Appeal to clarify code of conduct for politicians at all levels
TONY Yengeni was failed by Parliament, which should have applied its standards equally to everyone, says Thandi Modise, the National Council of Provinces chairwoman.
“How do you then look at a member who hasn’t declared, is given a chance, declares (and) isn’t called a fraudster today but Tony Yengeni is called a fraudster out there?” she asked.
Modise was referring to the former ANC chief whip’s 2003 conviction for not declaring in the parliamentary register of interests a discount on a luxury 4x4 vehicle he received from one of the arms deal companies.
“He is advised: ‘You aren’t the only one. You should have declared the discount’. Isn’t there anything else we should have done to ensure that he actually understands the gravity of the situation where a member is not declaring and therefore committed whatever in terms of our own rules?” Modise asked. “All our systems must be consistent. If you give advice to correct it, give (the chance to correct) to the other Tony Yengenis.”
Modise was speaking at an ethics workshop on establishing guidelines for elected public representatives hosted by the parliamentary joint ethics committee for parliamentarians and representatives of provincial and local governments.
Modise appealed for codes of conduct to be clear, and not to be regarded as punitive.
Every year, parliamentarians must declare gifts over a certain threshold alongside directorships, properties, sponsorships like travel, income outside their day job as MPs, and pensions. Spouses’ details must also be declared, but remain in the confidential section of the register.
Parliamentarians’ financial disclosures are published on its website and the register is publicly released.
As cabinet ministers and their deputies remain MPs, their financial disclosures are also captured in the national legislature’s register of members’ interests, although, as members of the executive, they also file separate disclosures under the Executive Members Ethics Act. That’s the law under which the president, who is not a member of Parliament, files financial disclosures.
Similar processes happen within provincial legislatures.
The system for councillors in the 278 municipalities is different. According to a 2012 Institute for Security Studies project, many councils don’t have transparent public access to councillors’ financial declarations. Although the 2000 Municipal Structures Act requires them to declare, councils may decide to keep such registers confidential.