ATC220511: Report by Joint Committee on Ethics and Members' Interest on the 2021 Register of Members' Interests - Late Disclosures: Contravention of the Code of Ethical Conduct and Disclosure of Members' Interests

Ethics and Members' Interest

 

 

 

1. REPORT BY THE JOINT COMMITTEE ON ETHICS AND MEMBERS’ INTERESTS ON THE 2021 REGISTER OF MEMBERS’ INTERESTS - LATE DISCLOSURES: CONTRAVENTION OF THE CODE OF ETHICAL CONDUCT AND DISCLOSURE OF MEMBERS’ INTERESTS:

 

  1. INTRODUCTION
    1. Item 9.2.1 read with item 9.2.3 of the Code of Ethical Conduct and Disclosure of Members’ Interests (“the Code”) prescribes that Members of Parliament (Members) must disclose their registrable interests annually at a time determined by the Joint Committee on Ethics and Members’ Interests (“the Committee”).
    2. Item 9.2.2 also states that if a Member has no registrable interests, a “nil” return must be submitted.
    3.  The due date for the 2021 disclosure of Members’ Interests was 30 November 2021.  
    4. 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.
    5. Of the 454 Members who are required to submit their disclosures, 4 Members failed and/or neglected to submit their disclosures by the due date.
    6. The Committee convened on 7 March 2022, 11 April 2022 and 9 May 2022 to discuss the late disclosures.

 

  1. LATE DISCLOSURES  

 

  1. HON. ELPHAS BUTHELEZI,MP

 

  1. The Member submitted the disclosure of interests form on 02 December 2021.  
  2. A letter was addressed to the Member on 18 March 2022, to which the Member replied.
  3. The Member indicates that according to his recollection, he submitted his forms on time. It was then brought to his attention that his form was incomplete. 
  4. Once it was brought to his attention that his forms were incomplete he duly completed the forms and submitted it.
  5. The Member apologised and indicated that it was an honest omission from his side. He asked that the Committee view his late submission as an honest mistake.
  6. On 11 April 2022 the Committee found that the Member breached item 10.1.1.1 of the Code.
  7. The Member was afforded an opportunity to provide written representations on the sanction to be imposed.
  8. The Member expressed that his late disclosure was not meant as disrespect. He also stated that he was honest in his submission and requests that the Committee consider a reprimand in the House as opposed to a harsher sanction.
  9. The Committee noted the representations.

 

  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. MKHULEKO HLENGWA, MP

 

  1. The Member submitted a disclosure of interests form on 09 December 2021.   
  2. A letter was addressed to the Member on 18 March 2022, to which the Member replied.
  3. The Member indicates the late disclosure was due to an administrative error by staff who are assigned to attend to his Parliamentary administrative function. He does state that this does not absolve him from responsibility in ensuring that his disclosure is submitted.
  4. The Member apologises for his late disclosure. He indicates that he respects the work of the Committee in its administration of the Code and again apologised for the late disclosure. 
  5. On 11 April 2022 the Committee found that the Member breached item 10.1.1.1 of the Code.
  6. The Member was afforded an opportunity to provide written representations on the sanction to be imposed.
  7. The Member stated that he accepts responsibility for the late submission.
  8. He requests that the Committee consider a sanction in terms of item 10.7.7.1(iii) of the Code, which provides for a reduction of salary not exceeding 30 days.
  9. The Member apologised sincerely and indicated that the late submission was not deliberate.
  10. The Committee noted the representations.

 

  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. PONANI MAKHUBELE, MP

 

  1. The Member submitted a disclosure of interests form on 07 December 2021.  
  2. A letter was addressed to the Member on 18 March 2022, to which the Member replied.
  3. The Member indicates that the forms were emailed to an email address which she no longer uses and that the email was directed to a spam folder.
  4. When she discovered the email in her spam folder she asked the office to email it to her closer to the deadline.
  5. When she received the email she completed the forms and emailed it, but there was a delay in the transmission of the email on her side. 
  6.  The Member acknowledges that she was wrong in submitting her forms late. She expresses the sentiment that her future disclosures will be given her utmost priority.
  7. On 11 April 2022 the Committee found that the Member breached item 10.1.1 of the Code.
  8. The Member was afforded an opportunity to provide written representations on the sanction to be imposed.
  9. The Member indicated that she accepts the decision of the Committee and would like to tender a heartfelt apology.
  10. She requests that the Committee consider the fact that she is a first time offender. She confirmed that she has taken steps to ensure that she does not submit her disclosure forms late gain.
  11. The Member requested that the Committee consider a reprimand in the House.  
  12. The Committee noted the representations.

 

  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.  BRENDA MATHEVULA, MP

 

  1. The Member submitted a disclosure of interests form on 01 December 2021 in pdf format.  
  2. A letter was addressed to the Member on 18 March 2022, to which the Member replied via email.
  3. The Member indicates that the forms were emailed in pdf format and then she was alerted to the fact to submit in the proper format. The member then submitted again but the email didn’t go through because of the power failure in the area.
  4. The Office records show that the first email with the PDF document is dated 1 December 2021, i.e. after the deadline.
  5. On 11 April 2022 the Committee found that the Member breached item 10.1.1.1 of the Code.
  6. The Member was afforded an opportunity to provide written representations on the sanction to be imposed.
  7. The Member did not provide any representations on the sanction to be imposed. However, the Committee noted that the Member is on approved leave for the period 22 February 2022 to 22 June 2022 as per the NCOP House resolution of 9 March 2022.

 

  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;”

 

Report to be considered

 

BEKIZWE SIMON NKOSI                            MOJI LYDIA MOSHODI

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