Thanks, Deputy Chairperson. The Joint Committee on Ethics and Members' Interests was established in terms of Joint Rules 121-127 of Parliament to implement the Code of Conduct of the Assembly and permanent Council members, as set out in the Schedule of the Joint Rules. The committee is obliged, in terms of Joint Rule 124(2), to report to both Houses on the operation and effectiveness of the Code at least once per annum. The committee therefore reports to this House as follows.
The 2010 Register of Members' Interests has been compiled, adopted and made public in terms of the requirements of the Code of Conduct, and all members have submitted their disclosure forms, which we as a committee appreciate.
The committee considered 31 allegations of nondisclosure, which were identified by the Auditor-General when the annual audit of Parliament was conducted. The committee finalised the report, which was tabled in both the National Assembly and the National Council of Provinces on 17 November 2010, and adopted in this House last week, on 24 March 2011. The committee did not receive complaints in the period under review.
The committee also has the mandate in terms of Joint Rule 124(b) to develop standards of ethical conduct for Assembly and Council members, and also to regularly review the Code and make recommendations for its amendment. The committee, in its review of the existing Code, has found that a review of the Code should be undertaken and is currently considering a draft revised Code.
The ANC, at its 52nd national conference, resolved on ethics and integrity. Amongst others, it said that leaders in particular should continue to actively promote ethical and democratic values and lead by example; leaders in particular should avoid conflicts of interest, or perceived conflicts of interest, and the movement should provide leadership to society as a whole in the fight against corruption. The private sector, in its national and foreign business dealings, should be held to complying with and promoting the highest standards of sound and ethical corporate governance and social responsibility. The public sector should continue to play a leadership role in ensuring ethical conduct and integrity in all aspects of the national integrity system through multisectoral forums, such as the National Anti- Corruption Forum. South Africa should continue to promote its anticorruption values and interests in continental and international structures.
It is in this spirit that the review will be considered in order to give practical expression to the conference resolution. The committee thus requests the House to adopt the report. I thank you.
Madam Chair, on a point of order: I have been given to understand that when we have such statements the member speaks on behalf of the committee. Contained in at least a third of the report that we have just listened to is a decision taken by the ANC at their conference. Is that part of the report of the committee? If not, then I ask that you rule that it be struck off.
Hon Watson, allow me to say I will definitely give a ruling in the next sitting. I am going to look into the matter and then make the ruling.
Thanks, hon Deputy Chairperson, for recognising me. I am standing! [Laughter.]
Let alone natural ... [Interjections.]
Hon Mlenzana, can you say what you want to say!
What I wanted to check is the implication of your saying: "I will decide". It is an implication in the sense that we were now just about to vote! If you are saying you will come back to this, what implication does that have in the light of the fact that the voting has to take place? [Laughter.]
Deputy Chairperson, in giving the report, the co-chairperson of the committee did not say this was a report from the ANC. Secondly, he said it was the report of the committee, and in further giving the report he did not say that it was the ANC's, but said that in a meeting of the ANC as well, this was how it was agreed.
Madam Chair, on a point of order: You made a ruling. One cannot debate your ruling. The Rules do not allow for your ruling to be debated. The Chief Whip is out of order!
May I make a ruling?
You have. You have already made a ruling.
I am proceeding with this and we are going to vote! I have promised that when I have looked more deeply into the whole issue - I am now repeating this - I will report back to the hon members of the NCOP. May I proceed?
Madam Chair, on a point of order: In connection with the uncertainty about the ruling, can I ask you to suspend business for, say, 10 minutes, and then come back to tell us what your ruling is? This is because there are some uncertainties around voting on the report, especially in connection with the mentioning of the ANC. Thank you.
Hon members, this is how we are going to proceed. We will be dealing with the matter as it stands. It was the work of the committee, and we are now going to proceed.
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.