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DA: Statement by Athol Trollip, Democratic Alliance Parliamentary leader, on the Public Protectors report on the financial interests of Members of the Executive (27/06/2010)

27th June 2010

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I have submitted a letter to the Secretary of the National Assembly, Mr Mohamed Kamal Mansura, to ascertain what action has been taken with regards to recommendations made by the Public Protector, Adv Thuli Madonsela, concerning the Register of Financial Interests of Members of the Executive.

These recommendations were published in a report detailing a recent investigation by the Public Protector into President Jacob Zuma's non-disclosure of his financial interests. In this report, the Public Protector urged that a number of corrective steps needed to be taken with regards to the Register of Members' Interests, particularly concerning its administration. Key proposed changes included:

• Upgrading administrative capacity, specifically such that quality compliance support is available to members of the executive;
• Improving administrative support mechanisms to ensure compliance by members of the executive: specific concerns include the level and mandate of the person specifically charged with managing the Register (Registrar) for the Cabinet Secretary and the fact that the Secretary of the Cabinet is actually not the de facto Registrar; and
• Balancing confidentiality with accountability: confidentiality is potentially compromised as more than one person appeared to be assisting the Secretary of the Cabinet with the management of the Register

In her report, Adv Madonsela also raised concerns that no action had been taken with regards to a number of recommendations made as a result of previous investigations into financial non-disclosure by members of the executive. High-ranking government officials implicated in these investigations included former Deputy President Phumzile Mlambo-Ngcuka and former Minister of Public Service and Administration, Ms G J Fraser-Moleketi. Madonsela also cited recommendations which had accompanied an investigation into an alleged breach of the Executive Members' Ethics Act by President Jacob Zuma during his tenure as Deputy President. The DA will this week be submitting parliamentary questions to determine what action was taken against each of the officials implicated in these investigations should the Public Protector have found them to be in breach of the Executive Ethics Code.

The Secretary of Cabinet must supply answers as to why the Public Protector's early warnings about the gaping flaws in the executive members' financial declaration process were left unheeded. The President's flagrant flouting of the law in disclosing his financial interests 245 days late, Cabinet's decision not to impose any sanctions for this misconduct, and the tardiness with which the Public Protector's recommendations have been received thus far, are further evidence that the ANC is a party which places little value on the most fundamental principles on which our democracy rests- accountability and transparency.

A copy of the letter follows below. Appendices are available on request.

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