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Ethics Framework FOR Members of The Gauteng Provincial Legislature
Ethics Framework FOR Members of The Gauteng Provincial Legislature
FOR
MEMBERS OF THE GAUTENG
PROVINCIAL LEGISLATURE:
“Workshop on the Code of Conduct for Public Office
Bearers: The Joint Committee on Ethics and Members
Interest”
• I am Dr Ralph Mgijima, the Integrity Commissioner (IC) for the Gauteng Provincial Legislature. I would like to thank the Chair of the
Joint Committee on Ethics and Members Interest for giving me the opportunity to present to you on the Code of conduct for Members of
the GPL.
Functions of the IC
• investigate and report on charges of breach of privilege and contempt against Members; (dealt
with according to The Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act
(Act No 4. Of 2004).
•The Rules of the GPL set out the procedure that must be followed in instances where a complaint relating to contempt has
been lodged with the Speaker of the Legislature.
(a): That upon receiving a complaint in relation to contempt, the Speaker will either deal with the matter or
refer the matter to the Privileges and Ethics Committee.
(b): If the matter has been referred to the Privileges and Ethics Committee, the Secretary to the legislature
must prepare a report (memo) outlining the facts, legal principles and practices which have relevance to the compliant.
4
THE PRIVILEDGES AND ETHICS COMMITTEE:
Cont…
• When the Privileges and Ethics Committee has completed its investigation; it must table a report on
its findings and recommendations for consideration by the House.
5.
THE PRIVILEDGES AND ETHICS COMMITTEE:
Cont…
•The IC investigates cases of breach of the COCE and submits reports and recommendations to the Privileges
and Ethics Committee.
•The Privileges and Ethics Committee considers the reports of the IC and tables its recommendations to the
House.
•The House adopts the recommendations and sanctions as recommended by the Committee
6
:
CODE OF CONDUCT AND ETHICS FOR MPL’S
GENERAL:
•The COCE outlines the minimum ethical standards of behaviour that South Africans expect of elected
representatives, including: upholding propriety, integrity and ethical values in their conduct.
•It provides the Legislature with a set of values to guide the conduct of Members in their capacity as public
representatives.
•The COCE also prescribes the minimum standards for disclosure and provides for the establishment of a
Register of Interests.
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APPOINTMENT OF THE INTEGRITY
COMMISSIONER
The COCE for the Members of the GPL provides for the appointment of an IC
•The Speaker calls for nominations of persons from Members of the public to fill the position of IC.
•The requirements for the position of an IC are : integrity and honesty, knowledge of law, public policy, politics and
socio-economic issues.
•The COCE states that the Speaker, after consultation with the leaders of the parties represented in the Legislature,
shall appoint a person to be the IC. (but the convention has been a multi-party interview panel).
•The Speaker presents the appointment of the IC to the House for adoption by a two-thirds majority.
•The removal of the IC due to misconduct or abuse of power, shall be subject to the same procedure.
•The IC may not remain in office for more than two legislative terms.
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FUNCTIONS OF THE IC
Electronic Submission
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FUNCTIONS OF THE IC. Cont…
• Investigations:
Receipt of complaints
Self Initiated
KEY REQUIREMENTS OF THE CODE.
• In terms of this function Members are required to submit their respective declarations of interest to my
office within 30 days from the date of the opening of the legislature each year.
•Although not specifically stipulated in the old COCE, Members will be required to update their
declarations of interests forms at any time during the year when these interest change.
•8
KEY REQUIREMENTS OF THE CODE. Cont….
• In terms of section 20 of the COCE all Members, including MEC’s are required to register the
following financial interests in the Register of Members’ Interest.
(i) The number, nature and nominal value of shares of any type in any public or private company;
(iii) The nature and value of any other financial interests held in a private or public company
or any cooperate entity
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KEY REQUIREMENTS OF THE CODE. Cont….
• Ownership of land or property
• Pension
(i) The nature and source of any other benefit of a material nature;
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KEY REQUIREMENTS OF THE CODE. Cont….
• Employment outside the Legislature: (Approved by Party)
(ii) The name, and type of business activity, of the employer; and
• Consultancies
(ii) The name, and type of business activity, of the client concerned; and
(iii)The amount of any remuneration or other benefits received for such a consultancy or retainership.
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KEY REQUIREMENTS OF THE CODE. Cont….
(i) The name and type of business activity, of the corporate entity or partnership;
(ii) The amount of any remuneration received for such directorship or partnership
• Gifts and hospitality received by a Member from a source other than a family member or
permanent companion
(i) A description, value, and source of a gift with a value in excess of R 500.00 and or gifts from a
single source which cumulatively exceed the value of R 500.00 in any calendar year; and;
12
KEY REQUIREMENTS OF THE CODE. Cont….
• Foreign travel
(other than personal visits paid for by the Member, business visits unrelated to the Member’s role as a
public representative and official and formal visits paid for by the state or the Member’s party).
• Sponsorship
(i) The source and description of direct financial sponsorship or assistance from non-party sources; and
13
KEY REQUIREMENTS OF THE CODE. Cont….
CONFIDENTIAL SECTION OF THE FORM:
•Information disclosed with regard to immediate family (spouse, permanent companion or dependent
child) is kept in the confidential part of the Register, unless a member at his own discretion decides it
can be disclosed to the public.
•The value of the financial interests in a corporate entity other than a private or public company.
The amount of any remuneration for any employment outside the Legislature.
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KEY REQUIREMENTS OF THE CODE. Cont….
Details of foreign travel when the nature of the visit requires those details to be confidential.
Details of private(s) residences such as the value of the property and bond indebtedness relating to
residential property should be disclosed in the confidential section,
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SHARED EXPERIENCES: CANADA
•Separate Budgets
•The IC’s/ Ethics Commissioners reports directly to Parliament through the Speaker and on some
matters reports to Standing Committees.
11.
REVIEW OF THE COCE
• The Privileges and Ethics Committee is finalising the review of the COCE:
• Independence of the IC: Decision Making; Administration and Management of the Office; Budget
Interactions with Co-Chairpersons and the Registrar of the Joint Ethics Committee of National Parliament.
Proceedings of a stakeholder meeting convened by National Parliament attended by the Sedibeng Municipal
District and the Privileges and Ethics Committee of the GPL and IC (20 March 2015).
Study visit to Canada undertaken by the Privileges and Ethics Committee of the GPL (November 2014).
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GAUTENG ETHICS SECTOR FORUM
• The Privileges and Ethics Committee of the GPL has proposed the establishment of a Gauteng Ethics Sector Forum. This forum
will serve as a Sub-Committee of the Gauteng Speakers Forum
The launch of the Forum is envisaged to take place during the third quarter of this year.
• Strengthen collaboration in the legislative sector for on-going learning and sharing of best practices
• Improve synergy of the Privileges and Ethic Standing Committees across the Gauteng Legislative Sector
• The Forum will not serve as a decision making body in the resolution of ethical dilemmas. Accordingly, its role will be to serve as
a resource and to provide recommendations (only) to members in matters requiring ethical decision-making and interpretation).
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PROPOSED LEGISLATION: INTEGRITY ACT
• A Province wide Integrity and Conflict of Interest Act is presently under consideration
Lobbyists Registration
QUESTIONS
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