Fransman wins his appeal against Conduct Committee

ANC provincial leader Marius Fransman has won his appeal against a decision by the Western Cape Parliament’s Conduct Committee that he be forfeited a month’s salary for failing to declare his interests on time.

Fransman, with ANC MPL Trudy Dijana, were both in hot water for declaring their interests after the deadline for members of the provincial legislature.

The Conduct Committee subsequently found them guilty of breaching the code of conduct for members. The chairman of the Conduct committee, Denis Joseph, said Dijana was handed a letter of reprimand while Fransman was penalised a month’s salary. Both appealed the sanctions.

Joseph said the deadline for MPLs to declare their interests was April 30, but Fransman and Dijana, respectively, submitted their forms on May 5 and 7.

The pair lodged appeals on procedural grounds, saying the Conduct Committee did not follow procedures as stipulated in the code of conduct for members.

After obtaining two conflicting interpretations of the code of conduct, including legal advice and that of the Registrar, the Appeals Committee, headed by the Speaker, set aside the findings of the Conduct Committee and upheld the appeals.

In a committee report, the Appeals Committee said it was of the view that the code should be reviewed as a matter of urgency, in respect of the powers and functions of the Conduct Committee in order to rectify any possible shortcomings.

It further suggested that until such time the code had been suitably amended to eliminate possible shortcomings, all alleged breaches should be investigated in terms of the complaints procedure prescribed in the code.

Pierre Uys, ANC chief whip in the legislature, said the DA had again failed in their attempt to punish the pair.

Uys said Fransman had notified the legislature ahead of time that he was out of the country and requested an extension. But the legislature went ahead with its “frivolous and vexatious” actions, said Uys.

Uys added that in a dramatic about turn, the legislature announced last week that the findings of the conduct committee would be set aside.