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ATC160316: Report of Joint Committee on Ethics and Members Interests 16 March 2016

Ethics and Members' Interest

REPORT OF JOINT COMMITTEE ON ETHICS AND MEMBERS INTERESTS 16 MARCH 2016

 

The Joint Committee on Ethics and Members Interests at its meeting of the 16 February agreed to the following

 

HON N PAULSEN

 

  1. Background

 

  1. On 7 October 2015 the Office of the Registrar received a complaint against Hon. N Paulsen.

 

  1. Correspondence was sent to Hon. Paulsen advising him of the complaint and requesting his response to the allegations.

 

  1. The Registrar thereafter received a second complaint from a different complainant alleging abuse. Hon Paulsen was informed of the complaint and provided an opportunity to respond.

 

  1. Consideration of the Complaint

 

  1. In his response Hon. Paulsen indicated that the allegations refer to incidents which occurred prior to his appointment as a Member of Parliament. Hon Paulsen was appointed as a Member of Parliament on 20 May 2015.

 

  1. The Registrar contacted both complainants to verify that the alleged incidents occurred prior to Mr Paulsen’s appointment as Member of Parliament.

 

  1. The complainants confirmed that the incidents occurred prior to Hon. Paulsen’s appointment as an MP.

 

  1. Recommendation 

 

The alleged incidents took place before the Members appointment as a Member and therefore cannot be considered by the Committee. The Committee recommends that the allegations be dismissed.

 

 

NON DISCLOSURE OF INTERESTS MEMBERS: HON P MASHATILE, MINISTER A MOTSHEKGA, MINISTER B DLAMINI, HON P MABE, MINISTER M NKOANA MASHABANE AND MINISTER E MOLEWA

 

The Office of the Registrar received on 4 November 2015, a complaint which alleges that Members Hon P Mashatile, Minister Motshekga, Minister B Dlamini, Hon P Mabe, Minister Nkoana Mashabane and Minister Molewa failed to declare sponsorships for party elective conferences in which they participated.

 

HON P MASHATILE

 

Correspondence was sent to Hon. Mashatile informing him of the allegation and he was advised to respond in terms of the procedure outlined in the Code of Ethical Conduct and Disclosure of Members Interests for Assembly and Council Members.

 

Hon Mashatile responded that he had not received any sponsorship.

 

 

MINISTER A MOTSHEKGA

 

Correspondence was sent to Minister Motshekga informing her of the allegation and she was advised to respond in terms of the procedure outlined in the Code of Ethical Conduct and Disclosure of Members Interests for Assembly and Council Members.

 

Hon Motshekga responded that she has not received any sponsorships.

 

MINISTER B DLAMINI

 

Correspondence was sent to Minister Dlamini informing her of the allegation and she was advised to respond in terms of the procedure outlined in the Code of Ethical Conduct and Disclosure of Members Interests for Assembly and Council Members.

 Minister Dlamini responded that she had not received any sponsorship for the Elective Conference of the ANC Women’s League.

 

HON P MABE

 

Correspondence was sent to Hon Mabe informing him of the allegation and he was advised to respond in terms of the procedure outlined in the Code of Ethical Conduct and Disclosure of Members Interests for Assembly and Council Members.

 

Hon Mabe responded that the allegations are baseless and without merit.

 

MINISTER M NKOANA MASHABANE

 

Correspondence was sent to Minister Nkoana Mashabane informing her of the allegation and she was advised to respond in terms of the procedure outlined in the Code of Ethical Conduct and Disclosure of Members Interests for Assembly and Council Members.

 

Hon Nkoane Mashabane Office responded that she received no sponsorship.

 

MINISTER E MOLEWA

 

Correspondence was sent to Minister Molewa informing her of the allegation and she was advised to respond in terms of the procedure outlined in the Code of Ethical Conduct and Disclosure of Members Interests for Assembly and Council Members.

 

Minister Molewa responded that her political party does not manage individual party political elective conferences and she had therefore never had to receive any sponsorship in any individual capacity.

 

Consideration of the complaints

 

In considering the complaint, the Registrar sent the allegations to the Members as required in terms 10.2.2.4 of the procedure outlined in the Code. All the Members denied the allegations and some requested further information.  As the complaint was of a general nature with no substantiating information, the Registrar’s investigation yielded no further information or evidence.

Correspondence was sent to the complainant requesting further information to assist the Registrar in the investigation. The complainant responded with a copy of a press statement which was general and does not make specific allegations against any of the individual Members named in the complaint.

 

Recommendation

 

The Committee finds that the allegations cannot be pursued as there appears to be no evidence to support the allegations.  On the basis of section 10.3.1 of the Code, the Committee recommends that the allegations be dismissed.

 

 

MINISTER T JOEMAT PETTERSON 

 

  1. Background

 

  1. The Office of the Registrar received a complaint, dated 1 January 2016, which relates to findings made against Minister Joemat Petterson in Report 21 of 2013/2014 of Public Protector. The complaint related to correspondence sent to the Minister of Justice regarding the investigation by the Public Protector on above matter.

 

  1. Consideration of Complaint.

 

  1. The findings of the Public Protector were referred to the President in 2013/2014 before the   implementation of the new Code of Ethical Conduct and Disclosures of Members’ Interests which was adopted in November 2014. The allegations were also not in the scope of the Code of Conduct with regard to Financial Interests which was applicable at the time.

 

  1. Recommendation

 

The matter is therefore outside the scope of the Committee and therefore that the complaint be dismissed.

 

 

 

 

 

HON B. MKONGI

 

  1. Background

 

  1. The Office of the Registrar received on 18 January 2016 a complaint against Hon B Mkongi. The complaint refers to remarks attributed to Hon Mkongi on social media, it was alleged that the remarks are racist and incite violence.
  2. Copies of the twitter posts were submitted as part of the complaint.

 

  1. Consideration of the Code

 

  1. The Code requires that Members must

In terms of section 4.1.2, 4.1.3, 4.1.4, 4.1.5, and 4.1.6

  1.  by virtue of the oath or affirmation of allegiance, uphold the law.
  2. Members must act on all occasions in accordance with the public trust placed in them.
  3. discharge their obligations in terms of the Constitution to Parliament and the public at large, by placing the public interests above their own interest,
  4.  maintain public confidence and trust in the integrity of Parliament and thereby engender the resect and confidence that society needs to have in Parliament as a representative institution; and
  5.  In the performance of their duties and responsibilities, be committed to the eradication of all forms of discrimination. 

 

  1. Consideration of the Complaint

 

  1. Correspondence was sent to Hon. Mkongi on 21 January 2016 informing him of the allegation, and he was advised to respond in terms of the procedure outlined in the Code of Ethical Conduct and Disclosure of Members Interests for Assembly and Council Members.
  2. Hon Mkongi responded on 29 January 2016 with an unreserved apology to the Committee, and submitted details of his public apology.

 

  1. Findings

 

  1. Notwithstanding Hon. Mkongi’s apology, the nature of the remarks are incompatible with his leadership role as a Member of Parliament, and the breach of sections 4.1.2, 4.1.3, 4.1.4, 4.1.5 and 4.1.6.

 

  1. Penalties

 

  1. The Committee therefore recommends that Hon Mkongi be, in terms of section 10.7.7.2, given the following penalties:

In terms of 10.7.7.2 (i) a reprimand in the House and (ii) a fine of 7 days salary. It is further recommended that he undergo training on the ethical usage of social media.

 

 

 

 

 

  •  

 

 

 

Co Chairperson                                                   Co Chairperson

 

A Masondo                                                            A Singh

            16 March 2016                                                 16 March 2016

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