ATC210607: Report by the Joint Committee on Ethics and Members’ Interests on the 2019 Register of Members’ Interests: Late and Non-Disclosures. Contravention of the Code of Ethical Conduct and Disclosure of Members’ Interests

Ethics and Members' Interest

Report by the Joint Committee on Ethics and Members’ Interests on the 2019 Register of Members’ Interests: Late and Non-Disclosures. Contravention of the Code of Ethical Conduct and Disclosure of Members’ Interests:

 

The Joint Committee on Ethics and Members’ Interests (“the Joint Committee”) having considered the late and non-disclosures of financial and other registrable interests in respect of the 2019 disclosure process, reports as follows:

 

1. INTRODUCTION
   1. The Code of Ethical Conduct and Disclosure of Members’ Interests (“the Code”) prescribes that Members of Parliament (Members) must disclose their registrable interests within 60 days of the opening of Parliament. (Item 9.2.2)
   2. The due date for the first disclosure of Members’ Interests was 13 September 2019.
   3. Item 10.1.1.1 of the Code of Ethical Conduct and Disclosure of Members’ Interests provides as follows: “A member breaches the Code it the Member contravenes or fails to comply with the requirements of the provisions for disclosing interests.
   4. Sixteen (17) Members of Parliament failed and/ or neglected to submit their disclosure of financial and registrable interests by 13 September 2019.
   5. The Joint Committee convened on 8 November 2019, 11 March 2020, 9 November 2020 and 31 May 2021 to discuss the late and non-disclosures.

 

1. LATE DISCLOSURES

 

COMMITTEE DELIBERATION:

 

The Joint Committee considered the late disclosures and raised the view that Members of Parliament should treat the disclosure process with the seriousness that it deserves. That the disclosure of financial and other registrable interests is the foundation upon which the public is able to hold Members of Parliament to account. It is through this process that the public gain insight to the integrity and ethical standard of the Members of Parliament and the institution of Parliament.    

 

 

1. HON. N.T. MKHATSHWA, MP
   1. The Member submitted the disclosure of interests form on 27 September 2019.
   2. The member wrote to the Joint Committee and explained that the reason for her late disclosure was because she was awaiting a legal opinion on whether she could conduct remunerative work outside of Parliament.
   3. The Joint Committee indicated that the Member could have submitted the disclosure before 13 September 2020 and later amend the disclosure of interests form when the legal opinion was received.
   4. The Joint Committee found that the Member breached item 10.1.1.1 read with item 9.2.2 of the Code.
   5. The Joint Committee afforded the Member an opportunity to address it in writing on the recommended penalty.  
   6. The Member wrote to the Joint Committee and indicated that she regretted submitted the disclosure late. The Member further indicated that she commits to not repeating an error of this nature again. The Member requested of the Joint Committee to impose a penalty in terms of item 10.7.7.1(v) of the Code.
   7. Item 10.7.7.1(v) of the Code provides as follows:

“(v)       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 of the Code.”.

 

1. RECOMMENDATION:

The Joint Committee recommends to the House to impose a penalty in terms of item 10.7.7.1 (i) of the Code, which provides as follows:

 

“The Committee must recommend the imposition of one or more of the following penalties where a Member breached clauses 10.1.1.1 … of this Code

 

1. A reprimand in the House;”

 

 

 

1. HON. L.F. SHABALALA, MP
   1. The Member submitted the declaration of interests form on 18 September 2019.
   2. The Joint Committee considered the late disclosure in the absence of any representations by the Member, as the member did not provide a reason for the late disclosure. The Joint Committee found that the Member breached item 10.1.1.1 read with item 9.2.2 of the Code.
   3. The Joint Committee afforded the Member an opportunity to address it in writing on the recommended penalty. 
   4. The Member wrote to the Joint Committee and indicated that she regretted not initially providing a reason for her late disclosure. However, she indicated that an official who assists her, misplaced her forms and this caused her to submit the disclosure forms late.
   5. The Member apologised for the late disclosure and did not request a particular penalty in terms of the Code.

 

1. RECOMMENDATION

The Joint Committee recommends to the House to impose a penalty in terms of item 10.7.7.1 (i) of the Code, which provides as follows:

 

“The Committee must recommend the imposition of one or more of the following penalties where a Member breached clauses 10.1.1.1 … of this Code

 

1. A reprimand in the House;”

 

1.  HON. T.T. MBOWENI, MP
   1. The Member submitted the disclosure of interests form on 15 November 2019.
   2. The Joint Committee considered the representation by the Member, i.e. that the declaration forms were mislaid due to his extensive international and local travel. The Member apologised for the late disclosure and indicated that it was not his intention to miss the deadline.  The Joint Committee indicated that the Member should have been prudent in his record keeping and could have requested new forms. The Joint Committee found that the Member breached item 10.1.1.1 read with item 9.2.2 of the Code.
   3. The Joint Committee afforded the Member an opportunity to address it in writing on the recommended penalty. 
   4. The Member indicated that he has taken corrective steps to put in place proper administrative measures to ensure compliance with meeting the submission of deadlines. The Member requested that the Committee consider part (v) of the penalties found under item 10.7.7.1 of the Code.

 

1. RECOMMENDATION

The Joint Committee recommends to the House to impose a penalty in terms of item 10.7.7.1 (i) of the Code, which provides as follows:

 

“The Committee must recommend the imposition of one or more of the following penalties where a Member breached clauses 10.1.1.1 … of this Code

 

1. A reprimand in the House;”

 

1. HON. M.D. MAHLOBO, MP
   1. The Member submitted the disclosure of interest form on 19 September 2019.
   2. The Joint Committee considered the representation by the Member, i.e. that his work commitments on 13th September 2019 (the due date), the crisis at the Emfuleni Local Municipality and the fact that he had to represent the Department at the International Water Symposium in Sandton in Gauteng, caused him to submit his form late. The Joint Committee indicated that the Member did not offer an explanation for the period preceding 13 September 2019 and therefore could have submitted the form prior to 13 September 2019. The Joint Committee found that the Member breached item 10.1.1.1 read with item 9.2.2 of the Code.
   3.  The Joint Committee afforded the Member an opportunity to address it in writing on the recommended penalty. 
   4. The Member requested that the Joint Committee consider the fact that he had no intention not to meet the deadline but that his work commitments dictated his diary on 13 September 2019. He asked that the Joint Committee take into account that his action was not deliberate and that since becoming a Member of Parliament in 2014 he has never submitted his declaration of interests late.
   5. The Member did not request a particular penalty in terms of the Code.

 

1. RECOMMENDATION

The Joint Committee recommends to the House to impose a penalty in terms of item 10.7.7.1 (i) of the Code, which provides as follows:

 

“The Committee must recommend the imposition of one or more of the following penalties where a Member breached clauses 10.1.1.1 … of this Code

 

1. A reprimand in the House;”

 

1. HON. M.M. NTULI, MP
   1. The Member submitted the declaration of interests form on 24 October 2019.
   2. The Joint Committee considered the representation by the Member, i.e. that the Member indicated that the declaration form was submitted to the Office of the Registrar on 6 September 2019 by her assistant and when the Member later requested access to the form, the Member was informed that it was not received. The Joint Committee noted that the Member’s name did not reflect on the control sheet in the Office of the Registrar and that the Member did not have a receipt, which is issued to a Member when a form is submitted to the Office of the Registrar. The Joint Committee found that the Member breached item 10.1.1.1 read with item 9.2.2 of the Code.
   3. The Joint Committee afforded the Member an opportunity to address it in writing on the recommended penalty. 
   4. The Member submitted an affidavit, which was deposed to by her assistant. The Assistant indicated that he left the form on the desk of the staff member in the Office of the Registrar who was attending to other Members at the time. The Assistant indicated that he then left the office.  The Member requests the Joint Committee to consider the fact that she has never since 2004 submitted a declaration form late. The Member states that it is the fault of the staff member in the Office of the Registrar and not her fault.

 

1. RECOMMENDATION

The Joint Committee recommends to the House to impose a penalty in terms of item 10.7.7.1 (i) of the Code, which provides as follows:

 

“The Committee must recommend the imposition of one or more of the following penalties where a Member breached clauses 10.1.1.1 … of this Code

 

1. A reprimand in the House;”

 

1. HON. K.B. MANAMELA, MP
   1. The Member submitted the disclosure of interests form on 17 September 2019.
   2.  The Joint Committee considered the late disclosure in the absence of any representations by the Member, as the member did not provide a reason for the late disclosure. The Joint Committee found that the Member breached item 10.1.1.1 read with item 9.2.2 of the Code.
   3. The Joint Committee afforded the Member an opportunity to address it in writing on the recommended penalty. 
   4. No representations were received from the Member.

 

1. RECOMMENDATION

The Joint Committee recommends to the House to impose a penalty in terms of item 10.7.7.1 (i) of the Code, which provides as follows:

 

“The Committee must recommend the imposition of one or more of the following penalties where a Member breached clauses 10.1.1.1 … of this Code

 

1. A reprimand in the House;”

 

1.    HON. M. GUNGUBELE, MP
   1. The Member submitted the disclosure of interests form on 16 September 2019.
   2. The Joint Committee considered the late disclosure in the absence of any representations by the Member, as the member did not provide a reason for the late disclosure. The Joint Committee found that the Member breached item 10.1.1.1 read with item 9.2.2 of the Code.
   3. The Joint Committee afforded the Member an opportunity to address it in writing on the recommended penalty. 
   4. The Member indicated that his late disclosure was due to an administrative error and should not be viewed as disrespect toward the Joint Committee. The Member indicated that due to his heavy workload, he delegated all his correspondence to his Secretary, including his confidential matters. The Member acknowledges that this was erroneous on his part. He implored the Joint Committee to consider his situation with the most possible leniency. He indicated that he has always tried to uphold ethical imperatives.

 

 

1. RECOMMENDATION

The Joint Committee recommends to the House to impose a penalty in terms of item 10.7.7.1 (i) of the Code, which provides as follows:

 

“The Committee must recommend the imposition of one or more of the following penalties where a Member breached clauses 10.1.1.1 … of this Code

 

1. A reprimand in the House;”

 

1. HON. Z. MAJOZI, MP
   1. The Member submitted the declaration of interests form on 17 September 2019.
   2. A letter was addressed to the Member on 13 November 2019 requesting an explanation for the late disclosure.
   3. The Member did not respond to the letter.  
   4. The Joint Committee considered the late disclosure in the absence of any representations by the Member, as the member did not provide a reason for the late disclosure. The Joint Committee found that the Member breached item 10.1.1.1 read with item 9.2.2 of the Code.
   5. The Joint Committee afforded the Member an opportunity to address it in writing on the recommended penalty. 
   6. The member indicated that the late disclosure was a result of an innocent mistake. The Member had to travel from Cape Town to attend a funeral and only later realised that the disclosure forms were still in the Member’s bag. The Member tried to scan the forms and e-mail it, but this was not accepted. 
   7. The Member apologised for the late disclosure and requested that the Joint Committee be lenient when imposing a penalty.

 

1. RECOMMENDATION

The Joint Committee recommends to the House to impose a penalty in terms of item 10.7.7.1 (i) of the Code, which provides as follows:

 

“The Committee must recommend the imposition of one or more of the following penalties where a Member breached clauses 10.1.1.1 … of this Code

 

1. A reprimand in the House;”

 

1. HON. N.F. SHIVAMBU, MP
   1. The Member submitted the declaration of interests form on 31 October 2019.
   2. The Joint Committee considered the late disclosure in the absence of any representations by the Member, as the member did not provide a reason for the late disclosure. The Joint Committee found that the Member breached item 10.1.1.1 read with item 9.2.2 of the Code.
   3. The Joint Committee afforded the Member an opportunity to address it in writing on the recommended penalty. 
   4.  No representations were received from the Member.

 

1. RECOMMENDATION

The Joint Committee recommends to the House to impose a penalty in terms of item 10.7.7.1 (i) of the Code, which provides as follows:

 

“The Committee must recommend the imposition of one or more of the following penalties where a Member breached clauses 10.1.1.1 … of this Code

 

1. A reprimand in the House;”

 

1. HON. T.D. KHALIPHA, MP
   1. At the time of the meeting of the Joint Committee on 8 November 2019, no disclosure of interests form was received from the Member.
   2. A letter was addressed to the Member on 13 November 2019 requesting the Member to disclose his registrable and financial interests and to provide reasons for the non-disclosure.
   3. The Member submitted the declaration of interests form on 27 November 2019.
   4. The Member then indicated that his declaration of interests was submitted on 27 November 2019 and therefore it is incorrect to state that he did not disclose.
   5. The Joint Committee found that the Member breached item 10.1.1.1 read with item 9.2.2 of the Code.
   6. The Joint Committee afforded the Member an opportunity to address it in writing on the recommended penalty. 
   7.  No representations were received from the Member.

 

 

 

1. RECOMMENDATION

The Joint Committee recommends to the House to impose a penalty in terms of item 10.7.7.1 (i) of the Code, which provides as follows:

 

“The Committee must recommend the imposition of one or more of the following penalties where a Member breached clauses 10.1.1.1 … of this Code

 

1. A reprimand in the House;”

 

1. HON. M. NYHONTSO, MP
   1. At the time of the meeting of the Joint Committee on 8 November 2019, no disclosure of interests form was received from the Member.
   2. A letter was addressed to the Member on 13 November 2019 requesting the Member to disclose his registrable and financial interests and to provide reasons for the non-disclosure.
   3. The Member submitted the disclosure of interests form on 21 November 2019.
   4. The Joint Committee considered the representations by the Member. The Member indicated that as a new Member he did not know that even if he had nothing to disclose, that he still had to submit a declaration of interests’ form. The Member also stated that his political party was relocating offices and therefore office telephone lines and the allocated documentation boxes were affected. The Joint Committee found that the Member breached item 10.1.1.1 read with item 9.2.2 of the Code.
   5. The Joint Committee afforded the Member an opportunity to address it in writing on the recommended penalty. 
   6. No representations were received from the Member.

 

1. RECOMMENDATION

The Joint Committee recommends to the House to impose a penalty in terms of item 10.7.7.1 (i) of the Code, which provides as follows:

 

“The Committee must recommend the imposition of one or more of the following penalties where a Member breached clauses 10.1.1.1 … of this Code

 

1. A reprimand in the House;”

 

 

1. HON.C.H. SIBISI, MP
   1. At the time of the meeting of the Joint Committee on 8 November 2019, no disclosure of interests form was received from the Member.
   2. A letter was addressed to the Member on 13 November 2019 requesting the Member to disclose his registrable and financial interests and to provide reasons for the non-disclosure.
   3. The Member submitted the declaration of interests form on 27 November 2019.
   4. The Joint Committee considered the representations by the Member. The Member indicated that he was not in Cape Town on the 13th September 2019 due to his wife being hospitalized. The Member also stated that his political party was struggling to recruit adequate staff to assist party members. The Member apologised for the late submission.
   5. The Joint Committee found that the Member breached item 10.1.1.1 read with item 9.2.2 of the Code.
   6. The Joint Committee afforded the Member an opportunity to address it in writing on the recommended penalty. 
   7. The Member indicated that he did not submit the disclosure form timeously due to unforeseen circumstances. The Member apologised for the late disclosure and requested that the Joint Committee impose a lenient penalty.

 

1. RECOMMENDATION

The Joint Committee recommends to the House to impose a penalty in terms of item 10.7.7.1 (i) of the Code, which provides as follows:

 

“The Committee must recommend the imposition of one or more of the following penalties where a Member breached clauses 10.1.1.1 … of this Code

 

1. A reprimand in the House;”

 

1. HON. T. APLENI. MP
   1. At the time of the meeting of the Joint Committee on 8 November 2019, no disclosure of interests form was received from the Member.
   2. A letter was addressed to the Member on 13 November 2019 requesting the Member to disclose his registrable and financial interests and to provide reasons for the non-disclosure.
   3. The Member submitted the disclosure of interests form on 20 February 2020 but did not provide a reason for the late disclosure.
   4. The Joint Committee considered the late disclosure in the absence of any representations by the Member, as the member did not provide a reason for the late disclosure. The Joint Committee found that the Member breached item 10.1.1.1 read with item 9.2.2 of the Code.
   5. The Joint Committee afforded the Member an opportunity to address it in writing on the recommended penalty. 
   6. No representations were received from the Member.

 

1. RECOMMENDATION

The Joint Committee recommends to the House to impose a penalty in terms of item 10.7.7.1 (i) of the Code, which provides as follows:

 

“The Committee must recommend the imposition of one or more of the following penalties where a Member breached clauses 10.1.1.1 … of this Code

 

1. A reprimand in the House;”

 

1. HON. I. NTSUBE, MP
   1. At the time of the meeting of the Joint Committee on 8 November 2019, no disclosure of interests form was received from the Member.
   2. A letter was addressed to the Member on 13 November 2019 requesting the Member to provide reasons for the non-disclosure by 13 September 2019.
   3. The Member submitted the disclosure of interests form on 21 November 2019 but the Member did not provide reasons for the late disclosure.
   4. The Joint Committee considered the late disclosure in the absence of any representations by the Member, as the member did not provide a reason for the late disclosure. The Joint Committee found that the Member breached item 10.1.1.1 read with item 9.2.2 of the Code.
   5. The Joint Committee afforded the Member an opportunity to address it in writing on the recommended penalty. 
   6. No representations were received from the Member.

 

1. RECOMMENDATION

The Joint Committee recommends to the House to impose a penalty in terms of item 10.7.7.1 (i) of the Code, which provides as follows:

 

“The Committee must recommend the imposition of one or more of the following penalties where a Member breached clauses 10.1.1.1 … of this Code

 

1. A reprimand in the House;”

 

1. HON. S. PATRIEN, MP
   1. At the time of the meeting of the Joint Committee on 8 November 2019, no disclosure of interests form was received from the Member.
   2. A letter was addressed to the Member on 13 November 2019 requesting the Member to submit the disclosure form and to provide reasons for the non-disclosure.
   3. The Member submitted the disclosure of interests form on 13 December 2019 but did not provide reasons for the late disclosure.
   4. The Joint Committee considered the late disclosure in the absence of any representations by the Member, as the member did not provide a reason for the late disclosure. The Joint Committee found that the Member breached item 10.1.1.1 read with item 9.2.2 of the Code.
   5. The Joint Committee afforded the Member an opportunity to address it in writing on the recommended penalty. 
   6. No representations were received from the Member.

 

1. RECOMMENDATION

The Joint Committee recommends to the House to impose a penalty in terms of item 10.7.7.1 (i) of the Code, which provides as follows:

 

“The Committee must recommend the imposition of one or more of the following penalties where a Member breached clauses 10.1.1.1 … of this Code

 

1. A reprimand in the House;”

 

1. NON-DISCLOSURE

 

1. HON. L.G. MOKOENA, MP
   1. At the time of the meeting of the Joint Committee on 8 November 2019, no disclosure of interests form was received from the Member.
   2. A letter was addressed to the Member on 13 November 2019 requesting the Member to submit the disclosure form and to provide reasons for the non-disclosure.
   3. The Member did not submit a disclosure of interests form.
   4. The Joint Committee considered the late disclosure in the absence of any representations by the Member, as the member did not provide a reason for the non-disclosure. The Joint Committee found that the Member breached item 10.1.1.1 read with item 9.2.2 of the Code.
   5. The Joint Committee afforded the Member an opportunity to address it in writing on the recommended penalty. 
   6. No representations were received from the Member.
   7. The Member seized to be a Member on 15 October 2020.

 

1. RECOMMMENDATION

On the basis that the Member is no longer a Member of Parliament, the Joint Committee does not make a recommendation to the House in this regard.   

 

1. HON. N.G. TOLASHE, MP
   1. At the time of the meeting of the Joint Committee on 8 November 2019, no disclosure of interests form was received from the Member.
   2. A letter was addressed to the Member on 13 November 2019 requesting the Member to submit the disclosure form and to provide reasons for the non-disclosure.
   3. No response was received from the Member.
   4. The Joint Committee considered the non-disclosure in the absence of any representations by the Member, as the member did not provide a reason for the non-disclosure. The Joint Committee found that the Member breached item 10.1.1.1 read with item 9.2.2 of the Code.
   5. The Joint Committee afforded the Member an opportunity to address it in writing on the recommended penalty. 
   6. The Member then submitted the disclosure of interests form on 19 March 2020 after the Joint Committee on 11 March 2020 found that the Member did not submit the disclosure of interest for 2019.
   7. The Member apologised for the initial non-disclosure and explained that it was out of ignorance and not out of defiance that the disclosure was not submitted on time.

 

1. RECOMMMENDATION

It is recommended that the Joint Committee consider the imposition of a penalty in terms of item 10.7.7.1 (i) and (ii) of the Code.

 

Item 10.7.7.1(i) and (ii) provides as follows:

1.  a reprimand in the House;
2. a fine not exceeding the value of 30 days salary;

 

It is recommended that the Joint Committee fine the Member a value equal to 2 days salary for not initially submitting the disclosure form for 2019 and that the Member be reprimanded in the House.

 

 

            Report to be considered

 

 

BEKIZWE SIMON NKOSI                                                          MOJI LYDIA MOSHODI

CO-CHAIRPSERONS OF THE

JOINT COMMITTEE ON ETHICS AND MEMBERS’ INTERESTS