ATC231003: Report of the Joint Committee on Ethics and Members’ Interests on the Alleged Contravention of the Code of Ethical Conduct and Disclosure of Members’ Interests: Honourable Mosebenzie Zwane, MP
Ethics and Members' Interest
Report of the Joint Committee on Ethics and Members’ Interests on the Alleged Contravention of the Code of Ethical Conduct and Disclosure of Members’ Interests: Honourable Mosebenzie Zwane, MP
The Joint Committee on Ethics and Members’ Interests having considered the complaint against Honourable Mosebenzie Zwane, MP, reports as follows.
INTRODUCTION
Mr Abdurrazack Achmat on behalf of, himself, Zukiswa Fokazi and #Unite Behind non- profit organisation, (“the Complainants”) submitted a complaint to the Joint Committee on Ethics and Members’ Interests (”JCEMI”) concerning Honourable Mosebenzie Zwane, MP (“the Member”). The Office of the Registrar of Members’ Interests received the complaint on 12 September 2022 for an alleged breach of the Code on Ethical Conduct and Members’ Interests (“the Code”).
SUMMARY OF THE COMPLAINT
The Complainant states as follows:
The Member held the position of Chairperson of the Portfolio Committee on Transport (PCOT). He also previously served in the Free State Legislature and as MEC for Agriculture.
The Member’s unlawful conduct in the Gupta Family Vrede and Estina matter should disqualify him from Parliamentary membership. His stint as Minister of Minerals and Energy Affairs further exposed criminal conduct of the Gupta family. In his position as Chairperson of the PCOT he failed in the oversight of PRASA and the Minister of Transport.
The Member was not implicated in the State Capture Report section on PRASA. However, as he is the current Chairperson of the PCOT, his ethical conduct and capacity to arrest rot at PRASA is a crucial point for the Complainant. The Member has been implicated in corruptions and maladministration at ESKOM, while he was the Minister of Mineral Resources.
The Member should be investigated by the Committee and be removed from his position and disciplined accordingly.
The Complainant argues that the Member breached items has not abided by Items 4.1.1, 4.1.2. 4.1.3, 4.1.4 and 4.1.5 of the Code of Ethical Conduct and Disclosure of Members’ Interests.
Item 4.1 of the Code provides as follows:
“4.1 Members must:
4.1.1 abide 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 of 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 … .”
SUMMARY OF RESPONSE BY THE MEMBER
The Member was given an opportunity to respond and responded as follows:
The Member indicated that the Complaint is not worth responding to. The Member indicated that the reference to the PRASA matters predates his tenure as Chairperson of the Portfolio Committee. The Member states that in 2015 he was the Minister of Minerals and Energy and he had nothing to do with PRASA. He became Chairperson of the PCOT in 2019. That the PCOT works on decision by majority in their oversight function and not in an individual capacity. Decisions by the PCOT cannot be attributed to one member of the PCOT.
The Member indicates that during his tenure as Chairperson of the PCOT, the PCOT conducted oversight visits on PRASA and other entities that fall under the Department of Transport such as the Park Station train station, Pretoria train station and Mamelodi train station. These train stations were identified as the problematic train stations because of their busy schedules and the incidents that are reported in these stations. The PCOT also engaged with commuters on trains. The oversight Report of the PCOT was given to the Director-General and the Minister of Transport. The PCOT requested a timeline from PRASA for the implementation of when the matters will be attended to.
COMMITTEE DELIBERATIONS
The Committee noted that the complaint focusses on three areas, namely-
- the involvement by the Member in the Vrede and Estina dairy farm scandal in his capacity as the MEC in the Free State Province;
- the Members’ role as the Minister of Minerals and Energy and the recommendations in the Judicial Commission of Inquiry into State Capture Report (the Report); and
- the Members’ failure in his position as Chairperson of the PCOT to conduct oversight over PRASA and the Minister of Transport.
In respect of point 1 above, the Committee noted that the matter does not fall within the jurisdiction of the Committee as the Member was the MEC of the Free State province at the time and not a Member of Parliament.
In respect of point 2 above, the Committee noted that the Report makes different findings against the Member in his role as Minister of Minerals and Energy. The complaints by the Organisation Against Tax Abuse (OUTA), Hon Lorrimer, MP and the referral by the Speaker of the National Assembly addressed the issues raised in Part 4 Volume 3 (Eskom) of the Judicial Commission Inquiry into State Capture. The investigation by the Committee in respect of these complaints also extended into Part 4 Volume 4 (Eskom). The Committee noted that at the time when it considered the complaint, the complaints by OUTA, Hon Lorrimer, MP and the Speaker of the NA had already resulted in a finding of breach and the Committee Report was published on the Announcements, Tablings and Committee Reports (ATC). This aspect of the complaint was already dealt with by the Committee in other matters.
In respect of point 3 above, the Committee noted that the Member denied that he failed in his oversight role over PRASA as he attributed oversight to a committee function and not an individual function. Further, that the Member set out the oversight conducted by the PCOT in respect of certain train stations. The Committee accepted the explanation by the Member.
The Committee found that the complaint is unfounded in respect of the part of the complaint that refers to the oversight function of the Member.
REPORTED FOR INFORMATION
THE CO-CHAIRPERSONS OF THE JOINT COMMITTEE ON ETHICS AND MEMBERS’ INTERESTS: BEKIZWE NKOSI AND LYDIA MOSHODI