give rise to the commission of an offence punishable by a fine of a maximum of Rs. 100,000 and
to imprisonment for a term not exceeding 5 years.
98.
As from 2018, the Government complies with sections 9 and 27 (3) (f) of the EOA and has
thus put in place an Equal Opportunity Policy in Ministries and Departments in line with the
guidelines and codes issued by the Equal Opportunities Commission.
99.
The National Code of Corporate Governance (2016) was launched in 2017 and the
Financial Reporting Act was amended putting the responsibility on licensed auditors to report on
the extent of compliance with the code in the annual report of all public interest entities.
100.
The Code, inter alia, provides the following –
i.
Principle 3: Director Appointment Procedures
There should be a formal, rigorous and transparent process for the appointment, election,
induction and re-election of directors. The search for Board candidates should be conducted,
and appointments made, on merit, against objective criteria (to include skills, knowledge,
experience, and independence and with due regard for the benefits of diversity on the Board,
including gender).
ii.
Board Diversity
All organisations should have directors from both genders as members of the Board, i.e at least
one male and one female director. All boards are encouraged to have a non-discrimination
policy that covers its senior governance positions, which includes disability, gender equality,
race, religion, beliefs and age.
MEASURES T O PROHIBIT INCITEMENT TO RACIAL DISCRIMINATION
101. To prevent the internet being used for the dissemination of discriminatory or racist
messages, the Information and Communication Technologies Act prohibits the use of an
information and communication service in the following circumstances: (a) the transmission or reception of a message which is grossly offensive, or of an
indecent, obscene or menacing character; or
(b) for the purpose of causing annoyance, inconvenience or needless anxiety to any
person; and
(c) the transmission of a message which is of a nature likely to endanger or compromise
State defence, public safety or public order.
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