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Parliament, Tuesday, 02 May 2023 – The National Assembly (NA) has approved the report of the Joint Committee on Ethics and Members’ Interests on the alleged contravention of the code of ethical conduct and disclosure of members’ interests by Mr Mosebenzi Zwane at its plenary sitting this afternoon.
The committee recommended several penalties against Mr Zwane in terms of item 10.7.8.1 of the Code of Ethical Conduct and Disclosures’ Interests. Specifically, the committee recommended that Mr Zwane be fined the amount equivalent to five days' salary for the breach - that he received benefits and hospitality that were not disclosed in respect of the travel from Zurich to Dubai on 2 December 2015, which was paid for by the Guptas; being chauffeur-driven in Dubai at the expense of the Guptas (Sahara Computer); and a two-day stay in Delhi, India at the expense of the Guptas.
It was also recommended that Mr Zwane issue an apology in the House for the abuse of his role on the Inter-Ministerial Committee for the issuing of a press statement on the matter of the bank accounts of the Guptas while he was a Member of the Inter-Ministerial Committee, which was retracted by Cabinet the next day. Additionally, he should apologize for appointing advisors who were business partners to the Guptas, namely, Mr. Kuben Moodley and Mr. Malcom Mabaso.
The committee further recommended his suspension from his seat in parliamentary debates for one parliamentary term for the breach - that he participated in the negotiations of the sale of the Optimum Coal Mine to Tegeta and approved the sale.
The report follows complaints received from a Member of the NA, Mr James Lorimer of the Democratic Alliance, and the Organisation Undoing Tax Abuse (OUTA) directed to the Committee against Honourable Zwane. The Office of the Registrar of Members’ Interests received the two complaints on 27 June 2017 and 25 October 2017, respectively, for an alleged breach of the Code.
The complaints relate to Mr Zwane’s tenure as Minister of Mineral Resources and emanate from the 5th Parliament. However, on 08 November 2019, the Committee established under the 6th Parliament took a decision to continue with the complaints against the Member. The Member was duly informed of this decision on 21 November 2019. After this, the Member requested further particulars. In reply to the further particulars, OUTA supplemented its original complaint on 24 January 2020. As the two complaints covered the same information and time frame, the Committee decided to deal with the complaints together. The affidavit of OUTA had more detail and allegations, and this affidavit was initially used by the Committee as the primary source document.
During the time when the Committee was deliberating on the two complaints, the Report of the Judicial Commission of Inquiry into allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State became available, also implicating him on the same matter. In May 2022, the Speaker of the National Assembly referred Part 4 Volume 3 (Eskom) of the Report to the Committee. Because the Report covered the same topics as the complaints lodged by OUTA and Hon. Lorimer, MP, the three matters were then processed together by together by the Committee.
The Member was given an opportunity to respond to the Report, which he did on 27 June 2022.
Please find the full report which includes the summary of the complaints, Responses by the Member and extracts from the Report of the Judicial Commission of Inquiry into the allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State (from page 3).
https://www.parliament.gov.za/storage/app/media/Docs/atc/d33a1520-1246-4aaf-ad76-d7cc802cfd30.pdf
ISSUED BY THE PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA
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