Conflict of Interest Policy

South African Precision Rifle Federation (NPC)

v1.2 — 26 October 2022

Foreword#

The decision-making process in sports can be difficult and can lead to disputes. Conflicts of interest are frequent in the world of sport because the decision makers are often parents, coaches, sponsors, friends or even the athletes themselves. One must recognise that conflicts of interest are often not usually the result of bad faith on the part of the person involved but are created by the specific circumstances of each case. Volunteers with the best intentions often wear several hats, and this reality enhances the risk for them to be in a situation of conflict of interest.

A conflict of interest can be real, perceived or potential:

A. Real conflict of interest

A situation where a person has a significant interest that will influence their judgement and decision making.

Example: A father sitting on an appeal committee that is reviewing a decision concerning his child.

B. Potential conflict of interest

A situation where a conflict of interest is predictable but not yet real. It will depend on a future event that may occur.

Example: A coach is a member of a selection committee for a team for which his/her athlete may try out. At the onset, there is no conflict, but one will arise if the athlete tries out for the team.

C. Perceived conflict of interest

A situation where a reasonable third person, once aware of the facts, could be concerned about the existence of a conflict of interest.

Example: The contract to supply the club's uniform was awarded to the daughter of the chairperson of the board. There is a perception from a member that favouritism occurred. This perception will be mitigated quickly when the member will learn that the board considered bids from several potential suppliers, in the absence of the chairperson who had voluntarily removed herself from the decision-making process after declaring the conflict and awarded the contract to the lowest bidder.

Identifying Potential Conflicts#

Many disputes can arise simply because the person affected by the decision perceives an injustice resulting from the appearance of a conflict of interest. The best way to avoid that is to know how to recognize and disclose conflicts of interests when they occur.

Some situations are more serious than others and therefore not all conflicts of interest require the same vigilance.

1. Definitions#

1.1.The following terms have these meanings in this Policy:

1.1.1."Conflict of Interest" – Any situation in which a Representative's decision-making, which should always be in the best interests of SAPRF, is influenced or could be influenced by personal, family, financial, business, sponsor, or other private interests.

1.1.2."Representatives" – Individuals appointed by, or engaged in activities on behalf of, SAPRF including: staff members, contract personnel, volunteers, managers, administrators, committee members, selectors, ordinary members, and Directors and Officers of SAPRF.

2. Background#

2.1.Individuals who act on behalf of an organisation have a duty first to the organisation and second to any personal stake they have in the operations of the organisation. In not-for-profit organisations, Directors are required, by law, to act as a trustee (in good faith, or in trust).

2.2.Directors, and other stakeholders, must therefore not put themselves in positions were making a decision on behalf of the organisation is connected to their own personal interests. That would be a conflict-of-interest situation.

3. Purpose and Application#

3.1.SAPRF strives to reduce and eliminate all instances of conflict of interest at SAPRF – by being aware, prudent, and forthcoming about the potential conflicts of interest. This Policy describes how Representatives will conduct themselves in matters relating to conflict of interest and clarifies how Representatives shall make decisions in situations where conflict of interest may exist.

3.2.This Policy applies to all Representatives.

4. Obligations#

4.1.Any real or perceived conflict of interest, whether;

4.1.1.an interest that an individual may have in a matter because of the reasonable likelihood or expectation of financial gain or loss for that individual, or another person with whom that individual is associated, or

4.1.2.an interest that an individual may have in a matter which may involve family relationships, friendships, volunteer positions or other interests that do not involve the potential for financial gain or loss,

4.1.3.between a Representative's personal and/or business interests and the interests of SAPRF, the conflict shall always be resolved in favour of SAPRF.

4.2.Representatives will NOT:

4.2.1.Engage in any business or transaction, or have a financial or other personal interest, that is incompatible with their official duties with SAPRF, unless such business, transaction, or other interest is properly disclosed to SAPRF and approved by SAPRF.

4.2.2.Knowingly place themselves in a position where they are under obligation to any person who might benefit from special consideration or who might seek preferential treatment.

4.2.3.In the performance of their official duties, give preferential treatment to family members, friends, colleagues, or organisations in which their family members, friends, or colleagues have an interest, financial or otherwise.

4.2.4.Derive personal benefit from information that they have acquired during the course of fulfilling their duties with SAPRF, if such information is confidential or not generally available to the public.

4.2.5.Engage in any outside work, activity, or business or professional undertaking that conflicts or appears to conflict with their official duties as a representative of SAPRF, or in which they have an advantage or appear to have an advantage on the basis of their association with SAPRF.

4.2.6.Without the permission of SAPRF, use SAPRF's property, equipment, supplies, or services for activities not associated with the performance of their official duties with SAPRF.

4.2.7.Place themselves in positions where they could, by virtue of being a SAPRF Representative, influence decisions from which they could derive any direct or indirect benefit.

4.2.8.Accept any gift or favour that could be construed as being given in anticipation of, or in recognition for, any special consideration granted by virtue of being a SAPRF Representative.

5. Disclosure of Conflict of Interest#

5.1.Representatives must disclose real or perceived conflicts of interest to the applicable SAPRF committee/council immediately upon becoming aware that a conflict of interest may exist.

6. Minimizing Conflicts of Interest in Decision-Making#

6.1.Decisions or transactions that involve a conflict of interest that has been proactively disclosed by a SAPRF Representative will be considered and decided with the following additional provisions:

6.1.1.The Representative may continue to participate in discussion on the matter and vote on the decision.

6.1.2.The Representative participates in discussion on the matter but abstains from voting on the decision.

6.1.3.The Representative refrains from participation in discussion or voting on the matter.

6.1.4.In all cases, the disclosure is noted.

6.2.For potential conflicts of interest involving appointees, SAPRF's ExCo / ManCo will determine whether there is there a conflict and, if one exists, the appointee will resolve the conflict by ceasing the activity giving rise to the conflict.

6.3.SAPRF will not restrict appointees from accepting other contracts or volunteer appointments provided these activities do not diminish their ability to perform the work agreed to preform with SAPRF or give rise to a conflict of interest.

7. Conflict of Interest Complaints#

7.1.Any person who believes that a Representative may be in a conflict-of-interest situation should report the matter, in writing (or verbally if during a meeting of any committee), to SAPRF's ExCo / ManCo who will decide appropriate measures to remove the conflict of interest. The ExCo / ManCo may apply the following actions singly or in combination for real or perceived conflicts of interest:

7.1.1.Removal or temporary suspension of certain responsibilities or decision-making authority.

7.1.2.Removal or temporary suspension from a designated position.

7.1.3.Removal or temporary suspension from certain events and/or activities.

7.1.4.Other actions as may be considered appropriate for the real or perceived conflict of interest.

7.2.Any person who believes that a Representative has made a decision that was influenced by real or perceived conflict of interest may submit a complaint, in writing, to SAPRF, to be addressed under SAPRF's Discipline and Appeal Policy.

7.3.Failure to comply with an action as determined by the Exco / ManCo will result in automatic suspension from SAPRF until the matter is resolved.

7.4.The ExCo / ManCo may determine that an alleged real or perceived conflict of interest is of such seriousness as to warrant suspension of designated activities pending a meeting and a decision of the ExCo / ManCo.

8. Enforcement#

8.1.Failure to adhere to this Policy may permit discipline in accordance with SAPRF's Discipline and Appeal Policy.

9. Review and Amendments#

9.1.Review and amendments shall take place bi-annually, in consultation with staff, the ExCo and subject-matter experts.

Appendix A — Conflict of Interest Declaration Form#

I have read SAPRF's Conflict of Interest Policy, I agree to be bound by the obligations contained therein, and I commit to avoid any real or perceived conflict of interest. I also commit to disclosing the existence of any real or perceived conflict of interest to the Board, as soon as it is known to me.

I declare the following interests which may represent a potential conflict of interest: