend Board meetings;
(iv) exercise an active and independent discretion with respect to
all matters to be decided by the Board;
(v) exercise due diligence in the performance of his or her
functions as a member;
(vi) comply with any internal code of conduct that the Agency may
establish for Board members;
(vii) not engage in any activity that may undermine the integrity of
the Agency;
(viii) not make improper use of his or her position as a member or of
information acquired by virtue of his or her position as a
member; and
(ix) treat any confidential matters relating to the Agency, obtained
in his or her capacity as a Board member, as strictly
confidential and not divulge them to anyone without the
authority of the Agency or as required as part of that person’s
official functions as a member of the Board.’’.
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35
Amendment of section 82 of Act 36 of 2005
37. Section 82 of the principal Act is hereby amended by the substitution in subsection
(3) for paragraph (a) of the following paragraph:
40
‘‘(a) The Agency must from time to time, with due regard to circumstances and
attitudes prevailing in the Republic and after obtaining public participation to the
greatest degree practicable, make recommendations to enable the Minister to
determine what constitutes—
(i) universal access [by all areas and communities in the Republic to 45
electronic communications services and electronic communications network services]; and
(ii) [the universal provision for all persons in the Republic of electronic
communications services and access to electronic communications networks, including any elements or attributes thereof] universal service.’’. 50