ATC120425: Report on legislative proposal to amend Executive Members’ Ethics Act, 1998 (Act No. 82 of 1998), to provide for matters related to the President, dated 25 April 2012

Private Members' Legislative Proposals and Special Petitions

Report of the Committee on Private Members’ Legislative Proposals and Special Petitions (the Committee) on the legislative proposal to amend Executive Members’ Ethics Act, 1998 (Act No

Report of the Committee on Private Members’ Legislative Proposals and Special Petitions (the Committee) on the legislative proposal to amend Executive Members’ Ethics Act, 1998 (Act No. 82 of 1998), to provide for matters related to the President of the Republic’s declaration of interests in terms of the Act (Hon A Trollip ) , Democratic Alliance, dated 25 April 2012

 

The Committee, having considered and deliberated on the legislative proposal to amend Executive Members’ Ethics Act 1998 by Hon A.Trollip , in terms of rule 211, and having consulted with the stake holders, recommends that permission should not be granted to the member to proceed with the proposed legislation. The committee wishes to make the following observations with regard to their recommendation applying the six principles:

The committee established that there are mechanisms in place to address the request sought by the proposal.

It does not seek to initiate legislation beyond the legislative competence.

It seeks to replace the existing mechanism of declaration of interests through the Ethics Committee. It will duplicate the existing legislation as entrenched in the Executive Members Ethics Act, Act no 82 of 1998.

It does not pre-empt similar legislations soon to be introduced by the national executive.

The presenter indicated that it will not result in a money bill.

The legislative proposal is frivolous because it seems as if it attacks the office of the President.

 

In light of the above, the committee recommends that the proposal should not be allowed to proceed, but Democratic Alliance (DA) and Congress of the People (COPE) indicated that their objections to be recorded.

 

Report to be considered.