ATC190328: Report of the Joint Committee on Ethics and Members’ Interests on the Complaint Against Honourable M. Dirks, MP

Ethics and Members' Interest

REPORT OF THE JOINT COMMITTEE ON ETHICS AND MEMBERS’ INTERESTS ON THE COMPLAINT AGAINST HONOURABLE M. DIRKS, MP
 

1. Background
   1. The Deputy Speaker of the National Assembly (“the Deputy Speaker”) on 28 August 2018 directed a matter to the Joint Committee on Ethics and Members’ Interests (“the Committee”) concerning conduct by Honourable M. Dirks, MP (“the Member”). The referral emanates from a letter by Hon. J. Mthembu, MP the Chief Whip of the Majority Party.
   2. The Office of the Registrar of Members’ Interests received the referral on 4 September 2018.

 

1. The Complaint 

2.1      The allegation is that the Member referred to certain Members of Parliament as “dogs” on his Facebook page.

 

1. The response by the Member to the allegation
   1. The Member replied in an e-mail as flows: “Regarding the allegation that I call members of parliament dogs on social media, I want to state that I was responding to a DA member of parliament who called me a ‘pig’ on social media. I have been ridiculed by the opposition since I arrived at parliament to the extent that they vulgarized my surname.”

 

1. The provisions of the Code
   1. In terms of Item 10.1.1 of the Code, a Member breaches the Code if the Member-
      1. Contravenes of fails to comply with the requirements of the provisions for disclosing interests;
      2.  when disclosing registrable interests, wilfully or is grossly negligently, provides the Registrar with incorrect or misleading details; or
      3.  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; and … .”

 

 

4.2        Item 4.1 provides as follows:

 

“4.1       Members must:

4.1.1     abide by the principles, rules and obligations of this Code;

4.1.2     by virtue of the oath or affirmation of allegiance taken by all elected Members, uphold the law;

4.1.3     act on all occasions in accordance with the public trust placed in them;

4.1.4     discharge their obligations, in terms of the Constitution, to Parliament and the public at large, by placing the public interest above their own interests;

4.1.5     maintain public confidence and trust in the integrity of Parliament and thereby engender the respect and confidence that society needs to have in Parliament as a representative institution; and

4.1.6     in the performance of their duties and responsibilities, be committed to the eradication of all forms of discrimination.”.

4.3        The Committee noted that the Member did not deny that he used the word “dog” to refer to Members of Parliament on social media. The Committee considered the use of the word “dog” to be derogatory and that it may attract a strong emotional and moral charge.

 

1. Finding  
   1. The Committee found that the Member breached the Code as contemplated in Item 10.1.1.3 read with Item 4.1. i.e. items 4.1.5 and 4.1.6.
   2. The Committee found that the Member failed to maintain public confidence and trust in the integrity of Parliament and thereby engender the respect and confidence that society needs to have in Parliament as a representative institution. Also, that in the performance of his duties he did not eradicate all forms of discrimination. 

 

1. Penalty
   1. Item 10.7.7 the Code provides for penalties.
   2. In the event that the Committee finds that a member contravened Item 10.1.1.3 of the Code, the Committee must consider the penalty provided for in Item 10.7.7.2. The Committee is required to recommend a greater sanction than that provided for in Item 10.7.7.1 it deems appropriate to the House and the House shall decide on the appropriate sanction to be imposed after considering the recommendation by the Committee.
   3. The Committee recommends to the House that the following penalty be imposed-

• that a public apology be made in the House by the Member for using the derogatory and discriminatory word “dog” on social media to refer to Members of Parliament.

 

 

HON. MAXEGWANA                                               HON. SINGH

CO- CHAIRPERSONS OF THE JOINT COMMITTEE ON ETHICS AND

MEMBERS’ INTERESTS