Chairperson, the Joint Rules of Parliament mandate the Joint Committee of Ethics and Members' Interests to review the code as and when required.
The committee took over the incomplete work of the Third Parliament on the review of the Code. The committee then adopted the incomplete work as a working document. Further improvements have been made to the document since 2009. The code, as it stands now, is a product of the committee; one which all parties support. Note should be made that further improvements will be made in the Fifth Parliament if necessary. At no stage shall we have a perfect document.
The code brings in principles that will guide Members of Parliament as they execute their work as public representatives. These principles are selflessness, integrity, objectivity, openness, honesty and leadership.
This code must be read with the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act; Prevention and Combating of Corrupt Activities Act; and Financial Management of Parliament Act, amongst other documents. Of course, amongst them all the Constitution reigns supreme.
Included in this code are standards of ethical conduct that members must uphold. These include but are not limited to maintaining public confidence and trust in the integrity of Parliament. We also outlined conflict of financial or business interests. The requirement to resolve any possible conflict of interests and declaration thereof is highlighted in the code.
A number of prohibited activities that may give rise to conflict are listed to guide members. Here, Chair, we are asking members really to observe these and raise an awareness, because conflict of interest is key in the behaviour and the conduct of Members of Parliament.
The code prohibits a member from doing business with any organ of state. A process for approval and declaration of doing work outside Parliament is outlined. Here we are asking all parties really to observe the processes of approval for their members to do business outside Parliament. Members are required to observe this.
The breaches have been separated in terms of ordinary noncompliance with the disclosure requirements and the more serious prohibited activities that may attract serious sanctions. The penalties are also designed in terms of the severity of breaches.
What is a more marked inclusion in this code is the provision for the recommendation of an appropriate sanction to the appropriate House. Here we are referring to breaches, such as conflict of interest and prohibition of doing work with any organ of state, because these prohibitions may be subject to serious sanctions that are not spelled out in the code.
The provision has been made for it that the committee will make a recommendation to an appropriate House and if it agrees, then the sanction will be approved in the specific House. As the committee, we are satisfied that the code will bring a new normality to the ethical conduct and declaration of Members of Parliament. The code will enhance the safeguarding of the decorum of Parliament and create public trust in public representatives. We, therefore, expect that after passing this code in both Houses, a workshop on the code must be held to ensure clarity on the requirements. The matter of the code completes the annual-report process of this committee for 2013, which has been tabled in Parliament.
Chairperson, it is important that the public accesses this code in order to have reasonable expectations on the basis of the requirements the code places on members. Members of the public can make submissions to the committee for consideration when the code comes up for review.
It is expected that the code will be a living document that will speak to the current conditions impacting on the lives of public representatives.
I therefore present the Code of Ethical Conduct and Disclosure of Members' Interests for Assembly and Permanent Council Members for consideration and adoption by the Council. I thank you, Chairperson. [Applause.]
Debate concluded.
Declaration of vote:
Hon Chair and colleagues, after five years as a member of the Joint Committee on Ethics and Members' Interests, it is nice to report that this committee grew into a state of maturity.
It is a great pleasure to support the code of conduct on behalf of the DA. When you become a member of this committee, it means that you will be there as a Member of Parliament and not as a representative of any political party. Members of this committee should maintain high standards of moral and ethical values. This is of the utmost importance to have clean government. I thank you. [Applause.]
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.