Declaration Of Interest for South Africa

Declaration Of Interest Template for South Africa

A Declaration of Interest is a formal document used in South Africa to comply with various legislative requirements, including the Companies Act 71 of 2008 and corporate governance principles outlined in King IV. The document serves as a transparent disclosure mechanism where individuals declare their financial, professional, and personal interests that could potentially conflict with their duties or influence their decision-making within an organization. It includes detailed information about direct and indirect interests, related party relationships, and other relevant disclosures required by South African law and best practices in corporate governance.

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What is a Declaration Of Interest?

The Declaration of Interest is a fundamental governance document required across various sectors in South Africa, aligned with the Companies Act 71 of 2008, the Prevention and Combating of Corrupt Activities Act, and the King IV Report on Corporate Governance. This declaration is typically used when individuals take up new positions, annually thereafter, or when their circumstances change. It requires comprehensive disclosure of personal, professional, and financial interests that could create actual or perceived conflicts with organizational duties. The document forms part of South Africa's robust corporate governance framework, helping organizations maintain transparency, prevent corruption, and manage potential conflicts of interest effectively. The declaration includes various categories of interests, from direct financial holdings to indirect benefits and related party relationships.

What sections should be included in a Declaration Of Interest?

1. Declarant Information: Personal and professional details of the person making the declaration, including full name, ID number, position, and organization

2. Declaration Statement: Formal statement acknowledging the obligation to declare interests and confirming the truth and completeness of the disclosure

3. Direct Financial Interests: Details of shareholdings, partnerships, directorships, and other direct financial interests in any business or organization

4. Indirect Financial Interests: Financial interests held by immediate family members or through nominees that could influence or be perceived to influence the declarant

5. Non-Financial Interests: Positions held in other organizations, professional memberships, voluntary positions that could create conflicts

6. Related Party Interests: Interests of connected persons (family members, business partners) that could create actual or perceived conflicts

7. Gifts and Hospitality: Declaration of significant gifts, hospitality, or other benefits received in the past year that could create obligations or influence

8. Certification: Signed statement confirming the truthfulness of the declaration and understanding of ongoing obligation to update

What sections are optional to include in a Declaration Of Interest?

1. Public Sector Specific Disclosures: Additional disclosures required for public sector employees as per Public Service Act and PFMA

2. Procurement Involvement: Specific section for those involved in procurement processes, declaring any interests in potential suppliers or contractors

3. Research Interests: For academic or research institutions, declaring research funding, grants, and intellectual property interests

4. Political Interests: Declaration of political affiliations or activities that could influence decision-making

5. Professional Services: For professional service providers, declaring client relationships that could create conflicts

6. External Remuneration: Declaration of additional employment, consulting, or speaking engagements

What schedules should be included in a Declaration Of Interest?

1. Schedule A - Detailed Financial Holdings: Comprehensive list of all shareholdings, investments, and financial interests with values and percentages

2. Schedule B - Related Party Information: Detailed information about related parties including nature of relationship and their interests

3. Schedule C - Gift Register: Detailed register of gifts, hospitality, and benefits received including dates, values, and providers

4. Appendix 1 - Guidelines for Completion: Detailed instructions and examples for completing each section of the declaration

5. Appendix 2 - Definitions: Definitions of key terms used in the declaration including 'interest', 'related party', and 'conflict of interest'

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

Professional Services

Non-Profit Organizations

Technology

Manufacturing

Construction

Retail

Transportation and Logistics

Relevant Teams

Board of Directors

Executive Committee

Procurement

Finance

Human Resources

Compliance

Risk Management

Investment

Operations

Project Management

Research and Development

Legal

Audit

Corporate Governance

Business Development

Relevant Roles

Board Director

Executive Director

Chief Executive Officer

Chief Financial Officer

Senior Manager

Procurement Officer

Project Manager

Department Head

Financial Advisor

Public Officer

Company Secretary

Compliance Officer

Research Director

Investment Manager

Government Official

Trustee

Committee Member

Contract Manager

Senior Consultant

Technical Advisor

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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