ATC231002: Report by the Joint Committee on Ethics and Members’ Interests on the Non-Disclosures of Members Interests For 2022: 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 Non-Disclosures of Members Interests For 2022: Contravention of the Code of Ethical Conduct and Disclosure Of Members’ Interests:

 

The Joint Committee on Ethics and Members’ Interests (“the Committee”) having considered the non-disclosures of financial and other registrable interests in respect of the 2022 disclosure process, reports as follows:

 

The Committee wished it to be recorded that the 2022 disclosure process was moved from paper to an e-based system. That during 2022, the Acting Registrar of Members’ Interests, Adv Anthea Gordon, conducted extensive training on the e-system with Members of Parliament and support staff and therefore all Members of Parliament should have complied by the deadline.

 

The Committee considered the non-disclosures set out below and expressed 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 into the integrity and ethical standard of the Members of Parliament and the institution of Parliament.  For this reason, the Committee has adopted a zero tolerance in respect of non- disclosures.

 

1. INTRODUCTION
   1. 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 2022 disclosure of Members’ Interests was 30 November 2022.  
   4. Item 10.1.1.1 of the Code 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.

 

NON-DISCOSURES

 

1. HON. PORTIA TEBOGO MAMOROBELA, MP
   1. The Member did not submit her disclosure of interests for 2022.  
   2. As of 1 February 2023, the Member still did not submit her disclosure of financial and registrable interests.
   3. A letter was addressed to the Member on 25 April 2023, to which the Member replied.
   4. The Member indicated that she is new to Parliament. She stated that it is her first year and she is learning every day.
   5. The Member indicated that the ICT support staff tried to support her but that she was unwell at home and could not travel.
   6. She then requested the ICT staff to assist her in February 2023, but the staff were busy with the preparations for the State of the Nation Address.
   7. The Member apologised to the Committee without any reservations and indicated that she did not mean to offend the rules.
   8. The Committee did not accept the excuse by the Member as a valid excuse for not submitting her disclosure for 2022.
   9. On 12 June 2023 the Committee found that the Member breached the Code.
   10. The Member was afforded an opportunity to provide written representations on the sanction to be imposed.
   11. The Member did not provide any written representations.

 

RECOMMENDATION:

The Committee recommends to the House to impose 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:

The Committee must recommend the imposition of one or more of the following penalties where a Member breached clause 10.1.1.1,

 

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

 

The Committee recommends that the Member be fined a value equal to 20 (twenty) days salary for not submitting the disclosure forms for 2022 and that the Member be reprimanded in the House.

 

1. HON. TYOTYO HUBERT JAMES, MP
   1. The Member did not submit his disclosure of interests for 2022. 
   2. As of 1 February 2023, the Member still did not submit his disclosure of registrable interests.
   3. A letter was addressed to the Member on 25 April 2023. Contact could not be made with the Member. A letter was addressed to the Chief Whip of the Members political party.
   4. The Member did not reply to the letter.
   5. On 12 June 2023 the Committee found that the Member breached 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 written representations.

 

RECOMMENDATION:

The Committee recommends to the House to impose 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:

The Committee must recommend the imposition of one or more of the following penalties where a Member breached clause 10.1.1.1,

 

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

 

The Committee recommends that the Member be fined a value equal to 20 (twenty) days salary for not submitting the disclosure forms for 2022 and that the Member be reprimanded in the House.

 

1. HON. NOMSA JOSEPHINA KUBHEKA, MP
   1. The Member did not submit her disclosure of interests for 2022. 
   2. As of 1 February 2023, the system reflects that the Member did not submit her disclosure of registrable interests.
   3. A letter was addressed to the Member on 25 April 2023.
   4. The Member did not reply to the letter.
   5. On 12 June 2023 the Committee found that the Member breached the Code.
   6. The Member was afforded an opportunity to provide written representations on the sanction to be imposed.
   7. The Member provided a response dated 07 August 2023 to the Committee wherein she indicates that she misunderstood that she had to reply to the Committee previously. She stated that she was booked off sick during November 2022. The Member did not provide any documentary proof to support this.  She indicated that she had no intention of disrespecting the Committee.
   8. The Committee did not accept the excuse as a valid excuse and rejected it for the purpose of mitigating a sanction.

 

RECOMMENDATION:

The Committee recommends to the House to impose 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:

The Committee must recommend the imposition of one or more of the following penalties where a Member breached clause 10.1.1.1,

 

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

 

The Committee recommends that the Member be fined a value equal to 20 (twenty) day’s salary for not submitting the disclosure forms for 2022 and that the Member be reprimanded in the House.

 

1. HON. SIBUSISO MACDONALD KULA, MP
   1. The Member did not submit his disclosure of interests for 2022. 
   2. As of 1 February 2023, the Member did not submit his disclosure of registrable interests.
   3. A letter was addressed to the Member on 25 April 2023. Contact could not be made with the Member. A letter was addressed to the Chief Whip of the Members political party.
   4. The Member did not reply to the letter.
   5. On 12 June 2023 the Committee found that the Member breached 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 written representations.

 

RECOMMENDATION:

The Committee recommends to the House to impose 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:

The Committee must recommend the imposition of one or more of the following penalties where a Member breached clause 10.1.1.1,

 

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

 

The Committee recommends that the Member be fined a value equal to 20 (twenty) days salary for not submitting the disclosure forms for 2022 and that the Member be reprimanded in the House.

 

REPORT TO BE CONSIDERED

 

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

BEKIZWE SIMON NKOSI                        MOJI LYDIA MOSHODI