The 2024 Register of Members' Interests has been released. Here is what you need to know
In terms of the Code of Ethical Conduct and Disclosure of Financial Interests (the Code), MPs must disclose their financial interests annually. The following kinds of financial interests are registrable interests and must be disclosed in the public part of the Register:
(a) shares and other financial interests in companies and other corporate entities;
(b) remunerated employment or work outside of Parliament;
(c) directorships and partnerships;
(d) consultancies and retainerships;
(e) sponsorships;
(f) gifts and hospitality;
(g) benefits and interest free loans;
(h) travel;
(i) ownership in land and property;
(j) pensions;
(k) rented property
(l) income generating assets; and
(m) trusts.
There are other aspects that must be disclosed in the confidential part of the Register.
These interests are compiled into a Register administered by the Office of the Registrar of Members’ Interests in Parliament and overseen by the Joint Committee on Ethics and Members' Interests (Joint Committee).
Find the 2024 Register of Members' Interests
See Media Statement from Parliament.
Why must MPs declare?
Parliaments worldwide require MPs to declare their interests because the nature of their jobs requires them to uphold the highest ethical standards.
Declaring such interests enhances transparency and strengthens public trust and confidence in parliamentary processes and decision-making.
The register upholds members' accountability to observe the highest standards of behaviour and conduct. Disclosing interests also helps to ensure conflicts do not arise between a member’s public duty and private interests.
What happens when an MP fails to declare their interests?
The Code proposes penalties for breaching the Code ranging from a reprimand in the House, R10 000 fine for a first offence of breaching the Code, R45 000 for a third offence, a fine not exceeding 30 days’ salary, the suspension of a member’s right to participate in parliamentary debates and committees for a period determined by the committee, and a reduction in their salary and allowances for a period not exceeding 30 days, depending on the nature of the breach.
Please check the Code for the full list of penalties
The Committee must report its findings and recommendations regarding penalties, if any, to the appropriate House. If the Committee recommends a penalty, the House must either:
- Accept or reject the recommendations; or
- Refer the matter back to the Committee for further consideration.
If the House has accepted the Committee’s recommendation, the findings become final, and the Speaker or the Chairperson of the Council must act on such a decision promptly.
Why you - as the public - must care about the Register of Interests
It is plain and simple. MPs are your elected representatives, and their role is to serve you. An MP's decision must be in the public’s best interest. If an MP deviates from this and decides to pursue personal or political gains, he or she must be held accountable, and the Register of Interests empowers you to do so.
What is the role of the Joint Committee on Ethics and Members' Interests?
The Joint Committee deals with matters relating to MPs' ethical conduct and oversees the disclosure of MP interests. This Joint Committee was established in terms of the Rules of Parliament—Joint Rule 158—and performs the functions mentioned in Joint Rule 161 in accordance with this Code.
According to Joint Rule 162, meetings of the Joint Committee on Ethics and Members’ Interests must be held in closed session when the Committee considers a matter affecting a specific Assembly or Council member and the Committee regards that matter to be confidential.
According to Joint Rule 164, each member of the Joint Committee on Ethics and Members’ Interests must swear or affirm, before either the Speaker or the Chairperson of the Council, depending on the House of which that person is a member, to comply with the requirements of confidentiality set out in the Code. In addition, the Registrar appointed in terms of the Code, and each member of the staff assigned for the work of the Committee must swear or affirm, before either the Speaker or the Chairperson of the Council, to comply with the requirements of confidentiality set out in the Code.
What is in the new Code?
The revised Code was passed at the end of the Sixth Parliament. The review of the Code was to ensure that it addresses contemporary challenges.
One such challenge is that the previous Code did not have clear guidelines on the ethical use of social media platforms by Members of Parliament. Social media create a platform for members of the public to interact with Members of Parliament. The same platforms, however, still pose a reputation risk for an institution such as Parliament. Proposals made in the new Code are, among others, for constitutional parameters on the prevention of incitement of violence or promotion of hate speech and racism.
The Code also proposes stronger penalties for breaching the Code ranging from a reprimand in the House, R10 000 fine for a first offence of breaching the Code, R45 000 for a third offence, a fine not exceeding 30 days’ salary, the suspension of a member’s right to participate in parliamentary debates and committees for a period determined by the committee, and a reduction in their salary and allowances for a period not exceeding 30 days, depending on the nature of the breach.
Furthermore, the Code proposes risk-based profile lifestyle audits for categories of members, including Presiding Officers, Chairpersons of Committees, Chief Whips of all Political Parties, any member that has been red-flagged by the e-disclosure system, and any other member or categories of members as the committee may identify from time to time.
Source: parliament.gov.za
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We host the latest posts of this blog, written by People's Assembly. You can find more on PA's blog.