Report of the Committee on Private Members’ Legislative Proposals and Special Petitions on the legislative proposal to correct the anomalies in the Executive Members’ Ethics Act, No 82 of 1998 (Honourable IO Davidson), dated 16 March 2011:

The Committee on Private Members’ Legislative Proposals and Special Petitions, having considered the legislative proposal to correct the Executive Members’ Ethics Act, No 82 of 1998 and consulted with the Presidency, the Department of Justice and Constitutional Development, the Portfolio Committee on Justice and Constitutional Development, and the Joint Committee on Ethics and Members’ Interests, recommends that permission not be granted to the member to proceed with the proposed legislation.

The committee wishes to make the following observations with regard to its recommendation:

1. the legislative proposal pre-empts legislation soon to be introduced by the Department of Justice and Constitutional Development in the form of the Executive Members’ Ethics Amendment Bill;

2. the Department of Justice and Constitutional Development confirmed that Cabinet in November 2010 approved the principle underlying the department’s Executive Members’ Ethics Amendment Bill; and

3. the Department of Justice and Constitutional Development confirmed with reference to its 2011 legislative programme that the Executive Members’ Ethics Amendment Bill, following the publication of the amendment for public comment, will in all probability be submitted to Cabinet for final approval in March 2011 and to Parliament for consideration in April 2011.

In light of the above, the committee is of the view that the legislative proposal of Honourable IO Davidson is not feasible and should not be proceeded with.

Report to be considered.