ATC140317: Code of Ethical Conduct and Disclosure of Members’ Interests for Assembly and Permanent Council Members
Ethics and Members' Interest
CODE OF
ETHICAL
CONDUCT
AND DISCLOSURE OF MEMBERS INTERESTS
FOR ASSEMBLY AND PERMANENT COUNCIL MEMBERS
TABLE
OF CONTENTS
1.
DEFINITIONS
............3
2.
PURPOSE
AND SCOPE OF THE CODE
..........
5
3.
SCOPE AND
REQUIRED COMMITMENTS
..........
7
4.
STANDARDS
OF ETHICAL CONDUCT
........ 7
5.
CONFLICT
OF FINANCIAL OR BUSINESS INTERESTS
..................................................8
6.
PROHIBITED
BUSINESS ACTIVITY
.........10
7.
REMUNERATED
EMPLOYMENT OUTSIDE PARLIAMENT
........11
8.
PROPER USE
OF MEMBERS FACILITIES
...........12
9.
DISCLOSURE
OF REGISTRABLE INTERESTS
........13
10.
BREACHES
AND PROCEDURE FOR INVESTIGATION
...................23
11.
ROLES
AND FUNCTIONS
...35
1.
DEFINITIONS
Business
Partner
means a person who shares a financial interest with a Member or
that Members immediate family;
Code
means the Code of Ethical
Conduct and Disclosure of Members Interests for Assembly and Permanent Council
Members;
Committee
means the
Joint Committee on Ethics and Members Interests as established by the Joint
Rules of Parliament
;
Conflict of Interest
except for the
purpose of clause 5, means a situation in which a Member contrary to the
obligation and duty to act for the benefit of the public exploits the
relationship for personal or pecuniary benefit;
Constitution
means the
Constitution of the Republic of South Africa of 1996;
|
Immediate Family
means
a Members spouse
,
permanent
companion or dependents;
Member
means a
Member of the Assembly or Permanent Council Member;
Organ of State
has the
same meaning as defined in section 239 of the Constitution;
Parliament
means the Parliament of the Republic of South
Africa;
Permanent Companion
means a person who is publicly acknowledged by a Member as that Members
permanent companion;
Public
Interest
means
an outcome which affects any right of the public, public finances or the public
good;
Register
means the Register of Members
Interests;
Registrable interest
means
interests required to be disclosed in terms of the Code;
Registrar
m
eans the Registrar of Members Interests;
Spouse
means
a
partner in any marriage
.
2.
PURPOSE AND SCOPE OF THE CODE
2.1
The Code of Ethical Conduct and Disclosure of
Members Interest for Assembly and Permanent Council Members hereinafter
referred to as the Code is intended to provide a framework of reference for Members
of Parliament when discharging their duties and responsibilities. The Code outlines
the minimum ethical standards of behaviour that South Africans expect of public
representatives, including upholding propriety, integrity and ethical values in
their conduct.
2.2
The Code cannot anticipate or prescribe
behaviour in hypothetical cases.
While
public interest and just cause cannot be defined in the abstract, the Committee
must, over time, develop a body of interpretation and clarification in respect
of individual cases and contemporary values.
2.3
The purpose of the code is to create public
trust and confidence in public representatives and to protect the integrity of
Parliament.
Principles
2.4
A Member must adhere to the following:
2.4.1
Selflessness
:
take decisions
solely in terms of public interest and without regard to personal financial or
other material benefits for themselves, their immediate family, their business
partners, or their friends;
2.4.2
Integrity
:
steadfastly avoid placing themselves under any financial
or other obligation to any outside individual or organization where this
creates a conflict or potential conflict of interest with his or her role as a
Member;
2.4.3
Objectivity
:
in carrying out public business, including making public appointments, do so
only on the basis of merit and in accordance with Constitutional imperatives;
2.4.4
Openness:
Members should be as
open as possible about all decisions and actions, bearing in mind the
constitutional obligation for openness and transparency;
2.4.5
Honesty:
Members must declare
private interests relating to public duties and resolve any conflict arising in
a way that protects public interest; and
2.4.6
Leadership
:
promote and support ethical conduct by leadership and example.
3.
SCOPE AND REQUIRED COMMITMENTS
3.1
The Code applies
to all Members of Parliament including those Members who are Members of the
Executive, however Members of the Executive are also subject to the Handbook
for Members of the Executive and Presiding Officers.
3.2
The
Code must be read with the Powers, Privileges and Immunities of Parliaments and
Provincial Legislatures Act, Act 4 of 2004;
Prevention, Combating of Corrupt Activities Act, Act 12 of 2004; and the
Financial Management of Parliament Act 10 2009; amongst others.
4.
STANDARDS
OF ETHICAL CONDUCT
4.1
Members must:
4.1.1
abide
by the principles, rules and obligations of this Code;
4.1.2
by
virtue of the oath or affirmation of allegiance taken by all elected Members,
uphold the law;
4.1.3
act on all occasions in accordance with
the public trust placed in them;
4.1.4
discharge their obligations, in terms of
the Constitution, to Parliament and the public at large, by placing the public
interest above their own interests;
4.1.5
maintain public confidence and
trust in the integrity of Parliament and thereby engender the respect and
confidence that society needs to have in Parliament as a representative
institution; and
4.1.6
in the performance of their duties and
responsibilities, be committed to the eradication of all forms of
discrimination.
5. CONFLICT OF FINANCIAL OR BUSINESS
INTERESTS
5.1
A Member must:
5.1.1
resolve any financial or business conflict of
interest in which he or she is involved in his or her capacity as a public
representative, in favour of the public interest; and
5.1.2
always declare such interest, and where
appropriate, the Member should recuse himself or herself from any forum considering
or
deciding on the matter.
5.2
A Member must
5.2.1
not accept any reward, benefit or
gift from any person or body:
(i) that creates a direct
conflict of financial or business interest for such Member or any immediate
family of that Member or any business partner of that Member; or the immediate
family of that Member;
(ii) that is intended or is
an attempt to corruptly influence that Member in the exercise of his or her
duties or responsibilities as a public representative;
5.2.2
not use his or her influence as
a public representative in his or her dealings with an organ of State in such a
manner as to improperly advantage the direct personal or private financial or
business interests of such Member or any immediate family of that Member or any
business partner of that Member or the immediate family of that Member;
5.2.3
not engage in any personal or
private financial or business activity, which leads to his or her using
information or knowledge acquired in his or
her dealings with an organ of State as a public representative which is not
available in the public domain, in such a manner as to improperly advantage the
direct personal or private financial or business interests of such Member or
any immediate family of that Member or any business partner of that Member or
the immediate family of that Member;
5.2.4.
declare any direct personal or
private financial or business interest that that Member or any immediate family
of that Member or any business partner of that Member or the immediate family
of that Member may have in a matter to be considered or decided on before any
parliamentary committee or other parliamentary forum of which that Member is a Member
or in which that Member is participating; or
5.2.5
withdraw from the proceedings of
that committee or forum when that matter is considered or decided on, unless
that committee or forum decides that the Members interest is trivial or not
relevant; and
5.2.6
if he or she makes
representations as a Member to a Cabinet Member or any other organ of State
with regard to a matter in which that Member or the immediate family of that Member
or any business partner of that Member or the immediate family of that Member
has a direct personal or private financial or business interest, that Member
must declare that interest to that Cabinet Member or organ of State; or
5.2.7
not lobby for any remuneration or
receive any reward, benefit or gift for that Member or for the immediate family
of that Member or the business partner of that Member or immediate family of
that Member, for making such representation as a Member on behalf of any person
or body;
6.
PROHIBITED BUSINESS ACTIVITY
6.1
a Member may not receive any benefit
including but not limited to a tender, or a contract with an organ of state;
6.2
a
Members immediate family may not receive
any benefit including but not limited to a tender, or
a contract with an organ of state arising out
of the relationship with the member or any influence arising out of that
relationship;
6.3
a Members business partner may not
receive any benefit including but not limited to a tender or any contract with
an organ of state arising out of the association with the member or any
influence arising from that relationship.
7.
REMUNERATED EMPLOYMENT OUTSIDE
OF PARLIAMENT
7.1
No Member shall perform or
undertake remunerated employment or work outside of Parliament, which does not
strictly fall within the employment or work sanctioned in terms of clause 7.2
and which has been recorded in the ATC in terms of clause 7.3;
7.2
A Member may only perform or
undertake remunerated employment or work outside of Parliament when such
employment or work is sanctioned by the political party to which the Member
belongs and is compatible with that Members function as a public representative;
and
7.3
In the event of a party agreeing
to such employment of a Member outside of Parliament in terms of clause 7.2,
the party must within 30 days provide the Registrar, in writing, with all the
relevant details in this regard.
If the
Registrar is not satisfied that all the relevant information has been provided
he or she must indicate to what extent the information must be supplemented and
the party must within 30 days.
When the
Registrar is satisfied that all relevant information has been adequately
provided by the relevant party, the Registrar must within 7 days cause such
decision to be recorded in the ATC.
8.
MEMBERS FACILITIES
8.1
A Member must avoid any abuse
or improper use of Members facilities or any benefit provided to Members by
Parliament, and strictly observe and adhere to the administrative rules that
apply to such facilities or benefits.
8.2
A former Member must avoid any abuse
or improper use of Members facilities or any benefit provided to the former Member
by Parliament and strictly observe and adhere to the administrative rules that
apply to such facilities or benefits.
9.
DISCLOSURE
OF REGISTRABLE INTERESTS
9.1
The Registrar must maintain a Register
of Members Interests, which consists of public and confidential sections; and
The register must:
9.1.1
contain
the information regarding the Members registrable interests as the Committee
may determine;
and
9.1.2
be in a format approved by the
Committee.
9.2
Disclosure
of
registrable interests
9.2.1
Members
must disclose to the Registrar, on the form prescribed for this purpose by the
Committee, particulars of all their registrable interests;
9.2.2
The first disclosure must be within 60
days of the opening of Parliament or 60 days of the appointment as a Member who
was not a Member at the opening of Parliament.
If a Member has no registrable interests, a nil return must be
submitted;
9.2.3
After the first disclosure Members
must disclose annually at a time determined by the Committee; and
9.2.4
Where there is a substantial change
in the financial interest of the Member the Member must notify the Registrar of
the change within 30 days of the change in interests.
INTERESTS TO BE DISCLOSED
9.3.
The
following kinds of financial interests are registrable interests and must be
disclosed:
9.3.1
shares
and other financial interests in companies and other corporate entities;
9.3.2
remunerated
employment outside Parliament;
9.3.3
directorships
and partnerships;
9.3.4
consultancies;
9.3.5
sponsorships;
9.3.6
gifts
and hospitality in excess of R1500, from a source other than a family Member or
permanent companion or gifts of a traditional nature provided that this does
not create a conflict of interest for the Member;
9.3.7
any
other benefit of a material nature;
9.3.8
foreign
travel (other than personal visits paid by the Member, business visits
unrelated to the Members role as a public representative, and official and
formal visits paid for by an organ of State or the Members party);
9.3.9
ownership
in land and property including land and property outside the Republic;
9.3.10
pensions;
9.3.11
public
contracts awarded;
9.3.12
trusts;
9.3.13
encumbrances.
DETAILS OF REGISTRABLE INTERESTS TO BE
DISCLOSED
9.4
Shares and other financial interests in
companies and other corporate entities:
9.4.1.
the
number, nature and nominal value of shares of any type in any public or private
company;
9.4. 2
the
name of that company; and
9.4. 3
the
nature and value of any other financial
interests held in a private or public company or any other corporate
entity.
9.5
Remunerated employment
outside Parliament
9.5.1
the type of employment;
9.5.2
the
name, and type of business activity, of the employer;
and
9.5.3
the
amount of the remuneration received for such employment
9.5.4
copy
of written permission obtained from the Chief Whip of the Members political
party.
9.5.5
details of publication in the ATC
9.6 Directorships and
partnerships
9.6.1
the
name, and type of business activity;
9.6.2
the
corporate entity or partnership;
and
9.6.3
the amount of any remuneration
received for such directorship or partnership
9.7
Consultancies and
retainerships
9.7.1
the
nature of the consultancy or any retainership of any kind;
9.7.2
the
name, and type of business activity, of the client concerned;
and
9.7.3
the
amount of any remuneration or other benefits received for such consultancy or
retainership
9.8
Sponsorships
9.8.1
the
source and description of direct financial sponsorship or assistance from
non-party sources;
and
9.8.2
the
value of the sponsorship or assistance.
9.9
Gifts
and
hospitality
9.9.1.
a
description, the value and source of a gift with a value in excess of R1500;
9.9.2
a
description and the value of gifts from a single source which cumulatively
exceed the value of R1500 in any calendar year; and
9.9.3
hospitality
intended as a gift in kind.
9.10
Benefits
9.10.1
the
nature and source of any other benefit of a material nature; and
9.10.2
the
value of that benefit.
9.11
Travel
9.11.1
a
brief description of the journey;
9.11.2
particulars
of the sponsor; and
9.11.3
the
estimated value of travel, accommodation and subsistence and travel allowances.
9.12
Land and property
9.12.1
a
description and extent of the land or property;
9.12.2
area
in which it is situated;
9.12.3
nature
of interest; and
9.12.4
properties
outside the state.
9.13
Pensions
9.13.1
the
source of the pension;
and
9.13.2
the value of
the pension.
9.14
Public contract
9.14.1
the
organ of state from which the contract was obtained;
9.14.2
the
value and period of the contract;
9.14.3
the
nature of the contract; and
9.14.4
where
a pre-existing contract prevails, disclose the terms and details of the
contract.
9.15
Trusts
9.15.1
details
of the trust;
9.15.2
details
all benefits accruing from the trust; and
9.15.3
all
other direct and indirect benefits received from a trust.
9.16
Encumbrances
9.16.1
details
of long term loans; and
9.16.2
registered mortgage bonds against
any property of any Member.
The
Registrar may record the following in the confidential part;
all other information must be contained in the public section of the Register:
9.17.1
The
value of financial interests in a corporate entity other than a private or
public company;
9.17.2
The
amount of any remuneration for any employment outside Parliament;
9.17.3
The
amount of any remuneration for any directorship or partnership;
9.17.5
Details of foreign travel when the
nature of the visit requires those details to be confidential;
9.17.6
Details of
private residence;
9.17.7
The
value of any pensions;
9.17.8
Details
of all financial interests of a Members spouse, dependent child or permanent
companion to the extent that a Member is reasonably aware of;
9.17.9
Details
of any encumbrance, including registered mortgage bonds and long term loans,
existing against any asset or property of the Member; and
9.18
Interpretation
of the Code
Where any doubt exists as to whether any financial
interests must be disclosed, the Member concerned must act in good faith.
9.19
Confidentiality
9.19.1
Only
a Committee Member, the Registrar and staff assigned to the Committee, have
access to the confidential part of the Register, and only when performing their
duties or responsibilities in terms of this Code.
9.19.2
A Member who requests a
copy of his or her confidential record, must do so in writing and be signed by
the Member concerned.
9.19.3
The
Registrar must keep a strict record of every person who is given access to the
confidential part of the Register.
9.19.4
No
person who has access to the confidential part of the Register may, except when
a court so orders, disclose particulars of any entry in the confidential part
to anyone other than the Member concerned or another person who has such
access.
9.19.5
The
Registrar, parliamentary staff in the Registrars office and Committee Members
must not provide any confidential information to any person who is not
authorised to receive it.
9.19.6
A
Committee Member who contravenes clauses 9.19.4 and 9.19.5 is liable to a
reduction of up to 90 days salary and becomes ineligible to continue as a
Committee Member and must be immediately removed as a Committee Member, and is
subject to further disciplinary action.
9.19.7
The
Registrar or a staff member who contravenes clauses 9.19.3 and 9.19.4, is
subject to disciplinary action applicable to parliamentary staff, including
dismissal.
9.19.8
Despite 9.17
the Committee may on good cause instruct the Registrar to record any details of
any of a Members registrable interests in the confidential part of the
register.
9.19.9
A Member may
waive the right to confidential disclosure.
9.20
Public part of Register
9.20.1
Any
person has access to the public part of the Register on any working day during
office hours.
9.20.2
The
Registrar must publish the public part of the Register after adoption by the
Committee in a manner determined by the Committee.
10
BREACHES OF THE CODE OF CONDUCT AND THE
INVESTIGATION PROCEDURES
The Code is meant to encourage
ethical conduct and the registration of Members Interest, and the Committee
must champion and enforce compliance with the Code. The Code sets out what
constitutes a breach, how it is dealt with, what powers are available, and
where ultimate responsibility for action lies.
10.1
What
Constitutes
a Breach
10.1.1
A Member breaches the Code if the Member
10.1.1.1
contravenes
or fails to comply with the requirements of the provisions for disclosing
interests;
10.1.1.2
when
disclosing registrable interests, wilfully or
is grossly negligently, provides the Registrar
with incorrect or misleading details; or
10.1.1.3
contravenes
clauses 4.1, 5.1, 5.2. 6.1, 6.2, 6.3, 7.1, 8.1, and 9.19.4 and 9.19.5 of this
Code; and
10.1.2
A
former Member breaches this Code if the former Member contravenes clause 8.2 of
the Code.
10.2
Procedure for the investigation of complaints
10.2.1
General:
This
procedure is based on and intended to be guided by the principle of promptness,
fairness and consistency.
10.2.2
Processing Complaints
10.2.2.1
The Committee may only consider
complaints based on an alleged breach of the Code, as contemplated in clause
10.1 of the Code.
10.2.2.2
Any person or body may submit a
complaint to the Office of the Registrar concerning a breach of the Code, as
contemplated in clause 10.1 of the Code by a Member. The Complaint may be in
the form
of a sworn affidavit or an
affirmation stating the facts upon which the complaint is based.
10.2.2.3
The Committee acting on its own may
consider any breach or alleged breach of the Code.
10.2.2.4
The Registrar must within seven days
of receiving a complaint inform the Member concerned of the complaint,
including all the relevant information relating to the alleged breach available
to the Registrar or Committee, and inform Members of the consequences of the
failure to respond. The Members must be informed personally of the complaint
and should sign for the receipt of the complaint.
10.2.2.5
Where a Member refuses
to receive or accept service of a complaint such a service will then be effected
on the Chief Whip of the Members party.
10.2.2.6
The Member must respond within seven days of
being
informed of the complaint.
10.2.2.7
Should the Member fail without good
reason to respond within seven days the Committee may proceed with the investigation.
10.3
Upon
receipt of a response from a Member or where the Member has not responded the
Registrar must:
10.3.1
assess the authenticity or
validity of the complaint based on the information at his or her disposal;
10.3.2
collate such further
information as may be necessary to enable him/her to make an informed recommendation
to the Committee Members;
10.3.3
consult the Chairperson, and
conduct a preliminary investigation as may be necessary to enable him or her to
make a recommendation to the Committee. In this instance, the Member must be
immediately informed that a preliminary investigation is underway, upon
completion of the collation of further evidence and the preliminary
investigation referred to above; and
10.3.4
all documents, evidence and
information in the possession of the Registrar must, up to this stage, remain
confidential.
10.4
the Registrar must make a
recommendation to the Committee -
10.4.1
that the complaint is frivolous,
vexatious or unfounded; or
10.4.2
that a specific finding be
made on the available evidence together with a recommended sanction to be
imposed; or
10.4.3
that a further investigation
be instituted with a suggested procedure to be followed with an elaboration of
issues and facts to be investigated; and
10.4.4
indicate who will conduct
the investigation and the duration of such a proposed investigation; or
10.4.5
that a hearing should be held
without any further investigation; or
10.4.6
any other recommendation as may
be supported by available facts and circumstances of each case which may not be
provided for above; or
10.4.7
that he or she is unable to
make a recommendation on the available evidence.
10. 5
Consideration
of the report of the Registrar by the Committee-
10.5.1
The
meeting to consider the report of the Registrar will be closed to the public
and non-Committee Members; and
10.5.2
The
Registrar
will formally table his or her report.
10.6
The
Committee will then consider the Registrars report and
10.
6.1
may accept the report
with or without amendments; or
10.
6.2
may reject the report
or sections of the report and return the same with specified instructions to
the Registrar; or
10.
6.3
may finalise the matter
as proposed by the Registrar; or
10.
6.4.
may determine whether
any issues requires further investigation and instruct the Registrar to conduct
further investigation on such specific issues; and
10. 6.5
if
a further investigation is required, the Registrar must proceed on the basis of
the instruction of the Committee; and
10.
6.6
must determine the
terms and parameters of such an investigation and the duration of the
investigation must be determined to avoid long drawn investigations; and
10.
6.7
if such further investigation
required is such that it requires specific expertise the Committee will make a
determination and, when appropriate, instruct the Registrar to implement; or
10.
6.8
that a hearing be conducted
without any further investigation; or
10.
6.9
take or adopt any
course of action as may be deemed necessary in the prevailing circumstances; and
10.6.10
the
Registrar must table his or her final report to the Committee in the prescribed
manner;
10.6.11
the
Committee must consider the report and must proceed as in clause 10.6 above;
and
10.6.12
the
proceedings remain confidential until this stage.
10.7
Hearings
10.7.1
Hearings
must be
held when the facts are in dispute. The
Committee
may decide to call a hearing if the investigation of
the Registrar is inconclusive or if the Registrar is unable to
make a finding or the Committee decides that a hearing must be held.
10.7.2
A
ten
day notice of a hearing must be issued to the Member by the Registrar,
signed by the Chairperson of the Committee; and
The notice must
contain the following:
10.7.2.1
a short description of the
complaint against the Member;
10.7.2.2
date, time and venue of the
hearing;
10.7.2.3
estimated duration of the hearing;
10.7.2.4
an indication that he or she
should not bring a legal representative but that he or she may be assisted by
another Member;
10.7.2.5
a list of the names of all
witnesses to be called by the Committee and an offer to the Member to obtain a
copy of each witnesses statement;
10.7.2.6
that he or she may bring witnesses
and in that event the affected Member will be liable for all expenses incurred
by such a witness;
10.7.2.7
that an interpreter will be
availed on request provided that such request is made at least three days
before the hearing; and
10.7.2.8
a summary of the consequences of
failing to attend such a hearing, which may include a fine and the continuation
of the hearing in the absence of the Member; and
10.7.3
the Committee calls witnesses
in terms of the general powers conferred on Committees, summon any person to
appear before it to give evidence on oath or affirmation, or to produce any document;
10.7.4
A
maximum notice period of 30 days may be given to witnesses and such notice must
contain the following
-
10.7.4.1
the name against whom the hearing
will be conducted;
10.7.4.2
a summary of the complaint against
the affected Member;
10.7.4.3
attach a copy of the statement of
that witness;
10.7.4.4
any other documents or objects that
are required from that witness must be specified;
10.7.4.5
date time and venue of the hearing;
10.7.4.6
estimated duration of the hearing;
10.7.4.7
an indication of any indemnity
that may be granted or claimed; and
10.7.4.8
an indication of how attendant
expenses will be defrayed.
10.7.5
Sub-committee
10.7.5.1
the Committee will form a Sub-committee
for each hearing.
10.7.5.2
The Sub-committee shall be
:
10.7.5.2.1
constituted in terms of the
proportional representation formula applied by
Committees;
10.3.5.2.2
the
Committee will elect one of the Chairpersons to chair the Subcommittee during
the hearing;
10.7.5.2.3
all
the meetings of the Sub-committee will be closed;
10.7.5.2.4
while
the Sub-committee has the discretion regarding weight to be attached to
different forms of evidence and the extent of cross-examination of witnesses
the minimum standards of justice and fairness must be maintained;
10.7.5.2.5
the
hearing will be on an inquisitorial basis;
10.7.5.2.6
the
Registrar presents evidence on behalf of the Committee and may call witnesses;
10.7.5.2.7
In
conducting proceedings the Sub- committee may adopt any procedures it deems
necessary, reasonable, just and fair;
10.7.5.2.8
the
affected Member must always be apprised of the procedure the Subcommittee
intends to follow and
his or her rights;
10.7.5.2.9
the
affected Member may at an appropriate stage call his/her witnesses to give
evidence;
10.7.5.2.10
all
proceedings before the Sub-committee must be recorded in full;
10.7.5.2.11
at
the conclusion of the hearing the Sub- committee must make recommendations to
the Committee, all differing views and recommendations must be recorded and
presented to the Committee;
10.7.5.2.12
the
Committee must consider the recommendations of the Sub-committee and make a
finding;
10.7.5.2.13
a
copy of the recommendations of the Sub- committee must be given to the Member
concerned and the Member concerned should be informed of the date that the
Committee will consider the recommendations of the Sub-committee;
10.7.5.2.14
the
affected Member may if he or she wishes address the full committee on the
recommendations of the Sub-committee and may advance reasons why he or she has
not breached the Code as alleged, provided notice to address the meeting of the
Committee is given five days before the meeting; and
10.7.5.2.15
the
Member may not attend the meeting of the Committee when it considers the
recommendation of the Sub-committee.
10.7.6
Findings
10.7.6.1
At the conclusion of its
investigation on the alleged breach of the Code, the Committee must make a
finding supported by reasons; a Member must only be found to have breached a provision
of the Code, whether a hearing was held or not, if the Committee is satisfied
that the Member contravened such provision on the balance of probabilities.
10.7.6.2
The finding and the reasons for the
finding must be made public;
10.7.6.3
In the event of a hearing, a summary
of the facts must be disclosed; and
10.7.6.4
The findings of the Committee on any
matter may only be communicated to the public by the Chairpersons.
10.7.7
Penalties
10.7.7.1
The
Committee must recommend the imposition of one or more of the following
penalties where a Member has breached clauses 10.1.1.1 and 10.1.1.2 of this
Code
(i)
a reprimand in the
House;
(ii)
a fine not exceeding the
value of 30 days salary;
(iii)
a reduction of salary or
allowances for a period not exceeding 30 days
;
or
(iv)
the suspension of
certain privileges or a Members right to a seat in Parliamentary debates or
committees for a period not exceeding
30
days;
(v)
in event of a breach
considered minor by the committee the Member may be ordered to rectify the
breach and be counselled on the requirements of the Code.
10.7.7.2
in the event of the Committee finding that a Member
is guilty of contravening clauses 10.1.1.3 or 10.1.2 of this Code, the
Committee shall not impose any of the above sanction, but shall recommend any greater
sanction it deems appropriate to the House, and the House shall decide on the
appropriate sanction to be imposed after consideration of the recommendation of
the Committee.
10.7.8
Committee
to report to appropriate House
10.7.8.1
The Committee must report its
finding and its recommendations as to penalties, if any, to the appropriate
House.
10.7.8.2
If
the Committee recommends a penalty, the House must either-
(i)
accept or reject the recommendations; or
(ii)
refer the matter back to the Committee for
further consideration.
10.7.8.3
if the House has accepted the Committees
recommendation, the findings become final and the Speaker or the Chairperson of
the Council must act on such decision promptly.
10.7.9
Referral of misconduct not covered
by Code to
Presiding Officer of the
appropriate House
If the Committee, during the course of an
investigation, is placed in possession of information or becomes aware of a Member
who may be guilty of conduct that falls outside of this Code, but which could
amount to misconduct by a Member or conduct unbecoming of a Member of
Parliament, then the Committee must refer such matter, including all
information available on the matter, to the Speaker in respect of a Member of
the National Assembly or the Chairperson of the Council in respect of a
Permanent Member of the Council, to take the necessary action.
10.7.10
If
a Member resigns at any stage of the investigation, the investigation process
will continue in order for the Committee to make a finding.
11.
ROLES AND FUNCTIONS
11.1
Role of Committee
The
Committee is established in terms of Joint Rule 121 and performs the functions
mentioned in Joint Rule 124 in accordance with this Code.
11. 2. Registrar of
Members Interests
The
Committee must be served by a senior official, on the staff of Parliament,
appointed by the Speaker and the Chairperson of the Council, acting jointly,
after consulting the leaders of parties represented in the Assembly and the
Council. The Registrar must be assisted by staff assigned by the Secretary for
the work of the Committee.
11.3
Registrars functions
The Registrar
performs the functions of office in accordance with the directions of the
Committee.
The Registrar must:
11.3.1
open and keep a register for the purposes of
this Code, called the Register of Members Interests;
and
11.3.2
record in the Register particulars of
members registrable interests;
11.3.3
amend any entries in the Register when
necessary;
11.3.4
perform the duties in respect of
investigations of breaches of the Code as prescribed in this Code; and
11.3.5
perform the other duties of this Code as
required by the Committee.
Approved
Co
chairperson Mr BL Mashile
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