1. This circular and the attached Regulations on the Declaration of Personal Interests of Members of Governing Bodies in the Procurement of Goods and Services for Public Schools, were promulgated by the Provincial Minister, on 18 November 2013, in terms of section 63(1)(cD), read with section 24 of the Western Cape Provincial School Education Act, 1997 (Act 12 of 1997).

2. The regulations require a governing body member to declare a direct or indirect personal interest that he or she or any of his or her family members have in the procurement of goods and services for schools, and further provide for

  1. the definitions of 'personal interest', 'family member', 'entity' and an 'entity conducting business with the school';

  2. a declaration form, attached as Annexure A, which must be completed by a member of a governing body, and committee members of a governing body and submitted to the chairperson of a governing body—
    1. within three months of the date of publication of the regulations;
    2. within 30 days in case of a governing body member who is appointed after the publication of the regulations; and
    3. after the first declaration, before 30 April of each year, and immediately when a member becomes aware of a direct or indirect personal interest.

  3. an obligation on the chairperson of the governing body to compile and file for safekeeping a register of all interests declared by governing body members;

  4. the recusal by a governing body member from a meeting of the governing body for the duration of the discussion and decision-making on an issue in which the member has a personal interest; and

  5. in the case of non-compliance and breach of the code, for due process.
3. School principals and district directors are kindly requested to bring the content of this circular to the attention of staff and members of governing bodies.


SIGNED: PA VINJEVOLD
HEAD: EDUCATION
DATE: 2013:12:05

Western Cape Provincial School Education Act, 1997 (Act 12 of 1997)  (size: 61 KB)
Annexure A: Provincial Gazette on Declaration of Personal Interest Regulations  (size: 114 KB)