ATC170906: Second Report of the Joint Committee Ethics and Member’s Interest’s, on the late disclosures for 2016, dated 6 September 2017
Ethics and Members' Interest
SECOND REPORT OF THE JOINT COMMITTEE ETHICS AND MEMBER’S INTEREST’S, ON THE LATE DISCLOSURES FOR 2016, DATED 6 SEPTEMBER 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 to 21 September 2016 the remaining Members submitted their disclosures, 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 final list of the outstanding cases of late disclosure:
- Hon. M M Chabangu, MP
On 2 March 2017 a letter was addressed to Hon. Chabangu, MP advising him that our records indicated that he had missed the deadline for submitting his disclosure for 2016 as he only submitted his disclosure on 26 October 2016.
On 08 March, on behalf of Hon. Chabangu, Mr N Mabula clarified through an email that according to their records Hon Chabangu was only sworn-in on 19 September 2016. The date of the swearing-in was after the deadline for disclosing interests.
Finding
Hon Chabangu submitted his disclosure for 2016, on 26 October 2016. When he did so it was within the stipulated period for new members. Thus, his disclosure is protected by clause 9.2.2 of the Code.
The Joint Committee finds Hon Chabangu not guilty of contravening the provisions for disclosing interest.
- Hon. M T Mhlanga, MP
On 2 March 2017 a letter was addressed to Hon. Mhlanga, 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 09 November 2016.
On 05 May 2017, Hon Mhlanga responded indicating that he was in Limpopo with COGTA SC on 31 August and had asked a Committee Assistant, on his behalf, to email his declaration form to the Registrar. He stated that it was not true that he did not submit his form on time. Further, he asserted that he is not guilty of late submission.
On 02 August 2017, the Acting Registrar wrote to Hon. Mhlanga advising him that unless the Registrar’s Office received a copy of the email before 11 August 2017; that it would be assumed that there was no declaration and the matter would be referred to the Joint Committee for consideration at its next meeting.
The Office of the Registrar has on 1 September 2017 received proof that the Hon Mhlanga had through an email sent to then Registrar submitted his declaration form on 31 August 2016. The circumstances for not printing the form on the due date or subsequent thereto are not clear, as the Registrar had since left Parliament.
Finding
Hon Mhlanga submitted his disclosure for 2016 on 31 August 2016. Thus, his disclosure was submitted before the extended due date of 21 September 2016.
The Joint Committee finds Hon Mhlanga not guilty of contravening the provisions for disclosing interest.
- Hon. P J Mnguni, MP
On 2 March 2017 a letter was addressed to Hon. Mnguni, advising him that our records indicate that he missed the deadline for submitting his disclosure for 2016 as he only submitted his disclosure on 25 November 2016.
On 14 March 2017 Hon Mnguni responded by denying the accuracy of the allegation of late disclosure. In paragraph 2.1 of his letter he states that for whole of the period of submission he was out of office doing constituency work. In paragraph 2.2 he indicates that for the same period he had had no Secretary. In paragraph 4, he asks for condonation if the committee should find that he has erred.
Finding
Hon Mnguni submitted his disclosure for 2016 on 25 November 2016. Thus, his disclosure was late as it was submitted after 21 September 2016.
Hon Mnguni denied the allegation of late disclosure and provided an unconvincing explanation. His disclosure was sixty-four (64) days late.
The Joint Committee finds Hon Mnguni 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:
- A reprimand in the House;
- A fine not exceeding the value of 30 day’s salary;
- A reduction of salary or allowances for a period not exceeding 30 days; or
- The suspension of certain privileges or a Member’s right to seat in Parliamentary debates or committees for a period not exceeding 30 days;
- 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
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.
- Hon. T J Mokwele, MP
On 2 March 2017 a letter was addressed to Hon. Mokwele, 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 22 November 2016.
On 14 March 2017 Hon Mokwele responded and indicated that she was on oversight and whilst there, her father passed away.
The Acting Registrar on 02 August 2017 sent correspondence to Hon. Mokwele reminding her that the Office of the Registrar had not yet received her late father’s death certificate. The correspondence advised that the death certificate be provided on or before 11 August 2017, in order to assist the Joint Committee in its consideration of the matter.
The office received the death certificate of the father to Hon Mokwele during August 2017.
Finding
Hon Mokwele submitted her disclosure for 2016 on 22 November 2016. Thus, her disclosure was late as it was submitted after 21 September 2016. Naturally the Death Certificate does not cover the entire period of the disclosure of members’ interests. Thus not sufficient reasons have been furnished to excuse the Hon Member’s late disclosure.
Hon Mokwele disclosed sixty-two (62) days late. However, there is no evidence that she is a repeat offender in disclosing her interests late.
The Joint Committee finds Hon Mokwele 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:
- A reprimand in the House;
- A fine not exceeding the value of 30 day’s salary;
- A reduction of salary or allowances for a period not exceeding 30 days; or
- The suspension of certain privileges or a Member’s right to seat in Parliamentary debates or committees for a period not exceeding 30 days;
- 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
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.
- Hon. J M Mthethwa, MP
On 2 March 2017, a letter was addressed to Hon. Mthethwa, 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 27 October 2016.
On 08 March 2017 Hon Mthethwa responded indicating that he was in Mpumalanga with COGTA SC on 31 August and had asked a Committee Assistant to email his declaration form to the Registrar. He further state that upon finding out that it was not received by the intended recipient he again submitted the form. Accordingly, he denies that he did not comply.
On 02 August 2017, the Acting Registrar wrote to Hon. Mthethwa advising him that unless the Registrar’s Office received a copy of the email before 11 August 2017; that it would be assumed that there was no declaration and the matter would be referred to the Joint Committee for consideration at its next meeting.
The Office of the Registrar has on 1 September 2017 received proof that the Hon Mthethwa had through an email sent to then Registrar submitted his declaration form on 31 August 2016. The circumstances for not printing the form on the due date or subsequent thereto are not clear, as the Registrar had since left Parliament.
Finding
Hon Mthethwa submitted his disclosure for 2016 on 31 August 2016. Thus, his disclosure was submitted before the extended due date of 21 September 2016.
The Joint Committee finds Hon Mthethwa not guilty of contravening the provisions for disclosing interest.
- Hon. M Paulsen, MP
On 2 March 2017, a letter was addressed to Hon. Paulsen, MP advising him that our records indicated that he missed the deadline for submitting his disclosure for 2016 as he only submitted his disclosure on 24 November 2016.
A variety of efforts have not yielded any results. These include talking to him personally; sending him emails both to his parliamentary and private email addresses as well as to the officials of his party.
To date Hon Paulsen has not responded to the correspondence of 02 March 2017.
Finding
Hon Paulsen submitted his disclosure for 2016 on 24 November 2016. Thus, his disclosure was late as it was submitted after 21 September 2016.
Hon Paulsen’s disclosure was sixty-four (64) days late. There is no evidence that he is a repeat offender in disclosing his interests late.
The Joint Committee finds Hon Paulsen 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:
- A reprimand in the House;
- A fine not exceeding the value of 30 day’s salary;
- A reduction of salary or allowances for a period not exceeding 30 days; or
- The suspension of certain privileges or a Member’s right to seat in Parliamentary debates or committees for a period not exceeding 30 days;
- 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
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.
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