Hon Chairperson, the Joint Committee on Ethics and Members' Interests is required to report to both Houses in terms of section 20 of the Code of Conduct for Members of Parliament. This report refers in particular to the Auditor-General's report on the alleged nondisclosure of members' interests for 2009-10.
As at the end of the period under review, all members have submitted their disclosure forms and we would like to thank them for their positive response.
The report noted that only 31 members have not complied with the requirements of the Code of Conduct for Members of Parliament. The Registrar investigated and confirmed 30 breaches of the code in which the committee found that, in most cases, the companies in question were dormant or never had business; the members had not received any benefit therefrom; and there was no wilful intent to mislead the Registrar and the committee.
It was also noted that the majority of members were new and therefore not fully cognisant of their obligations other than the Rules and Code of Conduct for Members of Parliament.
The committee therefore recommends the following: all members who have been found guilty of breaching the code must attend a compulsory briefing on the requirements of the code of conduct and be informed in writing that the nondisclosure of interests is considered seriously; they must correct their existing records in their 2010 disclosure; and they'll be issued a warning that any future nondisclosure could result in the maximum penalty.
While it is clear the onus for full disclosure and compliance with the code rests upon members, the committee has a mandate to assist members to comply. The committee will therefore shortly hold a briefing session on the purposes of the code of conduct and members' obligations. It needs to be stated that compliance with disclosure requirements is essential for the decorum of the House and the general conduct of public representatives in the eyes of the public.
The 49 million or so South Africans expect that we take our responsibilities seriously and that we are fully accountable, transparent and lead by example. By the way, there have been some painful lessons of misconduct by legislatures in other parliaments, such as the House of Commons, and indeed in our own Parliament. We have no wish to interfere in the personal, financial or professional affairs of members, but where this infringes on the public domain, we shall act accordingly, as the code prescribes.
We ask that the House supports energetically the committee's finding and recommendations to enhance honesty and integrity in our parliamentary system. We plead for agreement.
Debate concluded.
Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.