Parliament, Friday, 23 May 2024 – The Joint Committee on Ethics and Members’ Interests welcomes the judgement delivered by the Western Cape High Court on 21 May 2025, which reaffirmed a fundamental principle underpinning South Africa’s constitutional democracy: Members of Parliament (MPs) remain bound by the Code of Ethical Conduct and Disclosure of Members’ Interests, even when serving in roles outside the strict bounds of parliamentary proceedings, such as appointments to the Judicial Service Commission (JSC).
The High Court’s decision in Malema v The Speaker of the National Assembly and Others confirms that Members of Parliament do not set aside their ethical obligations when performing duties on external constitutional bodies. Rather, they carry their responsibilities as public representatives into every forum where they serve.
This judgement follows a complaint received and investigated by the joint committee, concerning the conduct of a Member of Parliament during a JSC interview for a judicial candidate. The court upheld the committee’s finding that the member acted in breach of the code by failing to act in accordance with the public trust and by failing to place the public interest above personal or party-political interests.
The committee reaffirms the purpose of the code of ethical conduct, as set out in its preamble and item 2.1: to provide a framework for integrity, accountability, and public trust in Parliament and its members. The code applies at all times to all members, whether they are sitting in the House, engaging in committee work, or representing Parliament on constitutional bodies like the JSC.
The High Court’s judgement reinforces several key principles:
1. Parliament’s oversight role extends to the conduct of MPs designated to the JSC and other institutions.
2. Accountability and integrity must be upheld by MPs in all public duties, especially in sensitive institutions like the judiciary, where independence and impartiality are paramount.
3. The Code of Ethical Conduct is not limited by location or context; its reach is coextensive with the office held by any elected member.
This outcome serves as a vital reminder that ethical governance is not situational. Our democratic institutions depend on public trust, and that trust is earned through consistency, transparency and adherence to ethical standards, regardless of the platform or position.
The committee remains committed to upholding the integrity of Parliament and fostering a culture of ethical leadership among all public representatives.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CO-CHAIRPERSONS OF THE JOINT COMMITTEE ON ETHICS AND MEMBERS’ INTERESTS, MS LUSIZO MAKHUBELA AND MR HENNI BRITZ
For media enquiries or interviews with the Co-Chairpersons, please contact the committee’s Media Officer:
Name: Malatswa Molepo (Mr)
Parliamentary Communication Services
Tel: 021 403 8438
Cell: 081 512 7920
E-mail: mmolepo@parliament.gov.za
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