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ATC190308: Report of the Joint Committee on Ethics and Members’ Interest on the Complaint against Hon. M.Booi, MP

Ethics and Members' Interest

REPORT OF THE JOINT COMMITTEE ON ETHICS AND MEMBERS’ INTEREST ON THE COMPLAINT AGAINST HON. M.BOOI, MP

 

  1. Background
    1. On 29 May 2017, Honourable J.R.B Lorimer, MP (“the Complainant”) lodged a complaint of an alleged breach of the Code of Ethical Conduct and Disclosure of Members’ Interests (“the Code”) against Honourable M. Booi, MP (“the Member”).
    2. The complaint was brought to the attention of the Member on 9 June 2017.       

 

  1. The complaint:
    1. The Complainant provided a copy of an agreement entered into between a company called LURCO COAL (Pty) Ltd (“LURCO”) and the Member.
    2. In terms of this agreement,  the Member will-
  • act as a consultant for LURCO on a non-exclusive basis, advising on inter alia stakeholder relationship management on an ad hoc basis.
  • receive a monthly sum of R60 000 (sixty thousand rand).
    1. The agreement entered into force on 1 December 2015 and will remain in force for an indefinite period. 
    2. The Complainant alleged that LURCO entered into contracts with ESKOM.
    3. The Complainant therefore alleged that the Member did not comply with item 7.1 of the Code in that the Member undertook remunerative work outside of Parliament, which was not sanctioned in terms of item 7.2 and ATC’d in terms of item 7.3 of the Code.

 

  1. The Response by the Member to the allegation
    1. The Member acknowledged the business consultation agreement between LURCO and the Member.
    2. The Member expressed regret and stated that it was an oversight that he did not disclose the information. The Member undertook to rectify the non-disclosure with immediate effect.

 

  1. The provisions of the Code

4.1.   Item 7.1 of the Code provide as follows:

“7.1.          No Member shall perform or undertake remunerative employment or work outside of Parliament, which does not strictly fall within the employment or work sanctioned in terms of clause 7.2 and which has been recorded in the ATC in terms of clause 7.3;

 7.2           A Member may only perform or undertake remunerated employment or work outside of Parliament when such employment or work is sanctioned by the political party to which the Member belongs and is compatible with that Member’s function as a public representative; and

7.3            In the event of a party agreeing to such employment of a Member outside of Parliament in terms of clause 7.2, the party must within 30 days provide the Registrar, in writing, with all the relevant details in this regard. If the Registrar is not satisfied that all the relevant information has been provided he or she must indicate to what extent the information must be supplemented and the party must within 30 days. When the Registrar is satisfied that all the relevant information has been adequately provided by the relevant party, the Registrar must within 7 days cause such decision to be recorded in the ATC. 

4.4        Having considered that the Member acknowledged the allegation, the Committee on 12 June 2018 concluded that the Member breached the Code.

 

  1. Finding     
    1. The Committee found that the Member breached the Code as contemplated in item 10.1.1.3.
    2. Item 10.1.1.3 provides as follows:  

“A Member breaches the Code if the Member contravenes clauses 4.1, 5.1, 5.2, 6.1, 6.2, 6.3, 7.1, 8.1, and 9.19.4 and 9.19.5 of this Code;”.

  1.  

 

  1. Process
    1. After the Committee found that the Member breached the Code, the Committee invited the Member to address the Committee on the penalty.  
    2. In a letter dated 13 November 2018, the Member indicated that his non-disclosure was an oversight.
    3. The Member informed the Committee in writing that the Committee may proceed with the sanction in the Members’ absence.

 

 

 

  1. Penalties
    1. Item 10.7.7 the Code provides for penalties.
    2. Item 10.7.7.1 of the Code provides that in the event that the Committee finds that a Member has breached clause 10.1.1.1 of the Code, the Committee must recommend the imposition of one or more of the following penalties,-
  1. a reprimand in the house;
  2. a fine not exceeding the value of 30 days’ 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 a seat in Parliamentary debates or committees for a period not exceeding 30 days;
  5. in event of a breach considered minor by the committee the Member may be ordered to rectify the breach and be counselled on the requirements.
    1. Item 10.7.7.2 of the Code provides that in the event of the Committee finding that a Member is guilty of contravening clauses 10.1.1.3 or 10.1.2 of this Code, the Committee shall not impose any of the above sanction, but shall recommend any greater sanction it deems appropriate to the House, and the House shall decide on the appropriate sanction to be imposed after consideration of the recommendation of the Committee.
    2. The Committee therefore recommends to the House that the following penalty be imposed in line with item 10.7.7.2 of the Code-
  1. A reprimand in the house; and
  2. A fine equal to 45 days salary.

           

HON. H. MAXEGWANA, MP                                          HON. A. SINGH, MP

CO-CHAIRPERSONS OF THE JOINT COMMITTEE ON ETHICS AND MEMBERS’ INTERESTS

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