Parliament, Tuesday, 28 November 2023 – The National Assembly (NA) has adopted reports of the joint committee on ethics and members’ interests during its hybrid plenary this afternoon.
The reports were based on complaints against Ms DipuoPeters in her former portfolio as Minister of Transport, Mr Floyd Shivambu, and Mr Bheki Cele in his current portfolio as Minister of Police. All the complaints related to allegations that the members had breached the Code of Ethical Conduct and Disclosure of Members’ Interests.
Ms Dipuo Peters
The complaint against Ms Peters was submitted to the Office of the Registrar of Members’ Interests on 12 September 2022 by Mr Abdurrazack Achmat on behalf of himself, Ms Zukiswa Fokazi and the non-profit organisation #UniteBehind.
The complainants alleged that Ms Peters was neglectful in her previous portfolio as Minister of Transport by failing to appoint a Group CEO of the Passenger Rail Agency of South Africa (PRASA), which she had said during her testimony before the State Capture was because she thought that PRASA was not ready for a new Group CEO. Her action resulted in a loss of R1 767 000 that was paid to the recruitment company.
Ms Peters also dissolved the Prasa Board chaired by Mr Popo Molefe in 2017. According to court papers filed in the High Court at the time, to review this decision, it was argued that the minister dissolved the board because of the R14 billion of fruitless, wasteful, and irregular expenditure the board uncovered during internal investigations at PRASA.
It was also alleged that Ms Peters allegedly used PRASA busses for ANC events in 2014 and 2015 without ensuring payment from the ANC. It was also alleged that she had influenced procurement proceedings through pressurising the PRASA CEO and Board of Control (BOC) because of the nationality of tender applicants.
Following its deliberations, the committee found Ms Peters to have breached item 4.1.3, 4.1.4 and 4.1.5 of the Code of Ethical Conduct as the member on all occasions failed to act in accordance with the public trust placed in her. It was also found that she failed to discharge her obligations in terms of the Constitution, to Parliament and the public at large by placing the public interest above her own interests as stipulated in the Code. She also failed to maintain public confidence and trust in the integrity of Parliament and thereby engender the respect and confidence that society needs to have in Parliament as a representative institution.
The committee recommended to the House that the member be suspended from her seat in all parliamentary debates and sittings and from committee meetings and committee-related functions and operations for one term of the parliamentary programme.
The suspension in respect of all three breaches will run concurrently during a term of the Parliamentary programme as determined by the House.
Mr Floyd Shivambu
The complaint against Mr Shivambu was referred to the committee on 16 October 2018 during the term of the 5th Parliament. Ms Phumzile Karlsen, then still a Member of Parliament and a member of the Democratic Alliance laid the complaint. The complaint focused on matters relating to what is commonly referred to as the Venda Mutual Bank (VBS) scandal. The committee that was constituted under the 6th Parliament resolved during November 2019 to continue with the complaint and on 18 October 2019, Mr John Steenhuisen also referred a complaint to the committee which focused on the same issue. The committee processed these two complaints together.
The complainants referred to media reports in the Daily Maverick which alleged that the EFF and its Deputy President, Floyd Shivambu, have benefited financially from the VBS scandal.
The articles further alleged that Mr Shivambu benefitted from payments made by the company SgamekaProjects (Pty) Ltd into the bank account of Grand Azania (legally owned by Mr Shivambu’s brother Brian Shivambu) and the Member failed to disclose the financial benefits he received from Sgameka, Grand Azania, Brian Shivambu, or Lawrence Mulaudzi in his 2017 and 2018 disclosure of members’ interests.
The complainants further alleged that the member used the savings of vulnerable VBS-clients and municipalities funnelled through Sgameka Projects and Grand Azania to fund his extravagant lifestyle and political aspirations.
In his response to the committee, Mr Shivambu had stated categorically that he had no conflict of interest on any matter related to VBS as alleged and he had not received any payments from VBS.
During its investigation, having summoned the Liquidator in the VBS matter, the committee received an affidavit in the form of a report which highlighted that a total of R180 000 was transferred from SgamekaProjects to the Mr Shivambu.
The committee found that the member breached item 10.1.1.1 of the Code for failing to comply with the requirements of the provisions for disclosing financial interest in respect of the R180 000 that was paid to him in 2017 by Sgameka Pty Ltd.
The committee recommended that the House impose a penalty of a nine-day salary reduction against the Mr Shivambu.
Mr Bheki Cele
The complaint against Mr Bheki Cele, Minister of Police, was submitted by Mr Ian Cameron, the Director of the non-profit organisation Community Safety at Action Society.
The complaint emanated from a committee meeting which was held on 5 July 2022 where the complainant addressed the member on his failure (in respect of the South African Police Service) to protect the communities of Gugulethu and Nyanga in the Western Cape.
According to the complainant, the member became irate and shouted at him to “shut up” and that the member did not behave in the calm and dignified manner that the high office he holds requires.
He alleged that the member further wagged his finger at him while saying in a threatening tone, “don’t provoke me”. The member yelled at him to “shut up”, then told him to “sit down and listen” or “get out”.
The complainant was subsequently removed from the venue by members of South African Police Services.
In his response to the allegations, Mr Cele said that when the complainant addressed him, he felt that it was a vindictive and personal attack. The tone in which the complainant addressed the member was designed to belittle the member instead of working together to find solutions. Mr Cele also said that the complainant’s presence at the meeting was disruptive and that he did not make a positive contribution.
During its deliberations, the committee noted that the member in his written representations did not specifically address the incident that included the allegation that he shouted “shut up” at the complainant. However, the video footage taken on the day, and which was played by the committee shows that the member was irate and that he did shout at the complainant.
The committee found that the member breached item 10.1.1.3 read with 4.1.5 of the Code.
Item 10.1.1.3 states that the member breaches the Code if the member contravened clauses 4.1 (4.1.5). Item 4.1.5 states that the member must maintain public confidence and trust in the integrity of Parliament and thereby engender the respect and confidence that society needs to have in Parliament as a representative institution.
The committee recommended to the House that the member enter an apology in the House for his conduct toward Mr Cameron during the SAPS Imbizo.
Non-disclosure of interests
The Code of Ethical Conduct and Disclosure of Members’ Interests also prescribes that Members of Parliament must disclose their registrable interests annually at a time determined by the Joint Committee on Ethics and Members’ Interests. Ms Nomsa Kubheka failed to submit her disclosure of interests forms by the 30 November 2022 deadline.
In line with the committee’s zero tolerance approach to non-disclosures, it recommended in its report to the House that Ms Khubeka be fined a value equal to 20days salary for not submitting the disclosure forms for 2022 and that she be reprimanded in the House.
All the reports were adopted by the House.
ISSUED BY THE PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA
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