ATC131017: Report of the Joint Committee on Ethics and Members’ Interests

Ethics and Members' Interest

REPORT OF THE JOINT COMMITTEE ON ETHICS AND MEMBERS’ INTERESTS

NA

Prof B Turok  (Co-Chairperson)

Dr G Koornhof

Radebe, B A

Ngcobo, BT

Mlangeni,A

Nhlengethwa, D

Luyenge,Z

DA

Dreyer , A

IFP

Van der Merwe, JH

NCOP

Mashile BL  (Co-Chairperson)

Makunyane, T

Moshodi, ML

Rantho,

Z

DA

Bekker, JA

Apologies:

Mabe, BP (sick leave)

Magadla, NW

Ngcobo,BT

Mlangeni,A

Staff present

F Mahomed (Registrar of Members’ Interests)

SD Mkosana (Secretary to the Co-Chairperson – B.L Mashile)

L Myoli (Committee Secretary)

N,Kwetana (Secretary to the Co-Chairperson-Prof B. Turok)

Staff apology

F. Isaacs

1. Adoption of the 2013 Register

The Joint Committee on Ethics and Members’ Interests adopted the 2013 Register and noted that three Members did not submit their disclosures.

It was reported that two Members did not submit their disclosures due to ill health, they are Oriani Ambrosini MG [IFP] and Mnguni PB [COPE]. The Committee agreed to condone these late submissions and extended the deadline for the Members for a period of two weeks after the Member returns from sick leave.

The Committee considered the third non-submission, which was Hon Pule; and noted that her suspension from Parliament had taken effect from 21 August 2013 and expired on the 8 October 2013.  As Hon Pule was suspended, the Committee has granted her a further two weeks from the 9 October 2013 to submit her disclosure.

The Committee also received a report on those Members who failed to comply with the deadline for the disclosure of financial Interests. The Committee agreed that the names of these Members be published in the ATC; and that the Presiding Officer of the relevant House of which the Member is a Member issue a reprimand for late submission.

The following Members failed to comply with the deadline of 23 August 2013:

1.     Boshigo, DF [ANC]

2.     Tinto, B [ANC]

3.     Memela, TC [ANC-NCOP]

4.     Maziya, M [ANC]

5.     Mnisi, NA [ANC]

6.     Madlopha, CQ [ANC]

7.     Madikizela-Mandela, NW [ANC]

8.     Feldman, DB [COPE-NCOP]

9.     Mashatile, SP [ANC]

10.  Mapisa-Nqakula, NN [ANC]

11.  Bhengu NR [ANC]

12.  Ntshiqela, P [COPE]

13.  Ntuli, BM [ANC]

14.  Motshekga, A [ANC]

15.  Chikunga, S [ANC]

16.  Ramtlakane, L [COPE]

17.  Xingwana, L [ANC]

18.  Manuel, T [ANC]

19.  Mokoena , AD [ANC]

20.  Saal, G [ANC]

21.  Ainslie, AR [ANC]

22.  Kota Frederick, Z [ANC]

23.  Mbalula, F [ANC]

24.  Motshekga, M [ANC]

25.  Martins, BAD [ANC]

26.  Magwanishe, GB [ANC]

27.  Maunye, MM [ANC]

28.  Smith, PF [IFP]

29.  Sibande, MP [ANC-NCOP}

30.  Moepeng, JK [ANC]

31.  Ramathlodi, N [ANC]

32.  Mtshali, E [ANC]

33.  Carter, B [COPE]

34.  Bhoola, RF [MF]

35.  Mathale, CC [ANC]

36.  Newhoudt-Druchen, WS [ANC]

37.  Madisha,WM [COPE]

38.  Shilubana,TLP [ANC]

39.  Sogoni, EM [ANC]

40.  Gasebonwe, TMA [ANC]

41.  Magagula, VV [ANC]

42.  Motimele, MS [ANC]

43.  Makgate,NM [ANC-NCOP]

44.  Dikgale, AMC [ANC-NCOP]

45.  Faku, Z [ANC]

46.  Michael NWA [DA]

47.  Mabe, PB [ANC]

48.  Ndude, HN [COPE]

49.  Williams De Bruyn, S [ANC]

50.  Nhanha, MA  [COPE]

51.  Gona, MF [ANC]

52.  Mpheti, SSA [PAC]

53.  Twala, NM [ANC]

54.  Thabethe, E [ANC]

55.  Sexwale, T [ANC]

56.  Mandela, Z [ANC]

57.  Thibedi, JD [ANC]

58.  Montsitsi , SD [ANC NCOP]

59.  Nonkonyane, M  [ANC]

2. CONSIDERATION OF THE COMPLAINT AGAINST HON D  KOHLER BARNARD

The Committee considered the Report of Registrar in which a preliminary investigation was conducted against Hon Kohler Barnard in terms of the procedure for the investigation of complaints. The investigation was in respect of the alleged breach of the confidentiality requirements of the Code of Conduct. It was alleged that Hon Kohler Barnard posted information on her Facebook page during the Pule hearing.  This allegation was considered; the Committee found that there was no evidence to corroborate the allegation that Hon Kohler Barnard posted confidential information. The allegation was accordingly dismissed.

The Committee resolved that the article is misleading, and could therefore cause Hon Kohler Barnard’s reputation harm, and accordingly refers the article to the Press Ombudsman for further investigation.

BL Mashile                                                                                            B Turok

Co-Chairperson                                                                         Co-Chairperson

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