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Parliament, Thursday, 7 September 2023 – The Joint Committee on Ethics and Members’ Interests met yesterday to consider complaints made by the Public Protector, Advocate Busisiwe Mkhwebane, against three Members of Parliament – the Speaker of the National Assembly, Ms Nosiviwe Mapisa-Nqakula; Ms Pemmy Majodina; and Mr Richard Dyantyi – for allegedly contravening the Code of Ethical Conduct and Disclosure of Members’ Interests.

Regarding Ms Mapisa-Nqakula, Adv Mkhwebane alleged that following a letter from her to the Speaker on 23 May 2023, Ms Mapisa-Nqakula breached her duties in the manner set out below:

  • Turning down a legitimate meeting request by a whistleblower (Adv Mkhwebane) in respect of serious allegations of corruption in the institution of which she is the constitutional head.
  • Disclosing the identity of the whistleblower as well as the content of the disclosure. This was done without obtaining the permission of the whistleblower and thereby exposed the whistleblower to potential danger and jeopardised any investigation.
  • That Ms Mapisa-Nqakula unfairly advantaged the implicated members, who are all members of the same political party as the Speaker, thereby displaying actual or a reasonable apprehension of bias.
  • That the Speaker made herself an accomplice to the contraventions that Adv Mkhwebane referred to in respect of the Members of Parliament who are allegedly implicated in the corruption matter.

The committee found that the letter of 23 May 2023 did not provide any detail, including the names of the Members of Parliament allegedly implicated in the bribery/corruption allegations. Also, that the political affiliation of the Members of the Parliament was not disclosed, and they were only referred to as “senior members of the National Assembly”, meaning they could have been members of any political party represented in the National Assembly. Ms Mapisa-Nqakula could therefore not have disclosed the content of any “disclosure” because there was no detail in the letter.

Furthermore, the committee found that Adv Mkhwebane’s own affidavit acknowledged that the complaint made by Mr David Skosana (Adv Mkhwebane’s husband) to the South African Police Service (SAPS) was leaked to the media. Therefore, details of the intended complaint, as accepted by Adv Mkhwebane, were made public by SAPS and not by Ms Mapisa-Nqakula. As a result, the committee found the complaint unfounded and that the Speaker did not breach the code.

Regarding the complaint against Ms Pemmy Majodina and Mr Richard Dyantyi, Adv Mkhwebane alleged that she was informed by Mr Skosana of an alleged attempt of bribery and/or corruption by the now late Ms Tina Joemat-Pettersson. The attempt at bribery was allegedly done on the request of Mr Dyantyi and Ms Majodina. Adv Mkhwebane alleged that in directly or indirectly soliciting a bribe, these Members of Parliament breached items 4.1; 5; 6.1 and/or 7.1 of the code or read with item 3.2 of the code or such other relevant provisions of the code or oath.

The committee found that the version of events offered by Mr Skosana to the SAPS, which forms the basis of the complaint, does not specifically mention the two Members of Parliament. Also, the audio recordings do not mention the two Members of Parliament and the WhatsApp messages do not link the two Members of Parliament to the allegation.

Furthermore, the committee noted that parts of the WhatsApp messages and audio recordings between Ms Joemat-Pettersson and Mr Skosana appear to be missing and therefore may not be a true reflection of the communication between them.

Therefore, the committee found that the evidence before it does not provide a conclusion on the probability that the two MPs solicited a bribe of R200 000 in respect of the Section 914 Inquiry. Therefore, the committee found that the complaint is unfounded, and that Mr Dyantyi and Ms Majodina did not breach the code.

Regarding the complaint against the late Ms Joemat-Pettersson, Item 3.1 of the code clearly states that it applies to Members of Parliament. Ms Joemat-Pettersson ceased to be a Member of Parliament from the date of her death on 5 June 2023. Accordingly, the complaint against Ms Joemat-Pettersson does not fall within the committee’s jurisdiction.

The committee is satisfied that it has followed all the principles and spirit of the code, which compels the committee to be guided by principles of promptness, fairness, and consistency. Following the decision made on Monday, 12 June 2023, the committee members who formed part of the Section 194 committee duly recused themselves from participating in the consideration of the complaint.

The full reports will be published in the Parliament’s Announcements, Tablings and Committee Reports on 7 September 2023.


For media enquiries or interviews with the Co-Chairpersons, please contact the committee’s Media Officer:
Name: Malatswa Molepo (Mr)
Parliamentary Communication Services
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