ATC171101: Annual Report of the Joint Committee on Ethics and Members’ Interests (2016), dated 01 November 2017

Ethics and Members' Interest

ANNUAL REPORT OF THE JOINT COMMITTEE ON ETHICS AND MEMBERS’ INTERESTS (2016), DATED 01 NOVEMBER 2017.
 

1. Establishment:

 

Joint Rule 121 of the Joint Rules of Parliament establishes the Joint Committee on Ethics and Members’ Interests (hereinafter referred to as the “Committee”).

 

The Joint Committee is obliged, in terms of Joint Rule 124 (2) to report annually to both Houses on the effectiveness of the Code of Ethical Conduct for National Assembly and Permanent Council Members.

 

1. Composition

 

Joint Rule 122 (1) stipulates that the Committee consist of 14 National Assembly members and 9 Council members.

Joint Rule 122 (2) (a) directs the Speaker to appoint the National Assembly members of the Committee on the advice of parties.

Joint Rule 122 (2) (b) directs the Chairperson of the NCOP to appoint members of the Council component on the advice of Provinces.

 

1. Chairpersons

Joint Rule 123 creates the position of Co-Chairpersons. Two Co-Chairpersons, one from the Assembly and the other from the Council, chair the Committee. Currently the Committee is chaired by:

Mr A.N. Masondo, MP (National Assembly);

Mr. A Singh, MP (National Council of Provinces).

 

1. Functions of the Committee

 

Joint Rule 124 provides for the functions of the committee.

 

In terms of Joint Rule 124 (1)

(a)      the committee must implement the Code of Ethical Conduct and Disclosure of Members’ Interests (the “Code”);

 

(b)      Committee must develop standards of ethical conduct;

 

(c)      Committee must be both an advisory and consultative body;

 

(d)      Committee must regularly review the Code and make recommendations to both Houses; and

 

(e)      must develop and publish a Register of Members’ Interests.

 

In terms of Joint Rule 124 (2), the Committee must report on the effectiveness of the Code to both houses annually.

 

Broadly, the Committee seeks to guide and advise Members of Parliament rather than being punitive in its approach. Rehabilitation of MPs remains a critical task.

 

1. Administrative Support to the Committee

 

5.1 Registrar of Members’ Interests

 

Parliamentary officials under the leadership of the Registrar of Members’ Interests support the Committee administratively. The Code creates the role and clarifies the functions of the Registrar of Members’ Interests.

 

1. Appointment

 

Chapter 11.2 of the Code states that the Committee is served by a Senior Official, appointed by both the Speaker and Chairperson of the National Council of Provinces after consulting leaders of parties represented in both houses.

 

1. Functions:

 

Chapter 11.3 of the Code provides that the Registrar perform the functions of the office as directed by the Committee.

               2.1) In terms of subsection 11.3.1 he/she must open and keep a register for

the purposes of the Code;

2.2) he/she must record in the register particulars of members’

registrable interests;

               2.3) must amend any entries in the register when necessary;

               2.4) must perform duties in respect of investigations of breaches of

            the Code;

               2.5) must perform other duties of the Code as directed by the

Committee.

 

1. Types/Kinds of cases

 

    The complaints processed by the committee ordinarily fall into 3 categories   

     as follows:

• Failure to disclose interests or late disclosures;
• Violation of the Constitution/Law e.g. Criminal charge
• General conduct inconsistent with what is expected from a Member of Parliament e.g. Incitement for violence & Sexual harassment

 

1. How complaints are dealt with: 

7.1 Appointing a sub-committee

1. referrals done by the main committee
2. report to main committee
3. decision of the committee reported to parliament

 

            7.2 In its decision making the Committee is:

(a) Fair;

                 (b) Firm; and

                                    (c) Consistent.

 

1. Some of the Key Challenges:

 

•  

 

1. Tendencies of political expediency;
2. Time allocation such as dates, times and venues poses a challenge for the Committee to convene meetings in line with the Joint Committee programme;
3. Building adequate capacity (administrative support) for the Committee.

 

1.  Committee Activities during the year under review

 

1. The Committee received seven complaints during 2016. The Committee dispensed with four of these complaints. Three complaints are still outstanding.

 

1. The Committee also finalised and concluded a complaint received in 2015 relating to non-disclosure of sponsorships for elective conferences.

 

1. The Register of Members’ Interests for 2016 was compiled and adopted in February 2017. Thirteen of the fourteen cases of non-compliance with the disclosure requirements of the Code were investigated and finalised during 2017.

 

1. The Joint Committee reported to the Speaker the removal from meetings of confidential documents by one of its members.

 

1. The Joint Committee was not able to conduct a review of the Code, in compliance with Joint Rule 124 (1) (d).

 

1. The Committee held six meetings during 2016. One meeting was cancelled due to lack of a quorum. A Sub-Committee conducted and concluded one hearing. Two hearings of the Sub-Committee were scheduled, but cancelled due to unforeseen circumstances.

 

……………….                                                                            ……………..

A Masondo                                                                                 A Singh

Co-Chairperson                                                                         Co-Chairperson