DA will be writing to President Zuma to request that a "cooling off" period be incorporated into all ministerial performance contracts
DA will also be submitting a Private Member's Bill to propose a related amendment to the Executive Ethics Code
Such regulation is essential to prevent unethical conduct by ministers when they leave public office





I will today be writing to President Jacob Zuma to request that a clause concerning a "cooling off" period for ministers be added to all ministerial performance agreements. This clause would seek to prevent ministers from taking part in related activities in the private sector for a certain period of time after leaving public office. In addition, the Democratic Alliance (DA) will be submitting a Private Member's Bill that will propose amendments to the Executive Ethics Code in this regard. The importance of such regulation has been given renewed emphasis in the light of the recent cabinet changes, which saw the most sizeable reshuffle of the executive between elections since 1994.

The introduction of a "cooling off period" will provide an essential safeguard against government ministers capitalising on the influence and privileged information they obtain while in office, and using it for private gain. President Zuma claimed that the basis for his reshuffle was the fact that his administration was seeking to prioritise service delivery. In this regard, ministers have been made to sign performance agreements so that they adhere to the stated objectives of the administration. Our proposed addition to their performance agreements seeks to underline that accepting to serve in cabinet brings with it an ethical commitment that is the epitome of public office.

Following public concern in 2001 after former Defence Minister Jeff Radebe entered the defence business shortly after leaving his government post, President Mbeki's cabinet announced it was looking into guidelines that would "give clarity to the issue of conventions that should apply to office-bearers when they leave public office." However, after an initial show of commitment for the proposal, successive ANC governments have failed to enact any such regulation. While concerns continue to be raised about ministers - such as former Minister of Public Entities, Alec Erwin - who have moved from being public office bearers to profitable businesspeople in areas related to their cabinet portfolios, it seems there is a distinct lack of political will to address such ethically suspect conduct.

The DA will be submitting a parliamentary question to the Minister of Justice and Constitutional Development, Jeff Radebe, who heads the current ethics review being conducted by cabinet, as to whether the cooling off period is one of the ethics proposals under consideration. The decision to appoint Radebe as head of the review committee is deeply ironic, given that it was his questionable conduct in 2001 that lead to the initial discussion about the cooling off period proposal. Radebe's appointment has undermined the legitimacy of the review committee and is an indication of how little political will exists in the Zuma administration to effectively clamp down on unethical conduct by members of the executive.

Much has been made of how the recently signed ministerial performance agreements demonstrate the Zuma administration's commitment to accountability; however, accountability is inextricably linked to openness and transparency. If President Zuma places as much emphasis on the ministerial performance agreements as he says he does, and if he is as serious about accountability as he says he is, he should further ensure the promotion of openness and transparency by incorporating "cooling off" clauses into ministers' contracts. Much as ministers are prohibited from abusing their influential positions for personal gain while in their positions, the introduction of such a provision would help to ensure that officials comply with similar codes of conduct when they leave public office.