ATC170614: Report of the Joint Committee on Ethics’ and Members Interests on late Disclosures for 2016, dated 14 June 2017

Ethics and Members' Interest

REPORT OF THE JOINT COMMITTEE ON ETHICS’ AND MEMBERS INTERESTS ON LATE DISCLOSURES FOR 2016, DATED 14 JUNE 2017
 

Background

 

The Joint Committee on Ethics and Members’ Interests (the “Joint Committee”) met on 10 May 2016 to set a date for the annual disclosure of Members’ Interests. The deadline was set as 31 August 2016. On 07 September 2016 the Joint Committee extended the deadline to 21 September 2016. By this date 17 disclosures were still outstanding. Subsequent the 21st of September 2016 the remaining Members submitted their disclosure, albeit belatedly. Of the 17 late disclosures, two (2) Members were new while one Member was seriously ill.

At a meeting held on 16 February 2017, to adopt the Register of Members’ Interests for 2016, the Joint Committee condoned the late disclosures of 2 new Members and that of Hon Qikani who had been seriously ill.

The Joint Committee also resolved to investigate the remaining 14 late disclosures.

Subsequent to this resolution, the Acting Registrar wrote to all the affected Members requesting them to provide reasons for their apparent late disclosures. 13 Members have responded and only one Member has not complied despite several attempts to persuade him to respond.

Below is a list of the cases that have been finalised:

  1. Hon. S Chikunga, MP

On 2 March 2017 a letter was addressed to Hon. Chikunga, MP advising her that our records indicate that she missed the deadline for submitting her disclosure for 2016 as she only submitted her disclosure on 30 September 2016.

On 13 March Hon. Chikunga responded by extending her “sincere and humble apology for the late submission” of her 2016 disclosure form. She pointed out the following factors as having contributed to her delayed disclosure:

  • After timeously submitting her 2016 disclosure to the Presidency, she asked her Personal Assistant (PA) to obtain the disclosure form from the Office of the Registrar of Members’ Interest. The Office of the Registrar of Members’ Interests informed her that the disclosure forms were not available.
  • When the disclosure forms eventually became available, she completed the form and was assured by her PA that the disclosure form had been submitted. Around the same time, the PA unexpectedly left her Office. For some time nobody had access to her emails resulting in her requesting temporary assistance from the Department of Transport, to support her Office.
  • During the same period she had undertaken some international trips and was overseas when she learnt that she had not submitted her disclosure form even after the extended deadline.

Hon. Chikunga accept responsibility for her late disclosure and commit to avoiding the re-occurrence of the late disclosure in future.

 

Finding

Hon Chikunga submitted disclosure for 2016 on 30 September 2016. Thus, her disclosure was late as it was submitted after 21 September 2016.

The Joint Committee at its meeting on 14 June 2017 found Hon Chikunga guilty of contravening clause 9.2.3 read with clause 10.1.1 of the Code, in that the Hon Member failed to comply with the requirements of the provisions for disclosing interest.

 

Appropriate penalty

In terms of clause 10.7.7 of the Code of Ethical Conduct and Disclosure of Members’ Interests the following are the different sanctions for consideration by the Joint Committee:

 

  1. A reprimand in the House;
  2. A fine not exceeding the value of 30 day’s salary;
  3. A reduction of salary or allowances for a period not exceeding 30 days; or
  4. The suspension of certain privileges or a Member’s right to seat in Parliamentary debates or committees for a period not exceeding 30 days;
  5. In the 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

Hon Chikunga pleaded guilty to her late disclosure and provided an explanation for the late disclosure. She extended an apology for her late disclosure. Her disclosure was nine (9) days late. She did disclose, albeit belatedly. There is no evidence that she is a repeat offender in disclosing her interests late.

 

The Joint Committee impose a reprimand in the House and counselling by the Acting Registrar in terms of clauses 10.7.7 (i) and (v) of the Code as an appropriate sanction.

           

  1. Hon. B .J. Dlomo, MP

On 2 March 2017 a letter was addressed to Hon. Dlomo, MP advising him that our records indicate that he missed the deadline for submitting his disclosure for 2016 as he only submitted his disclosure on 12 October 2016.

On 2 May 2017 Hon Dlomo responded by admitting that he submitted his disclosure after 21 September 2017. He explained that his reason for the late disclosure was due to him having been on an oversight visit with his Committee. On his return from the oversight visit Members went on recess. He extended an apology for his late disclosure.

 

Finding

Hon Dlomo submitted his disclosure for 2016 on 12 October 2016. Thus, his disclosure was late as it was submitted after 21 September 2016.

The Joint Committee at its meeting on 14 June 2017 found Hon Dlomo guilty of contravening clause 9.2.3 read with clause 10.1.1 of the Code, in that the Hon Member failed to comply with the requirements of the provisions for disclosing interest.

 

Appropriate penalty

In terms of clause 10.7.7 of the Code of Ethical Conduct and Disclosure of Members’ Interests, the following are the different sanctions for consideration by the Joint Committee:

 

  1. A reprimand in the House;
  2. A fine not exceeding the value of 30 day’s salary;
  3. A reduction of salary or allowances for a period not exceeding 30 days; or
  4. The suspension of certain privileges or a Member’s right to seat in Parliamentary debates or committees for a period not exceeding 30 days;
  5. In the 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

Hon Dlomo pleaded guilty to his late disclosure and provided an explanation for the late disclosure. He extended an apology for his late disclosure. His disclosure was twenty one (21) days late. He did disclose, albeit belatedly. There is no evidence that he is a repeat offender in disclosing his interests late.

The Joint Committee impose a reprimand in the House and counselling by the Acting Registrar in terms of clauses 10.7.7 (i) and (v) of the Code as an appropriate sanction.

 

  1. Hon. S.P. Mabilo, MP

On 2 March 2017 a letter was addressed to Hon. Mabilo, MP advising him that our records indicate that he missed the deadline for submitting his disclosure for 2016 as he only submitted his disclosure on 19 October 2016.

On 14 March 2017 Hon Mabilo responded by admitting that he submitted his disclosure after 21 September 2017. He explained that his reason for the late disclosure was due to the workload he endured during the 2016 Local Government elections. The late disclosure was due to his constituency work. He apologised for the late disclosure.

 

Finding

Hon Mabilo submitted his disclosure for 2016 on 19 October 2016. Thus, his disclosure was late as it was submitted after 21 September 2016.

The Joint Committee at its meeting on 14 June 2017 found Hon Dlomo guilty of contravening clause 9.2.3 read with clause 10.1.1 of the Code, in that the Hon Member failed to comply with the requirements of the provisions for disclosing interest.

 

 

Appropriate penalty

In terms of clause 10.7.7 of the Code of Ethical Conduct and Disclosure of Members’ Interests the following are the different sanctions for consideration by the Joint Committee:

 

  1. A reprimand in the House;
  2. A fine not exceeding the value of 30 day’s salary;
  3. A reduction of salary or allowances for a period not exceeding 30 days; or
  4. The suspension of certain privileges or a Member’s right to seat in Parliamentary debates or committees for a period not exceeding 30 days;
  5. In the 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

Hon Mabilo pleaded guilty to his late disclosure and provided an explanation for the late disclosure. He extended an apology for his late disclosure. His disclosure was twenty eight (28) days late. He did disclose, albeit belatedly. There is no evidence that he is a repeat offender in disclosing his interests late.

The Joint Committee impose a reprimand in the House and counselling by the Acting Registrar in terms of clauses 10.7.7 (i) and (v) of the Code as an appropriate sanction.

 

  1. Hon. M. Matshoba, MP

On 2 March 2017 a letter was addressed to Hon. Matshoba, MP advising her that our records indicate that she missed the deadline for submitting her disclosure for 2016 as she only submitted her disclosure on 10 October 2016.

On 15 March 2017 Hon Matshoba responded admitting that she submitted her disclosure after 21 September 2017. Her reason for the late disclosure was due to collecting accurate information to submit. Some of the information she had to disclose was not dependent on her and this caused great delays. She also apologised for her “tardiness”.

 

Finding

Hon Matshoba submitted her disclosure for 2016 on 10 October 2016. Thus, her disclosure was late as it was submitted after 21 September 2016.

The Joint Committee found Hon Matshoba guilty of contravening clause 9.2.3 read with clause 10.1.1 of the Code, in that the Hon Member failed to comply with the requirements of the provisions for disclosing interest.

 

Appropriate penalty

In terms of clause 10.7.7 of the Code of Ethical Conduct and Disclosure of Members’ Interests the following are the different sanctions for consideration by the Joint Committee:

 

  1. A reprimand in the House;
  2. A fine not exceeding the value of 30 day’s salary;
  3. A reduction of salary or allowances for a period not exceeding 30 days; or
  4. The suspension of certain privileges or a Member’s right to seat in Parliamentary debates or committees for a period not exceeding 30 days;
  5. In the 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

Hon Matshoba pleaded guilty to her late disclosure and provided an explanation for the late disclosure. She extended an apology for her late disclosure. Her disclosure was nineteen (19) days late. She did disclose, albeit belatedly. There is no evidence that she is a repeat offender in disclosing her interests late.

The Joint Committee impose a reprimand in the House and counselling by the Acting Registrar in terms of clauses 10.7.7 (i) and (v) of the Code as an appropriate sanction.

 

  1. Hon. C. Nqakula, MP

On 2 March 2017 a letter was addressed to Hon. Nqakula, MP advising him that our records indicate that he missed the deadline for submitting his disclosure for 2016 as he only submitted his disclosure on 11 October 2016.

On 14 March 2017 Hon Nqakula responded by admitting that he submitted his disclosure after 21 September 2017. He explained that his reason for the late disclosure is that he thought the deadline was after 11 October 2016, as he believed that by submitting his disclosure on 11 October 2017 he had “beaten” the deadline.

 

Finding

Hon Nqakula submitted his disclosure for 2016 on 11 October 2016. Thus, his disclosure was late as it was submitted after 21 September 2016.

The Joint Committee found Hon Nqakula guilty of contravening clause 9.2.3 read with clause 10.1.1 of the Code, in that the Hon Member failed to comply with the requirements of the provisions for disclosing interest.

 

Appropriate penalty

In terms of clause 10.7.7 of the Code of Ethical Conduct and Disclosure of Members’ Interests the following are the different sanctions for consideration by the Joint Committee:

 

  1. A reprimand in the House;
  2. A fine not exceeding the value of 30 day’s salary;
  3. A reduction of salary or allowances for a period not exceeding 30 days; or
  4. The suspension of certain privileges or a Member’s right to seat in Parliamentary debates or committees for a period not exceeding 30 days;
  5. In the 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

Hon Nqakula pleaded guilty to his late disclosure and provided an explanation for the late disclosure. He extended an apology for his late disclosure. His disclosure was nineteen (19) days late. He did disclose, albeit late. There is no evidence that he is a repeat offender in disclosing his interests late.

The Joint Committee impose a reprimand in the House and counselling by the Acting Registrar in terms of clauses 10.7.7 (i) and (v) of the Code as an appropriate sanction.

 

  1. Hon. E.M. Mlambo

On 2 March 2017, a letter was addressed to Hon. Mlambo, MP advising him that our records indicate that he missed the deadline for submitting his disclosure for 2016 as he only submitted his disclosure on 1 November 2016.

On 13 March 2017 Hon Mlambo responded by admitting that he submitted his disclosure after 21 September 2017. He explained that his reason for the late disclosure was the Local Government elections, which had consumed most of his focus due to the work he had engaged in. Hon Mlambo says his oversight in failing to disclose timeously is regrettable. 

 

Finding

Hon Mlambo submitted his disclosure for 2016 on 1 November 2016. Thus, his disclosure was late as it was submitted after 21 September 2016.

The Joint Committee found Hon Mlambo guilty of contravening clause 9.2.3 read with clause 10.1.1 of the Code, in that the Hon Member failed to comply with the requirements of the provisions for disclosing interest.

 

Appropriate penalty

In terms of clause 10.7.7 of the Code of Ethical Conduct and Disclosure of Members’ Interests the following are the different sanctions for consideration by the Joint Committee:

 

  1. A reprimand in the House;
  2. A fine not exceeding the value of 30 day’s salary;
  3. A reduction of salary or allowances for a period not exceeding 30 days; or
  4. The suspension of certain privileges or a Member’s right to seat in Parliamentary debates or committees for a period not exceeding 30 days;
  5. In the 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

Hon Mlambo pleaded guilty to his late disclosure and provided an explanation for the late disclosure. He regrets his late disclosure. His disclosure was forty one (41) days late. He did disclose, albeit belated. There is no evidence that he is a repeat offender in disclosing his interests late.

The Joint Committee impose a reprimand in the House and counselling by the Acting Registrar in terms of clauses 10.7.7 (i) and (v) of the Code as an appropriate sanction.

 

  1. Hon. S.C. Mncwabe, MP

On 2 March 2017, a letter was addressed to Hon. Mncwabe, MP advising him that our records indicate that he missed the deadline for submitting his disclosure for 2016 as he only submitted his disclosure on 30 November 2016.

On 9 March 2017 Hon Mncwabe responded by admitting that he submitted his disclosure after 21 September 2017. He explained that his reason for the late disclosure was due to his busy schedule. He states that he had no intention of undermining the Joint Committee or to deliberately not to comply with the Code. He pleaded with the Joint Committee to accept his apology.

 

Finding

Hon Mncwabe submitted his disclosure for 2016 on 30 November 2016. Thus, his disclosure was late as it was submitted after 21 September 2016.

The Joint Committee found Hon Mncwabe guilty of contravening clause 9.2.3 read with clause 10.1.1 of the Code, in that the Hon Member failed to comply with the requirements of the provisions for disclosing interest.

 

Appropriate penalty

In terms of clause 10.7.7 of the Code of Ethical Conduct and Disclosure of Members’ Interests, the following are the different sanctions for consideration by the Joint Committee:

 

  1. A reprimand in the House;
  2. A fine not exceeding the value of 30 day’s salary;
  3. A reduction of salary or allowances for a period not exceeding 30 days; or
  4. The suspension of certain privileges or a Member’s right to seat in Parliamentary debates or committees for a period not exceeding 30 days;
  5. In the 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

Hon Mncwabe pleaded guilty to his late disclosure and provided an explanation for the late disclosure. He regrets his late disclosure. His disclosure was seventy (70) days late. He did disclose, albeit belated. There is no evidence that he is a repeat offender in disclosing his interests late.

The Joint Committee impose a reprimand in the House and counselling by the Acting Registrar in terms of clauses 10.7.7 (i) and (v) of the Code as an appropriate sanction.

 

  1. Hon. S.G. Mmusi, MP

On 2 March 2017, a letter was addressed to Hon. Mmusi, MP advising him that our records indicate that he missed the deadline for submitting his disclosure for 2016 as he only submitted his disclosure on 6 October 2016.

On 15 March 2017 Hon Mmusi responded by admitting that he submitted his disclosure after 21 September 2017. He explained that his reason for the late disclosure was due to ill health. On 26 August 2016, Hon Mmusi was hospitalised at Christian Barnard Hospital and discharged on 6 October 2016. He referred the Joint Committee to the Office of the Deputy Chief Whip of his Party, where his absence due to hospitalisation had been reported and his sick certificate submitted.   

The Joint Committee is in possession of a letter addressed to the Office of the Deputy Chief Whip of his party reporting his hospitalisation and a sick certificate. These documents were obtained from the Office of the Member’s Deputy Chief Whip.

 

Finding

Hon Mmusi submitted his disclosure for 2016 on 6 October 2016. Thus, his disclosure was late as it was submitted after 21 September 2016.

The Joint Committee found Hon Mmusi not guilty of contravening clause 9.2.3 read with clause 10.1.1 of the Code, in that the Hon Mmusi was sick and hospitalised. Consequently, he had a justifiable reason for the late disclosure.

 

 

 

……………                                                                                          ………………

A Masondo                                                                                         A Singh

Co-Chairperson                                                                                 Co-Chairperson

 

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