ATC240322: Report by the Joint Committee on Ethics and Members’ Interests on the Non-Disclosures of Members Interests For 2023: 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 2023: 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 2023 disclosure process, reports as follows:

 

The Committee wished to express its concern at the number of Members who did not disclose by the deadline of 30 September 2023. The Committee stressed the point that the disclosure of registrable and financial information is the foundation for holding Members of Parliament accountable on an individual basis. For this reason, the Committee has adopted a no tolerance approach for not submitting a disclosure by the due date. The Committee followed its precedent from 2022 in the harshness of the penalties it recommends to the Houses to implement.

 

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”). Item 9.2.2 also states that if a member has no registrable interests, a “nil” return must be submitted.

 

The due date for the 2023 disclosure of Members’ Interests was 30 September 2023.  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. Of the 454 Members who are required to submit their disclosures, 11 Members failed and/or neglected to submit their disclosures by 30 September 2023.

 

 

NON-DISCOSURES

 

1. HON. JEROME JOSEPH MAAKE, MP
   1. The Member did not submit his disclosure of interests for 2023 by the due date.  
   2. The Acting Registrar of Members’ Interests addressed a letter to the Member dated 02 October 2023 informing the Member of the alleged breach of the Code. The Member was invited to provide the Committee with the reason for his non-submission.
   3. The Member provided a response on 08 October 2023.
   4. The Member indicated that his car was involved in a motor vehicle accident in Polokwane on 28 September 2023. His laptop was in Tzaneen. For the last few days before the closing date, he was attending to issues relating to his car and he forgot about the disclosure.
   5. The Committee did not consider the reason offered by the Member as a valid reason for not disclosing his financial and registrable interests by the due date. The Committee noted that the disclosure process was open for a month and therefore the Member should not have left his disclosure for the proverbial “last minute”. On 20 October 2023 the Committee found that the Member breached item 10.1.1.1 of the Code read with item 9.2.3, on the basis that the Member failed to submit a declaration of interests by the due date and that the reason for the non-disclosure did not mitigate the failure to comply.
   6. The Member was afforded an opportunity to provide written representations on the mitigation of sanction, to be imposed.
   7. The Member stated again that he was in a car accident on 22 September 2023. On 23 September 2023 he tried to send “everything’ through, but he was told by Parliament’s IT department that the software on his computer was outdated and could not link to Marang. That, he had to come in physically to bring his laptop to IT. He stated that it was already late.
   8. The Member asked the Committee to consider the fact that it’s the first time in his 19 (nineteen) years at Parliament, that he is late. He promised that it will never happen again.
   9.  The Committee did not accept the excuse as a valid excuse and rejected it for the purpose of mitigating a sanction. The Committee noted that it was the same reason that the Member offered previously in respect of explaining why he did not submit his disclosure by the due date.
   10. The Committee considered the fact that it is the first time that the Member breached the Code.

 

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 and that the Member be reprimanded in the House.

 

1. HON. THLOLOGELO MALATJI, MP
   1.  The Member did not submit his disclosure of interests for 2023 by the due date. 
   2. The Acting Registrar of Members’ Interests addressed a letter to the Member dated 02 October 2023 informing the Member of the alleged breach of the Code. The Member was invited to provide the Committee with the reason for the non-submission by the Member.
   3. The Member provided a response dated 06 October 2023 which was received on 09 October 2023.
   4. The Member indicated that he failed to submit his disclosure by the due date because of a family emergency. The Member did not give any details of the family emergency or when it occurred.
   5. He stated that he did not act in bad faith and that he is a first-time offender.
   6. The Committee noted that the disclosure is open for a month. This period allows Members to disclose at their own convenience. However, the Committee will not accept excuses where the Member uses a particular time point in the month (i.e. a family emergency) as an excuse for not disclosing. The Member had to ensure that this disclosure was submitted before the due date. The family emergency could not have occurred for the entire month. On 20 October 2023 the Committee found that the Member breached item 10.1.1.1 of the Code read with item 9.2.3, on the basis that the Member failed to submit a declaration of interests by the due date and that the reason for the non-disclosure did not mitigate the failure to comply.
   7. The Member was afforded an opportunity to provide written representations on the mitigation of sanction, to be imposed.
   8. The Member did not provide any written representations.
   9. The Committee considered the fact that it is the first time that the Member breached the Code.

 

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 and that the Member be reprimanded in the House.

 

1. HON. ZWELIVELILE MANDLESIZWE MANDELA, MP
   1. The Member did not submit his disclosure of interests for 2023 by the due date. 
   2. The Acting Registrar of Members’ Interests addressed a letter to the Member dated 02 October 2023 informing the Member of the alleged breach of the Code. The Member was invited to provide the Committee with the reason for the non-submission by the Member.
   3. The Member provided a response on 03 October 2023.
   4.  The Member indicated that for the past 14 years since he became a member, he always submitted his disclosure on time.
   5. He indicated that it was due to personal reasons that he did not submit on time.
   6. The Member begged the indulgence of the Committee and apologised profusely for not submitting hid disclosure timeously.
   7. The Committee did not accept the Member’s explanation that he failed to provide a disclosure because of personal reasons. The Committee noted that the time period of a month is enough time to allow the Member to disclose.
   8. On 20 October 2023 the Committee found that the Member breached item 10.1.1.1 of the Code read with item 9.2.3, on the basis that the Member failed to submit a declaration of interests by the due date and that the reason for the non-disclosure did not mitigate the failure to comply.
   9. The Member was afforded an opportunity to provide written representations on the mitigation of sanction, to be imposed.
   10. The Member provided a letter to the Committee dated 26 October 2023. He stated that he was surprised to learn the Committee found that he had breached the Code. Especially since he indicated that he had an unforeseen personal reason. Also, because he was told that he could submit his disclosure on 11 October 2023 and therefore he complied with submitting his disclosure.
   11. The Member stated that for the last 14 years he never previously submitted his disclosure late and that he always fully complied with the rules and regulations of Parliament.
   12. The Committee noted that the mitigation of sanction offered by the Member is misconstrued for the following reason. The date of 11th October 2023 that was communicated to the Member, was to ensure that the Office of the Registrar and Members’ Interests received his disclosure so that it could be published the Public Register of Members’ Interests. This date was not meant to validate the failure by the Member to submit his disclosure of financial and registrable interests by the due date.
   13. The Committee considered the fact that it is the first time that the Member breached the Code.

 

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 and that the Member be reprimanded in the House.

 

 

1. HON. PHUMEZA THEODORA MPUSHE, MP
   1. The Member did not submit her disclosure of interests for 2023 by the due date. 
   2. The Acting Registrar of Members’ Interests addressed a letter to the Member dated 02 October 2023 informing the Member of the alleged breach of the Code. The Member was invited to provide the Committee with the reason for the non-submission by the Member.
   3. The Member provided a response on 02 October 2023.
   4. The Member apologised for her negligence in not submitting her disclosure on time.
   5. The Member indicated that she kept on postponing doing her disclosure, due to her busy schedule. Further, that her smartphone was handed in for repairs and the mobile phone that she had could not handle technology of this nature. She was out of the country on a trip to Canada and upon her return to South Africa on 30 September 2023 experienced technology challenges.
   6. The Member indicated that he non-compliance with the provisions of the Code was as a result of her own negligence.
   7. On 20 October 2023 the Committee found that the Member breached item 10.1.1.1 of the Code read with item 9.2.3, on the basis that the Member failed to submit a declaration of interests by the due date and that the reasons offered for the non-disclosure did not mitigate the failure to comply.
   8. The Member was afforded an opportunity to provide written representations on the mitigation of sanction, to be imposed.
   9. The Member did not provide any written representations.
   10. The Committee considered the fact that it is the first time that the Member breached the Code.

 

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 and that the Member be reprimanded in the House.

 

1. HON. XOLANI NKULEKO MSIMANGO, MP
   1. The Member did not submit his disclosure of interests for 2023 by the due date. 
   2. The Acting Registrar of Members’ Interests addressed a letter to the Member dated 02 October 2023 informing the Member of the alleged breach of the Code. The Member was invited to provide the Committee with the reason for the non-submission by the Member.
   3. The Member provided a response on 17 October 2023.
   4. The Member indicated that he had family issues at home that disturbed him and therefore could not submit his disclosures. The Member apologised to the Committee.
   5.  The Committee noted that the reason given by the Member was not sufficient to justify his failure in not meeting the due date for submission. On 20 October 2023 the Committee found that the Member breached item 10.1.1.1 of the Code read with item 9.2.3, on the basis that the Member failed to submit a declaration of interests by the due date and that the reason for the non-disclosure did not mitigate the failure to comply.
   6. The Member was afforded an opportunity to provide written representations on the mitigation of sanction, to be imposed.
   7. The Member did not provide any written representations.
   8. The Committee noted that it is the first time that the Member breached the Code.

 

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 and that the Member be reprimanded in the House.

 

1. HON. XOLA NQOLA, MP
   1. The Member did not submit his disclosure of interests for 2023 by the due date.
   2. The Acting Registrar of Members’ Interests addressed a letter to the Member dated 02 October 2023 informing the Member of the alleged breach of the Code. The Member was invited to provide the Committee with the reason for the non-submission by the Member.
   3. The Member provided a response on 06 October 2023.
   4. The Member indicated that after the burning of the National Assembly he only comes to the Parliamentary precinct when he is instructed by his party whip to do so. This is because he does not have an office in Parliament.
   5. He attended the vote on the removal from office of the Public Protector on 11 September 2023 and therefore could not access that ICT help on that day.
   6. On 12 September 2023 he was at the Parliamentary precinct again, but the ICT office was full, and ICT could not help all the members before the sitting of the House at 14H00.
   7. On 13 September 2023 he left for the Eastern Cape as he had to attend the Provincial and Regional Manifesto Review on the instruction of his political party. The network signal in the area is very bad.
   8. He then sought the help of PX Limba Incorporated Attorneys to do his disclosures. The Member wanted the Committee to know that the people who were allocated to assist him were never readily or always available.
   9. He was not able to reach the person allocated to his “surname” on the list for assistance.
   10. The Member stated that he did not blame anybody for his non-disclosure, but himself.
   11. On 20 October 2023 the Committee found that the Member breached item 10.1.1.1 of the Code read with item 9.2.3, on the basis that the Member failed to submit a declaration of interests by the due date and that the reason for the non-disclosure did not mitigate the failure to comply.
   12. The Member was afforded an opportunity to provide written representations on the mitigation of sanction, to be imposed.
   13. The Member did not provide any written representations.
   14. The Committee considered the fact that it is the first time that the Member breached the Code.

 

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 and that the Member be reprimanded in the House.

 

1. HON. ITUMELENG VUTHA NTSUBE, MP
   1. The Member did not submit his disclosure of interests for 2023 by the due date.
   2. The Acting Registrar of Members’ Interests addressed a letter to the Member dated 02 October 2023 informing the Member of the alleged breach of the Code. The Member was invited to provide the Committee with the reason for the non-submission by the Member.
   3. The Member provided a response on 07 October 2023.
   4. The Member indicated that the National Council of Provinces had a busy schedule during September 2023. During the same month he also had to undergo a multiparty whippery study tour in Germany which was followed by the BRICS Parliamentary Forum in Johannesburg.
   5. That during that time he encountered problems with the system and his password. When he contacted the support staff, he was too late.
   6. The Member apologised to the Committee.
   7. On 20 October 2023 the Committee found that the Member breached item 10.1.1.1 of the Code read with item 9.2.3, on the basis that the Member failed to submit a declaration of interests by the due date and that the reason for the non-disclosure did not mitigate the failure to comply.
   8.  The Member was afforded an opportunity to provide written representations on the mitigation of sanction, to be imposed.
   9. The Member did not provide any written representations.
   10. The Committee considered the fact that the Member breached the Code is 2019, and in 2020. That this is the third time that the Member breached the Code.
   11. In 2019 the Member breached the Code on the same grounds. The Committee report was ATC’d on 7 June 2021 and on 7 December 2021 the House adopted the finding and imposed the penalty. In 2020 the Member breached the Code on the same grounds. The Committee report was ATC’d on 24 November 2021 and on 7 December 2021 the House adopted the finding and imposed the penalty.
   12. The Committee noted that because this is the Memebr’s third offence, that the maximum penalty be recommended to the House.

 

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 30 (thirty) day’s salary and that the Member be reprimanded in the House.

 

1. HON. NOKUZOLA GLADYS TOLASHE, MP
   1. The Member did not submit her disclosure of interests for 2023 by the due date. 
   2. The Acting Registrar of Members’ Interests addressed a letter to the Member dated 02 October 2023 informing the Member of the alleged breach of the Code. The Member was invited to provide the Committee with the reason for the non-submission by the Member.
   3. The Member provided a response on 04 October 2023.
   4. The Member apologises for not submitting her disclosure by the due date.
   5. The Member indicates that she could not attend to the disclosure due to a family responsibility matter that needed her attention in East London. That she could not access the system because accessing the system and loadshedding was a problem.
   6.  On 20 October 2023 the Committee found that the Member breached item 10.1.1.1 of the Code read with item 9.2.3, on the basis that the Member failed to submit a declaration of interests by the due date and that the reason for the non-disclosure did not mitigate the failure to comply.
   7. The Member was afforded an opportunity to provide written representations on the mitigation of sanction, to be imposed.
   8. The Member states she should have communicated with the office responsible and sensitise them of the glitches of network that she was experiencing. She states that she had a family bereavement.
   9. The Member pleads for leniency and a possible withdrawal of sanction.
   10.  The Committee considered the fact that the Member breached the Code is 2019. That this is the second time that the Member breached the Code.
   11. In 2019 the Member breached the Code on the same grounds. The Committee report was ATC’d on 7 June 2021 and on 7 December 2021 the House adopted the finding and imposed the penalty.
   12. The Committee noted that because this is the Memebr’s second offence, that the Member should be fined more than 20 days but less than 30 days.

 

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 25 (twenty-five) day’s salary and that the Member be reprimanded in the House.

 

1. HON.  MOHATLA ALFRED TSEKI, MP
   1. The Member did not submit his disclosure of interests for 2023 by the due date. 
   2. The Acting Registrar of Members’ Interests addressed a letter to the Member dated 02 October 2023 informing the Member of the alleged breach of the Code. The Member was invited to provide the Committee with the reason for the non-submission by the Member.
   3. The Member provided a response on 06 October 2023.
   4. The Member stated that there was no bad faith from his side. He takes instructions from leaders without fail. He works very hard to respond to and respect deadlines, but procrastination is the reason for his non-disclosure.
   5. On 20 October 2023 the Committee found that the Member breached item 10.1.1.1 of the Code read with item 9.2.3, on the basis that the Member failed to submit a declaration of interests by the due date and that the reason for the non-disclosure did not mitigate the failure to comply.
   6. The Member was afforded an opportunity to provide written representations on the mitigation of sanction, to be imposed.
   7. The Member stated that he had no intent of malice. All his previous submissions were done on time. In his nine years of service between the Gauteng Legislature and Parliament, he was never called to appear for any wrongdoing.
   8. He stated that in the last two days of the declaration his laptop was flat. He was out in rural areas and could not charge his laptop. He states that this will never happen again. 
   9. The Committee considered the fact that it is the first time that the Member breached the Code.

 

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 and that the Member be reprimanded in the House.

 

1. HON.  JUDITH TSHABALALA, MP
   1. The Member did not submit her disclosure of interests for 2023 by the due date.
   2.  The Acting Registrar of Members’ Interests addressed a letter to the Member dated 02 October 2023 informing the Member of the alleged breach of the Code. The Member was invited to provide the Committee with the reason for the non-submission by the Member.
   3. The Member provided a response on 05 October 2023.
   4. The Member states that she holds ethical standards in the highest regard. Further, that she has consistently adhered to them throughout her tenure as a Member. The Member apologises for the oversight in not submitting her disclosure which is a deviation from her usual practice.
   5. The Member states that she experienced unexpected personal and professional challenges that temporarily hindered her obligation to fulfil he obligation within the stipulated time.
   6. The Member states that she used IT staff based in Pretoria who are familiar with the system to assist her, but that Parliament’s ICT staff could not resolve the issues.
   7. The screen shots of the WhatsApp messages show that communication started at about 23H33 on Saturday 30 September 2023 to the staff members in the Office of the Registrar.
   8. The Committee rejected the reason given by the Member as it is inexcusable for a Member to blame staff for her non-disclosure when the communication started approximately 27 minutes before the end of the disclosure period on 30 September 2024.
   9. On 20 October 2023 the Committee found that the Member breached item 10.1.1.1 of the Code read with item 9.2.3, on the basis that the Member failed to submit a declaration of interests by the due date and that the reason for the non-disclosure did not mitigate the failure to comply.
   10. The Member was afforded an opportunity to provide written representations on the mitigation of sanction, to be imposed.
   11. The Member asked that the explanation given in response to the reason of her failure to comply with the deadline, be considered for the mitigation of sanction.
   12. The Committee considered the fact that it is the first time that the Member breached the Code.

 

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 and that the Member be reprimanded in the House.

 

1. HON.  AUDREY SIBONGILE ZUMA, MP
   1. The Member did not submit her disclosure of interests for 2023 by the due date. 
   2. The Acting Registrar of Members’ Interests addressed a letter to the Member dated 02 October 2023 informing the Member of the alleged breach of the Code. The Member was invited to provide the Committee with the reason for the non-submission by the Member.
   3. The Member provided a response on 03 October 2023.
   4. The Member states that she encountered various technical challenges as she resides in a rural area. She sent the form manually to Ms Linda Harper of the Members’ Support Division on 19 September 2023.
   5. The Member apologises for the inconvenience caused and indicates that she understands the importance of timely submissions.
   6. On 20 October 2023 the Committee found that the Member breached item 10.1.1.1 of the Code read with item 9.2.3, on the basis that the Member failed to submit a declaration of interests by the due date and that the reason for the non-disclosure did not mitigate the failure to comply.
   7. The Member was afforded an opportunity to provide written representations on the mitigation of sanction, to be imposed.
   8. The Member did not provide any written representations.
   9. The Committee considered the fact that it is the first time that the Member breached the Code.

 

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 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