Parliament, Tuesday, 03 October 2023 – The Joint Committee on Ethics and Members’ Interests has finalised some cases that directly flowed from recommendations made by the Judicial Commission of Inquiry into allegations of State Capture. In processing the matters, the committee had sought to act with the necessary speed to ensure that these processes rebuild public trust and confidence in public representatives, thereby protecting and promoting the integrity of Parliament.
Hon Thulas Nxesi MP
The matter concerning Hon Nxesi was referred to the committee by the Speaker of the National Assembly as part of Part 4, Volume 2 of the Commission’s report, which dealt with the Free State Asbestos Project debacle. On 6 June 2022, the committee resolved to process the Speaker’s referral in terms of item 10.2.2.3 of the Code of Ethical Conduct and Disclosure of Members’ Interests (“the Code”). Item 10.2.2.3 provides as follows: “The Committee acting on its own may consider any breach or alleged breach of the Code.”
The matter related to payments made to “perceived politically connected people”, who on the face of it appeared not to have provided any goods and services to Blackhead Diamond Hill joint venture to justify the payments made to them. The Member provided an affidavit to the commission that confirmed the explanation provided by Mr Sodi. The Member clarified that his name appeared as a reference for the payment but that the payment was not made to him. Rather the payment was the result of fund-raising initiative he undertook to raise money to assist two families in financial need.
The committee considered the proof of the payments and found that it confirms the version of events as explained by the Member. The committee found that the Member did not breach the Code.
Mr Cedric Frolick MP
The matter concerning Hon Frolick was referred to the committee by the Speaker of the National Assembly on 4 May 2022 as contained in Part 3 of the commission’s report dealing with Bosasa. On 9 May 2022, the committee resolved to process the Speaker’s referral in terms of item 10.2.2.3 of the Code of Ethical Conduct and Disclosure of Members’ Interests (“the Code”). Item 10.2.2.3 provides as follows: “The Committee acting on its own may consider any breach or alleged breach of the Code.”
The matter relates to allegations made at the commission that the Member would play a critical role in “winning over Mr Vincent Smith, the Chairperson of the Portfolio Committee on Correctional Services and Justice,” and the Member received monthly benefit of R40 000. Also, that the member received accommodation at the City Lodge OR Tambo on 21 to 22 August 2021, costing R2 744.28, paid for by Bosasa. Furthermore, allegations were made that the Member intervened and persuaded Mr Watson to withdraw the litigation against the Department of Correctional Services.
In considering the matter, the committee noted that the Code of Ethical Conduct and Disclosure of Members’ Interests was adopted by the Houses on 29 July 2014 (NA) and 31 July 2014 (NCOP) and came into operation on 1 November 2014. The Code does not have retrospective effect. As the matters covered in the report predate the Code, the Code cannot be applied to alleged conduct.
The committee noted that the Schedule to the Joint Rules (the previous Code) does not have provisions dealing with matters relating to the alleged conduct dealt with in the report, such as-
1. Trying to influence / or influencing a Chairperson of a Portfolio Committee to be biased toward a private entity contracted to provide goods and services to a government department.
2. Facilitating and arranging a meeting between the private entity and the Chairperson of the Portfolio Committee.
3. Receiving payment(s) for trying to influence a Member of Parliament to be biased toward a private entity; and
4. Intervening in litigation between a private entity and a government department.
As such, the committee found that the Member did not breach item 16 of the Schedule (Code of Conduct for Assembly and Permanent Council Members) of the 6th edition of the Joint Rules, as his directorship with the Eastern Province Rugby Union was disclosed. The accommodation on 21 and 22 August 2010 at OR International Airport that was paid for by Eastern Province Rugby and was also disclosed.
Hon Mosebenzi Zwane MP
The matter relates to a complaint submitted by Mr Abdurrazack Achmat on behalf of himself, Zukiswa Fokazi and #UniteBehind non-profit organisation on 12 September 2022 for an alleged breach of the Code of Conduct. The complaint alleged that the Member’s unlawful conduct in the Gupta family Vrede and Estina matter should disqualify him from parliamentary membership. Also, that his stint as Minister of Minerals and Energy Affairs was exposed to the criminal conduct of the Gupta family. In his position as Chairperson of the Portfolio Committee on Transport, he failed in the oversight over PRASA and the Minister of Transport.
The committee noted that the complaint focuses on three areas, namely-
1. the involvement by the Member in the Vrede and Estina dairy farm scandal in his capacity as the MEC in the Free State Province.
2. the Members’ role as the Minister of Minerals and Energy and the recommendations in the Judicial Commission of Inquiry into State Capture Report (the Report); and
3. the Members’ failure in his position as Chairperson of the PCOT to conduct oversight over PRASA and the Minister of Transport.
In respect of point 1 above, the committee noted that the matter does not fall within the committee’s jurisdiction as the Member was the MEC of the Free State province at the time and not a Member of Parliament.
In respect of point 2 above, the committee noted that the Report makes different findings against the Member in his role as Minister of Minerals and Energy. The complaints by the Organisation Against Tax Abuse (OUTA), Hon Lorimer, MP, and the referral by the Speaker of the National Assembly addressed the issues raised in Part 4 Volume 3 (Eskom) of the Judicial Commission Inquiry into State Capture. The committee’s investigation of these complaints also extended into Part 4 Volume 4 (Eskom). The committee noted that when it considered the complaint, the complaints by OUTA, Hon Lorimer and the Speaker had already resulted in a finding of breach and the committee’s report was published on the Announcements, Tablings and Committee Reports (ATC).
In respect of point 3 above, the committee noted that the Member denied that he failed in his oversight role over PRASA as he attributed oversight to a committee function and not an individual function. Further, that the Member set out the oversight conducted by the portfolio committee with respect to certain train stations. The committee accepted the Member’s explanation. The committee found that the complaint is unfounded in respect of the part of the complaint that refers to the Member’s oversight function.
Hon Winnie Ngwenya MP
The matter concerning Hon Ngwenya was referred to the committee by the Chairperson of the National Council of Provinces on 18 May 2022, as contained in Part 3 of the commission’s report dealing with Bosasa. On 9 May 2022, the committee resolved to process the Chairperson’s referral in terms of item 10.2.2.3 of the Code of Ethical Conduct and Disclosure of Members’ Interests (“the Code”). Item 10.2.2.3 provides as follows: “The committee acting on its own may consider any breach or alleged breach of the Code.”
The matter relates to Bosasa and its interaction with the Department of Corrections and the Portfolio Committee on Correctional Services. Certain parts of the testimony of Mr Agrizzi, Mr Dennis Bloem and Mr Vincent Smith refer to the Member.
The Code of Ethical Conduct and Disclosure of Members’ Interests was adopted by the Houses on 29 July 2014 (NA) and 31 July 2014 (NCOP) and came into operation on 1 November 2014. The code does not have retrospective effect. The matters covered in the report relating to the Member predate the Code. The matters allegedly transpired from 2004 to 2009 (Mr Bloem and Mr Agrizzi) and 2010/2011 (Mr Smith). This matter therefore falls under the Code as set out in the schedule to the 6th edition of the Joint Rules for determination. This code was applicable before the current 2014 Code.
The member appeared before the committee on 7 November 2022 and 12 June 2023 and categorically denied the allegations against her. She indicated that she does not know why Mr Bloem implicated her in the Bosasa matter. She also indicated that she never met Mr Smith at a hotel in Rivonia Road. She also indicated that she does not reside close to the Bosasa offices.
The committee accepted the explanation by the Member and found that the Member did not breach the Code.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CO-CHAIRPERSONS OF THE JOINT COMMITTEE ON ETHICS AND MEMBERS’ INTERESTS, MR BEKIZWE NKOSI AND MS LYDIA MOSHODI.
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
Arrange a tour