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Speaker of the National Assembly, Ms. Nosiviwe Mapisa-Nqakula, has advised suspended Public Protector, Adv. Busisiwe Mkhwebane, to formally file a complaint with the Joint Committee on Ethics and Members’ Interests regarding her allegations of corruption in the Section 194 Committee investigation into her eligibility to hold office.

The Speaker’s advice is in response to Adv. Mkhwebane’s letter requesting to meet with her and confidentially discuss these claims in order to get advice on how Parliament might proceed with an investigation. 

As the allegations concern the conduct of Members of Parliament, the appropriate course of action would be for Adv. Mkhwebane to file a complaint with the Joint Committee on Ethics and Members’ Interests, through the Office of the Registrar, which is governed by the Code of Ethical Conduct and Disclosure of Members’ Interests for Assembly and Permanent Council Members. 

The Code of Ethical Conduct and Disclosure of Members’ Interests, which is available on the website of Parliament, details what constitutes a violation of the Code and the steps that must be taken during an investigation. 

In response to Adv Mkhwebane’s request for a private discussion of the matter, the Speaker gave her the assurance that, in accordance with the Code, all documents, data, and evidence held by the Registrar must be kept confidential. Additionally, meetings of the Joint Committee on Ethics and Members’ Interests and Sub-Committee must be closed to the public until such time as a finding is reached, which, together with the reasons therefore are made public.

Given that the procedure for referring matters for investigation at the level of Parliament is clearly outlined in the Code and on the website of Parliament, Adv. Mkhwebane did not need to meet with the Speaker to discuss it.

It is important that the Speaker remains impartial throughout this process. 

Issued by the Parliament