Ethics act review date long expired
Committee has yet to consider matter
Parliament has failed to meet the deadline set by former public protector Thuli Madonsela in the State of Capture report, including reviewing‚ within 180 days‚ the executive members’ ethics act.
Yesterday, the Council for the Advancement of the South African Constitution (Casac) called on National Assembly Speaker Baleka Mbete and the portfolio committee on justice and correctional services to deal with the review as a matter of urgency.
The review will deal with, among other things, how transgressions of the ethics code by the president should be processed‚ said Casac executive director Lawson Naidoo.
In her report Madonsela said parliament must review‚ within 180 days‚ the executive members’ ethics act to provide better guidance regarding integrity‚ including avoidance and management of conflict of interest. This‚ the report stated‚ should clearly define responsibilities of those in authority regarding a proper response to whistleblowing. Consideration should also be given to a transversal code of conduct for all employees of the state.
Furthermore‚ the report stated‚ the president must ensure that the executive ethics code is updated.
Casac said the six-month period had long expired‚ and correspondence with parliament indicated that the speaker only referred the report to the portfolio committee of justice and correctional services on February 16.
The committee has yet to consider the matter‚ and the speaker wrote to the committee again on June 14 requesting a timeline for the completion of the review.
“There appears to have been no response from the committee to the speaker… this demonstrates once again‚ following the experience of the Nkandla debacle and the judicial admonishment of the National Assembly by the Constitutional Court‚ parliament’s dilatory approach in dealing with reports from the office of the public protector‚” said Naidoo.
The report highlighted how the Gupta family had gained control of government and state-owned enterprises. It called for the establishment of a commission of inquiry into the matter.
However‚ President Jacob Zuma has challenged the report in court‚ arguing that Madonsela’s directives undermine the separation of powers.
Madonsela recommended that the chief justice appoint a judge to oversee the commission. But Zuma said the constitution gives the power to appoint a commission of inquiry to the president.
‘‘ There appears to have been no response