ATC231002: Report of the Joint Committee on Ethics and Members’ Interests: Contravention of the Code of Ethical Conduct and Disclosure of Members’ Interests: Honourable Bheki Cele, MP: Minister of Police
Ethics and Members' Interest
Report of the Joint Committee on Ethics and Members’ Interests: Contravention of the Code of Ethical Conduct and Disclosure of Members’ Interests: Honourable Bheki Cele, MP: Minister of Police
The Joint Committee on Ethics and Members’ Interests (the Committee) having considered the complaint against the Honourable Bheki Cele, MP, the Minister of Police, reports its findings and its recommendation on penalty, in terms of item 10.7.8.2 of the Code of Ethical Conduct and Disclosure of Members’ Interests (“the Code”), as follows:
INTRODUCTION
Mr Ian Cameron the Director of Community Safety at Action Society Non-Profit Organisation, (“the Complainant”) submitted a complaint to the Committee concerning Honourable Bheki Cele, MP the Minster of Police (“the Member”). The Office of the Registrar of Members’ Interests received the complaint on 09 December 2022 for an alleged breach of the Code.
SUMMARY OF THE COMPLAINT
The Complainant states as follows:
On 5 July 2022, he was present at a community meeting and addressed the Member on his failure (in respect of the South African Police Service) to protect the communities of Gugulethu and Nyanga in the Western Cape.
The Complainant states that the main aspects he covered with the Member related to politics, neighbourhood watches and police resources. In reply to the points raised by the Complainant, he states that the Member became irate and shouted at him to “shut up.” He states that the Member did not behave in a calm and dignified manner which the high office that he holds, requires. He states that the Member is a public servant and an elected official.
Further the Complainant alleges that the Member wagged his finger at him, while saying in threatening tone, “don’t provoke me”. The Member yelled at him to “shut 29 Page 2 of 4 up”, then told him to” sit down and listen” or “get out”. The Complainant then states that he was removed from the venue by police officials who are not known to him. His clothing was damaged in the process. He states that his fundamental rights were infringed, such as his right to freedom and security of person, unlawful deprivation of liberty.
The Complainant states that he did nothing to warrant being assaulted and forcibly removed and restrained.
He states that the Member accused him of regarding the Member a “garden boy”, which the Complainant denies. The Complainant states that the Member is not fit to hold public office. The Complainant states that the Member must be removed from office.
SUMMARY OF RESPONSE BY THE MEMBER
The Member was given an opportunity to respond and responded as follows:
The purpose of the engagement in Gugulethu was to establish a better relationship with the community and to find solutions to fight crime. The Member states that the crime rate is worrisome and unacceptable. Crime is a consequence of the socio-economic conditions that prevail in our country.
When the Complainant addressed him, he felt that it was a vindictive and personal attack. The tone in which the Complainant addressed the Member was designed to belittle the Member instead of working together to find solutions. That the Complainant’s presence at the meeting was disruptive and that he did not make a positive contribution. The Member therefore requested that the Complainant be removed from the venue. The IMBIZO was for the benefit of the community and not to be politicized by the Complainant.
COMMITTEE DELIBERATIONS
The Committee noted that the Member in his written representations did not specifically address the incident, i.e. that he is alleged to have shouted, “shut up” at the Complainant. However, the video footage taken on the day, which was played in the Committee shows that the Member was irate and that he did shout at the Complainant.
In an interview after the incident the Member indicated that the Complainant wanted to politicise the issue of policing in communities. Even if the Member was not happy with the manner in which the Complainant addressed the issue at the IMBIZO, the Member, as a Member of Parliament, was required to act in a manner that would maintain the 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.
The Committee found that the that the Member breached item 10.1.1.3 read with 4.1.5 of the Code. Item 10.1.1.3 states that the Member breaches the Code if the Member contravened clauses 4.1 (4.1.5).
Item 4.1.5 states that the Member must 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 representative institution.
After the Member was notified that he breached the Code, he was requested to provide written representations on the sanction to be imposed. The Member then requested to address the Committee in person. This meeting took place on 12 June 2023. The Member also provided written representations to the Committee on 12 June 2023. The representations offered by the Member focused on the fact that he disagreed with the Committee’s finding of breach. The Member also indicated that the Complainant was political in his approach and that his motive is based on deep seated hatred.
The Committee members indicated to the Member that the Committee will recommend a penalty in terms of the Code. The Committee meet on 28 September 2023 to finalise its deliberations on the sanction to be imposed.
RECOMMENDED SANCTION
The Committee recommends that the penalty as contemplated in item 10.7.7.2. of the Code be imposed.
Item 10.7.7.2 of the Code states: 31 Page 4 of 4 “in the event of the Committee finding that that a Member is guilty of contravening clauses 10.1.1.3 … of this Code, the Committee shall not impose any of the above mentioned sanction, but shall recommend any greater sanction it deems appropriate to the House, and the House shall decide the appropriate sanction to be imposed after consideration of the recommendation of the Committee.
The Committee recommends to the House that the following penalty be imposed-
• That the Member enter an apology in the House for his conduct toward Mr. Cameron during the SAPS Imbizo.
REPORT TO BE CONSIDERED
CO-CHAIRPERSONS OF THE JOINT COMMITTEE ON ETHICS AND MEMBERS INTERESTS BEKIZWE SIMON KNOSI MOJI LYDIA MOSHODI