Section 1019 of The Companies Act No. 17 of 2015: Valuer to satisfy independence requirement

(1) A person satisfies the independence requirement for the purposes of section
1017 only if—
(a) the person is not—
(i) an officer or employee of the company; or
(ii) a partner or employee of such a person, or a partnership of which such a person is a partner; (b) the person is not—
(i) an officer or employee of an associated undertaking of the company; or
(ii) a partner or employee of such a person, or a partnership of which such a person is a partner; and (c) there does not exist between—
(i) the person or an associate of the person; and
(ii) the company or an associated undertaking of the company, a connection of any such description as may be specified by regulations made
for the purposes of this section.
(2) An auditor of the company is not regarded as an officer or employee of the company for this purpose.
(3) In this section—
“associated undertaking” means—
(a) a parent undertaking or subsidiary undertaking of the company; or (b) a subsidiary undertaking of a parent undertaking of the company; and “associate” has the meaning given by section 1020.

Disclaimer: This document is not to be taken as legal advise.

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