Issued by the Office of the Minister of Education
National Council of Provinces, 16 May 2000
Chairperson
Honourable Members and Delegates
I am pleased to open the debate in this Council which will give consideration to the draft Code of Ethics for Members of the Cabinet, Deputy Ministers and Members of Provincial Executive Councils. This Code has been drafted in accordance with the Executive Members' Ethics Act of 1998. In accordance with the Act the President must, after consultation with Parliament, by proclamation in the Gazette publish a Code of Ethics prescribing standards and rules with which Executive members must comply in performing their official duties.
The Code of Ethics has its origins in our Constitution. In respect of provinces, section 133 holds members of the Executive Council responsible for their functions assigned to them but their Premiers. The Executive Council is collectively accountable and members individually accountable to the provincial legislatures. Section 136 of the Constitution requires that members of Executive Councils "must act in accordance with a code of ethics prescribed by national legislation". Similar provisions apply to members of Cabinet and Deputy Ministers.
In line with the Constitution the Executive Members' Ethics Act (No 82 of 1998) requires that "the President must, after consultation with parliament, by proclamation in the Gazette, publish a code of ethics prescribing standards and rules aimed at promoting open, democratic and accountable government and with which Cabinet members, Deputy Ministers and MECs must comply in performing their official responsibilities". The Act includes in its definitions, the provision that the President is a Cabinet member and that the Premier of a province is included as a member of the Executive Council.
This debate is part of the consultation process envisaged by the Act.
Madame Chairperson, the essence of the Constitutional provisions, the Act and this Code centres around the health of a democracy, and particularly our maturing democratic system in South Africa. This process is determined in the first instance by the notion of disclosure. In 1995 the African National Congress did not impose their disclosure principles on other parties but rather through a process of persuasion was able gain support for the principles. In a democracy persuasion rather than imposition is a vital tool. In the ANC we have a proud history of persuasion because it is only though this route that we are able to gain the public confidence of the public we serve.
Public confidence in government leads to public trust in government and ultimately a respect for the political system in which we operate. It is through confidence and trust that we can stem the pervading public cynicism which provides good cover for the self-seeking in society. Where there is no redress for the downtrodden or retribution for the wicked, the people's sense of justice is understandably appalled, and society ultimately reverts to the law of the jungle, the survival of the fittest. Various international bodies have taken the point, and drawn the conclusion that corruption is wasteful, inflationary and extremely bad business, for nations, for companies and for individuals.
In his speech opening Parliament on 25 June last year President Mbeki committed the Government to the construction of a people-centred society, a partnership between government and the people for progressive change and a better life for all in a caring society.
This partnership is also our strongest weapon against corrupt elements within our society. The fight against corruption must be the duty of every individual and every grouping in society. In fulfilling its role within the partnership, Government has an obligation to set standards of behaviour for the Executive, for its elected representatives and its officials.
In his keynote address to the Public Sector Anti-Corruption Conference on 19 November 1998, President Mbeki said:
"Virtue and good ethical behaviour in the public sector are not inherent to the minds of public officials. The lure of the lap of luxury at state expense must be perennially interrogated through codes of ethics. While these codes may concentrate on financial disclosure, conflict of interest, or aspects of impropriety, they should be thoroughly informed by a set of implicit values and an ethical culture. This implies that a disciplinary approach to regulating the behaviour of public officials must be mediated by an overarching aspirational framework."
Corruption is a pernicious and pervasive social evil. It undermines our ability to attract investment, to create an economic environment that enables growth, employment opportunities and redress for the poor. But it also undermines government itself, in the eyes of the people.
Government is committing to putting into place all the necessary controls and systems in place that will detect corrupt practices speedily and effectively, especially with regard to state finances and assets.
This Draft Code of Ethics applies to Cabinet Members, Deputy Ministers and members of Executive Councils. It deals with:
The Code also introduces provisions for a register of financial interests of the Executive members, to be kept by the Secretary of Cabinet or, in the case of provinces, the Secretary of the Executive Council.
Disclosure of gifts received and financial interests is already required, since 1995, in respect of both executive and non-executive Members of Parliament. The provision for the disclosure of Members Interest, which is a forerunner for this Code, was more than ample evidence of the ANC's commitment to clean and transparent government. It was not brought about by any crisis or any incident that may have occurred but rather through considered foresight by the leadership and membership of the ANC.
The Public Service already has its own Code of Conduct, promulgated in 1997, which has a section that sets standards relating to personal conduct and private interests. The Code is now part of the Public Service Regulatory Framework, and is fully enforceable via the new Public Service Disciplinary Code and Procedures.
Government also has a constitutional obligation to be transparent and responsive.
The essence of transparency is disclosure by government on the one hand and access to information for the people on the other. In South Africa, the right of access to information is guaranteed by the Constitution, and will be further strengthened in the coming months by the coming into operation of the Promotion of Access to Information Act, a legal instrument which binds government to comply with all reasonable requests for information held by it.
The role of a free press in exposing evil and in fostering debate on important issues within our society is critical, and that freedom must be accepted and not conditional. The press has a corresponding duty to report in a responsible manner, though wise government does not prescribe how this is done.
Responsiveness is essential to good governance and the true test of government's accountability to the people. Even the very best systems and controls can be subverted by those who are determined to benefit themselves and others illicitly and illegally. In such instances, the people, the victims and especially the potential beneficiaries have an obligation to report corrupt practices.
In South Africa, there are a variety of constitutionally-entrenched checks and balances against the abuse of power by Government. All of them without exception are greatly enhanced by the active participation of civil society.
This partnership quite correctly places a heavy burden on government, to establish ethical standards, to introduce effective systems and controls, to exercise its powers and perform its duties in a manner that is at all times open to public scrutiny, and to act decisively against wrongdoing where it occurs. Yet Government is not alone in the fight against corruption. Our Constitution has created the institutions and the legal instruments for citizens to obtain redress.
It is our joint responsibility to exercise our rights and fulfil our obligations to the Constitution to give meaning and content to the expression 'good governance', because government can only be genuinely accountable if it is regularly and rigorously called to account by the people who elected them to power.
In this spirit the Code of Ethics is referred to parliament, not only because of the Government's obligation to consult under the law, but because it is part of sound governance to carry the legislature with the executive every step of the way in this critical matter that strikes at the roots of our public life.
Madame Chairperson, we need also give consideration to the National Assembly's Portfolio Committee on Public Service and Administration' recommendation that the committees dealing with rules in Parliament and in the provincial legislatures should consider developing similar codes of ethics to extend the public policy sentiments expressed in the Act to all members of Parliament and provincial Legislatures.
In fact, I would venture so far as to suggest that one needs similar codes for all holders of public office, and I refer specifically to elected representatives of local government structures throughout the country.
In addition codes of ethics, broader than existing codes of conduct, should apply to and be enforceable against public officials at all levels, not only the public representatives. There is a sound case for extending coverage to all senior levels of parastatal and private business activity, areas where before 1994 we have seen substantial corruption and mal-administration.
As I have already mentioned we need to thank the Public Protector for his patient but repeated insistence that Parliament and the Presidency give attention to the finalisation of the Code of Ethics.
In closing I need to stress that we are making these arrangements, as we did with our remarkable Constitution, not because others have told us to do so, or have prescribed in any way. We do so, our own way and for our own national reasons. We do it because it is the right thing to do, for us.
I thank you.