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Declaration Of No Conflict Of Interest for South Africa

Declaration Of No Conflict Of Interest Template for South Africa

A Declaration of No Conflict of Interest is a formal document used in South Africa to comply with various legislative requirements, including the Prevention and Combating of Corrupt Activities Act and the Companies Act. The document serves as a legal attestation where an individual declares they have no personal, financial, or other interests that could potentially interfere with their professional duties or decision-making responsibilities. It includes detailed declarations about the absence of conflicting interests, relationships with related parties, and commitments to ongoing disclosure of any future potential conflicts.

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Declaration Of No Conflict Of Interest

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What is a Declaration Of No Conflict Of Interest?

The Declaration of No Conflict of Interest is a fundamental governance document required in South African business and public sector operations, aligned with the Prevention and Combating of Corrupt Activities Act and corporate governance principles outlined in the King IV Report. This declaration is typically required upon appointment to a position of responsibility, during procurement processes, or when undertaking significant business decisions. It serves as a preventive measure against corruption and ensures transparency in decision-making processes. The document requires individuals to disclose any potential conflicts and affirm their commitment to ethical business practices, with ongoing obligations to report any changes in circumstances that might create conflicts of interest.

What sections should be included in a Declaration Of No Conflict Of Interest?

1. Declarant Details: Full identification of the person making the declaration, including full name, ID number, position/role, and organization

2. Purpose of Declaration: Clear statement of why this declaration is being made and its intended use within the organization

3. Definitions: Clear definitions of key terms, particularly what constitutes a 'conflict of interest' in this context

4. Understanding of Obligations: Statement confirming the declarant's understanding of their obligations regarding conflicts of interest

5. Declaration Statement: Formal declaration of no existing or potential conflicts of interest

6. Ongoing Obligation: Acknowledgment of the duty to disclose any future conflicts that may arise

7. Certification: Formal statement certifying that all information provided is true and correct

What sections are optional to include in a Declaration Of No Conflict Of Interest?

1. Specific Exclusions: Section listing any specific relationships or situations that might appear to be conflicts but have been previously disclosed and approved

2. Related Party Declarations: Section for declaring interests of immediate family members or related parties, used when the organization requires extended disclosure

3. Confidentiality Statement: Additional clause regarding the confidentiality of information accessed in the role, used when the position involves access to sensitive information

4. Compliance with Specific Policies: Reference to and acknowledgment of specific organizational policies, used when the organization has detailed conflict of interest policies

What schedules should be included in a Declaration Of No Conflict Of Interest?

1. Schedule A: List of Relevant Organizations: List of organizations, competitors, or entities where involvement would constitute a conflict of interest

2. Schedule B: Declaration Form: Structured form for recording any potential conflicts that may arise in the future

3. Appendix 1: Organization's Conflict of Interest Policy: Copy of or reference to the organization's full conflict of interest policy

4. Appendix 2: Definitions of Related Parties: Detailed definitions and examples of what constitutes related parties under the organization's policy

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use
Relevant legal definitions






























Clauses




















Relevant Industries

Financial Services

Public Sector

Healthcare

Education

Mining and Resources

Technology

Professional Services

Manufacturing

Retail

Construction

Non-Profit Organizations

Telecommunications

Energy

Legal Services

Government Contractors

Relevant Teams

Legal

Compliance

Finance

Procurement

Executive Leadership

Human Resources

Risk Management

Internal Audit

Operations

Research and Development

Project Management Office

Investment

Corporate Governance

Business Development

Supply Chain

Relevant Roles

Board Member

Director

Chief Executive Officer

Chief Financial Officer

Senior Manager

Procurement Officer

Project Manager

Investment Manager

Financial Controller

Compliance Officer

Department Head

Research Director

Tender Committee Member

Public Official

Executive Committee Member

External Auditor

Consultant

Technical Advisor

Contract Manager

Human Resources Director

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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