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National Assembly backs reports of Joint Committee on Ethics and Members’ Interests

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National Assembly backs reports of Joint Committee on Ethics and Members’ Interests

National Assembly

29th November 2023

By: Lumkile Nkomfe
Creamer Media Reporter

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The National Assembly has endorsed the reports of the Joint Committee on Ethics and Members’ Interests involving complaints against key public officials, who were deemed to have breached the Code of Ethical Conduct and Disclosure of Members’ Interests.

The implicated officials include Small Business Development Deputy Minister Dipuo Peters and her failure to appoint a Group CEO of the Passenger Railway Agency of South Africa (PRASA) in her previous role as the Minister of Transport; Economic Freedom Fighters deputy president Floyd Shivambu and his alleged involvement in the Venda Mutual Bank (VBS) scandal; Police Minister Bheki Cele and his belligerent engagement with Community Safety at Action Society director Ian Cameron amid a failure to protect the communities of Gugulethu and Nyanga in the Western Cape; and Member of Parliament Nomsa Kubheka for her failure to disclose her interests by the November 30, 2022 deadline.

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Complaints were brought forward against Peters in 2022 by Abdurrazack Achmat and Zukiswa Fokazi, who alleged that her failure to appoint a Group CEO of PRASA resulted in a loss of R1 767 000 that was paid to a recruitment company.

It has also been alleged that Peters used PRASA busses for African National Congress events in 2014 and 2015 without ensuring payment from the ruling party and that she influenced procurement proceedings at PRASA based on the nationality of tender applicants.

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The committee found that Peters failed to discharge her obligations in accordance with the Constitution, Parliament and the public at large.

“Following its deliberations, the committee found Ms. Peters to have breached item 4.1.3, 4.1.4 and 4.1.5 of the Code of Ethical Conduct as the member on all occasions failed to act in accordance with the public trust placed in her,” said Parliament spokesperson Moloto Mothapo.

Complaints levelled at Shivambu are owing to a failure to disclose his interests in 2017 and 2018. The complainants alleged that Shivambu benefitted from payments received from VBS-affiliated company SgamekaProjects.

“During its investigation, having summoned the Liquidator in the VBS matter, the committee received an affidavit in the form of a report which highlighted that a total of R180 000 was transferred from SgamekaProjects to Mr. Shivambu,” said Mothapo.

The committee has pushed for the House to impose a nine-day salary reduction penalty against Shivambu.

The complaints against Cele emanated from an irate verbal altercation with Cameron during a committee meeting that was held on July 5, 2022. Cameron alleges that Cele’s aggressive remarks displayed through shouting at him to “shut up”, “get out” and later being removed by the police services were not in accordance with the behaviour and temperament of a public official assuming high office.

Cele has responded to the allegations levelled at him by concluding that belittling, vindicative and personal attacks by Cameron were masqueraded as constructive complaints.

“During its deliberations, the committee noted that the member in his written representations did not specifically address the incident that included the allegation that he shouted “shut up” at the complainant. However, the video footage taken on the day, and which was played by the committee shows that the member was irate and that he did shout at the complainant,” said Mothapo.

Lastly, the Code of Ethical Conduct and Disclosure of Members’ Interests requires MPs to reveal registrable interests annually at a time determined by the Joint Committee on Ethics and Members’ Interests and Kubheka had failed to do so.

As a result, the committee’s report suggests that she be fined 20-days salary and be reprimanded. 

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