Code of Ethical Conduct (Sixth Parliament)

CODE OF ETHICAL CONDUCT AND DISCLOSURE OF MEMBERS’ INTERESTS FOR ASSEMBLY AND PERMANENT COUNCIL MEMBERS

TABLE OF CONTENTS

1. DEFINITIONS

2. PURPOSE AND SCOPE OF THE CODE

3. PRINCIPLES

4. APPLICATION

5. STANDARDS OF ETHICAL CONDUCT

6. ETHICAL CONDUCT

7. TENDERS AND CONTRACTS

8. REMUNERATED EMPLOYMENT AND WORK OUTSIDE OF PARLIAMENT

9. SOCIAL MEDIA PLATFORMS

10. MEMBERS’ FACILITIES

11. STATUTORY AND CONSTITUTIONAL BODIES

12. DISCLOSURE OF REGISTRABLE INTERESTS: PROCESS

13. REGISTRABLE INTERESTS TO BE DISCLOSED

14. DETAILS OF REGISTRABLE INTERESTS

15. CONFIDENTIALITY

16. BREACHES OF THE CODE

17. PROCESSING OF COMPLAINTS

18. RECOMMENDATION REPORT BY THE REGISTRAR

19. CONSIDERATION OF COMPLAINT BY THE COMMITTEE

20. PENALTY

21. COMMITTEE REPORT TO BE PUBLISHED

22. LIFESTYLE AUDITS

23. REGISTRAR OF MEMBERS’ INTERESTS

1. DEFINITIONS

“Business Partner” means a person who shares a financial interest with a Member or that Member’s immediate family;

“Child” means a biological child, an adopted child, a stepchild, a child of a permanent companion and a person under the age of 18 years who is subject to the guardianship, foster care, care, supervision or authority of a Member;

“Code” means the Code of Ethical Conduct and Disclosure of Members’ Interests for Assembly and Permanent Council Members;

“Committee” means the Joint Committee on Ethics and Members’ Interests as established by the Joint Rules of Parliament;

“Conflict of Interest” means a situation in which a Member contrary to the obligation and duty to act for the benefit of the public exploits a relationship for her or his personal, business or pecuniary benefit;

“Constitution” means the Constitution of the Republic of South Africa of 1996;

“Dependent” means a child younger than 18 years of age, or a child who is older than 18 years of age but who is financially dependent on the Member;

“Family Member” means a Member’s spouse, permanent companion, child, parent, brother, sister, parent in-law, brother in-law, sister in-law, brother or sister of a permanent companion;

“Immediate Family” means a Member’s spouse, permanent companion or dependents;

“Member” means a Member of the Assembly or Permanent Council Member;

“Organ of State” has the same meaning as defined in section 239 of the Constitution;

“Parliament” means the Parliament of the Republic of South Africa;

“Permanent Companion” means a person who is publicly acknowledged by a Member as that Member’s permanent companion;

“Public Interest” means an outcome which affects any right of the public, public finances or the public good;

“Register” means the Register of Members’ Interests;

“Registrable interest” means interests required to be disclosed in terms of the Code;

“Registrar” means the Registrar of Members’ Interests;

“Social Media platform” means any internet-based system or an application used for the creation, exchange or sharing of any user generated content for information, advertising, communication or any other purpose;

“Spouse” means a partner in any marriage;

“Working day” means any day of the week except-

Saturday and Sunday; and
a public holiday in terms of the Public Holidays Act, 1994 (Act No. 36 of 1994), and, if such a public holiday falls on a Sunday, also the Monday.

2. PURPOSE AND SCOPE OF THE CODE

(1) The Code provides a framework of reference for Members when discharging their duties and responsibilities.

(2) The Code sets out minimum ethical standards and values.

(3) The purpose of the Code is to create public trust and confidence in public representatives and to protect the integrity of Parliament.

(4) The purpose of the Code it to ensure oversight over Members and to hold them accountable in their duties and functions.

3. PRINCIPLES

(1) A Member must adhere to the following principles-

(a) Selflessness: take decisions solely in terms of public interest and without regard to personal financial or other material benefits for themselves, their immediate family, their business partners, or their friends;

(b) Integrity: steadfastly avoid placing themselves under any financial or other obligation to any outside individual or organization where this creates a conflict or potential conflict of interest with his or her role as a Member;

(c) Objectivity: in carrying out public business, including making public appointments, do so only on the basis of merit and in accordance with Constitutional imperatives;

(d) Openness: Members should be as open as possible about all decisions and actions, bearing in mind the constitutional obligation for openness and transparency;

(e) Honesty: Members must declare private interests relating to public duties and resolve any conflict arising in a way that protects public interest; and

(f) Leadership: promote and support ethical conduct by leadership and example.

4. APPLICATION OF THE CODE

(1) The Code applies to-

(a) Members;

(b) Members who are Members of the Executive;

(2) The Code applies to acts or omissions committed by -

(a) a Member of the National Assembly, during a current term in which the Member serves as contemplated in section 49(1) read with section 49(4) of the Constitution; and

(b) a permanent delegate of the National Council of Provinces, during a current term in which the Member serves as contemplated in section 62(3) of the Constitution;

c) a Member during a previous term of Parliament, where the Committee revives a complaint as contemplated in sub-item (7).

(3) The Code does not apply to-

(a) a Minister who is selected as contemplated in section 91(3) of the Constitution;

(b) a Deputy Minister who is selected as contemplated in section 93(1)(b) of the Constitution;

(d) a Member who has died, with effect from the date of death;

(e) a Member who ceases to be a Member for any reason, with effect from the date of the reason taking effect;

(f) any time period when the Member was not a Member;

(4) The Committee does not have jurisdiction to consider or continue with a complaint if a Member ceases to be a Member for any reason as set out in subsection (3)(c), (d) or (e).

(5) In the event that the Committee is considering a complaint against a Member at the time when the Member ceases to be a Member, the Committee may not proceed with the complaint and must close the complaint file.

(6) Notwithstanding sub-item (5), if a former member becomes a Member after a complaint file was closed, the Committee may revive the complaint against the Member.

(7) All complaints before the Committee lapse at the end of the term of the National Assembly as contemplated in section 49(1) read with section 49(4) of the Constitution and may be revived by the Committee after a general election.

() The Code must be read with the-

(a) Powers, Privileges and Immunities of Parliaments and Provincial Legislatures Act, Act 4 of 2004;

(b) Prevention, Combating of Corrupt Activities Act, Act 12 of 2004;

(d) Protection of Personal Information Act 4 of 2013.

5. STANDARDS OF ETHICAL CONDUCT

(1) A Member must-

(a) abide by the principles, rules and obligations of this Code;

(b) uphold the oath or affirmation taken by the Member in terms of Schedule 2, item 4 of the Constitution;

(d) place the public interest above her or his own interests when discharging her or his obligations in terms of the Constitution, to Parliament and the public at large;

(e) 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; and

(f) in the performance of her or his duties and responsibilities, be committed to the eradication of all forms of discrimination.

6. ETHICAL CONDUCT

(1) A Member must –

(a) not accept any reward, benefit or gift from any person or body:

(i) that creates a direct conflict of interest for such Member or any family Member of that Member or any business partner of that Member; or

(ii) that is intended or is an attempt to corruptly influence that Member in the exercise of her of his duties or responsibilities as a public representative;

(b) not use her or his influence as a public representative in her or his dealings with an organ of State in such a manner to improperly advantage the direct personal or private financial or business interests of such Member or her or his family Member or any business partner of that Member or business partner of the family Member of that Member;

(c) not engage in any personal or private financial or business activity, which leads to her or him using information or knowledge acquired in her or his dealings with an organ of State as a public representative which is not available in the public domain, in such a manner as to improperly advantage the direct personal or private financial or business interests of such Member or any family Member of that Member or any business partner of that Member or business partner of the family Member of that Member;

(d) declare any direct personal or private financial or business interest that the Member or any family Member of that Member or any business partner of that Member or business partner of the family Member of that Member may have in a matter to be considered or decided on before any parliamentary committee or other parliamentary forum of which that Member is a Member or in which that Member is participating;

(e) withdraw from the proceedings of the committee or forum when the matter is considered or decided on, unless the committee or forum decides that the Member’s interest is trivial or not relevant;

(f) not make any representations to a Cabinet Member or any other organ of State with regard to a matter in which that Member or the family Member of that Member or any business partner of that Member or the business partner of the family Member of that Member has a direct personal or private financial or business interest.;

(g) not lobby for any remuneration or receive any reward, benefit or gift for that Member or for the family Member of that Member or the business partner of that Member, for making such representation as a Member on behalf of any person or body;

7. TENDERS AND CONTRACTS

(1) A Member may not enter into a tender or a contract for the provision of goods or services with an Organ of State.

(2) A Member may not enter into a tender or contract for the provision of goods or services with Parliament.

(3) A Member may not receive any benefit that is derived directly or indirectly from a tender or contract between the Member’s business partner and an Organ of State or Parliament.

8. REMUNERATED EMPLOYMENT AND WORK OUTSIDE OF PARLIAMENT

(1) A Member may only perform or undertake remunerated employment or work outside of Parliament if the Chief Whip of the Member’s Political Party has granted permission to the Member to do so.

(2) Permission to perform or undertake remunerated employment or work outside of Parliament must be obtained by the Member from the Chief Whip of her or his political party before commencing with the remunerated employment or work.

(3) The Chief Whip of the political party concerned, when considering a request to conduct remunerative employment or work outside of Parliament, must consider whether the remunerated employment or work by the Member gives rise to or conflicts with the duties and portfolio of work assigned to the Member as a Member of Parliament.

(4) If the Chief Whip identifies a conflict of interest, the request by the Member must be denied.

(5) The permission granted by a Chief Whip of the political party to perform or undertake remunerated employment or work outside Parliament may be revoked by a Chief Whip in the event of conflict of interests or the potential of conflict of interest arising after the approval was granted.

(6) A Member must disclose the permission granted to perform or undertake remunerated employment or work outside Parliament in his or her disclosure of registrable interests.

9. SOCIAL MEDIA PLATFORMS

A Member must not bring Parliament into disrepute when using, engaging in or communicating content on social media platforms.

A Member who is addressing another Member or a member of the public on social media platforms must not use derogatory, racist or sexist language or content that is derogatory, racist, sexist.

A Member, when using social media platforms may not incite violence or promote hate speech.

When engaging in content on social media platforms, a Member may not, like, share, or comment on content that is derogatory, racist, sexists or promotes violence or hate speech in order promote such content.

10. MEMBERS’ FACILITIES

(1) A Member must not abuse or improperly use her or his members’ facilities or any benefit provided to Members.

(2). A Member must strictly observe and adhere to the administrative rules that apply to the facilities or benefits provided to the Member.

11. STATUTORY AND CONSTITUTIONAL BODIES

(1) A Member who has been selected by Parliament or a House to serve on a statutory or constitutional body does so in furtherance of her or his duties and responsibilities as a Member.

(2) A Member must not use her or his position on a statutory or constitutional body for personal gain, personal reasons, or financial gain.

12. DISCLOSURE OF REGISTRABLE INTERESTS: PROCESS

(1) The Registrar must maintain a Register of Members’ Interests, which consists of a public and confidential section.

(2) The Register must contain the information regarding the Members’ registrable interests as contained in this Code.

(3) Members must disclose to the Registrar, in the electronic form prescribed for this purpose by the Committee, particulars of all their registrable interests.

(4) After a general election, a member must disclose his or her registrable interests within 60 (sixty) working days of the opening of Parliament. The Registrar will administer the first disclosure process.

(5) A Member who was not a Member at the time of the opening of Parliament after a general election, must disclose her or his registrable interests within 60 working days after the Member took the prescribed oath as contemplated in section 48 or section 62(6) read with Schedule 2 of the Constitution, as the case may be.

(6) If a member has no registrable interests, a “nil” return must be submitted;

(7) After the first disclosure process, Members must disclose annually during the first quarter of a financial year.

(8) Where there is a change in the registrable interests of a Member, the Member must update her or his disclosure of registrable interests during quarter two, three or four of the financial year, as the case may be.

(9) The Registrar will administer the disclosure of registrable interests and must publish the public part of the Register after adoption by the Committee in a manner determined by the Committee.

13. REGISTRABLE INTERESTS TO BE DISCLOSED

(1). The following kinds of registrable interests must be disclosed in the public part of the Register as read with item 14.2:

(a) shares and other financial interests in companies and other corporate entities;

(b) remunerated employment or work outside of Parliament;

(d) consultancies and retainerships;

(e) sponsorships;

(f) gifts and hospitality;

(g) benefits and interest free loans;

(h) travel;

(i) ownership in land and property;

(j) pensions;

(k) rented property

(l) income generating assets; and

(m) trusts.

(2) The following kinds of registrable interests must be disclosed in the confidential part of the Register in respect of the Member:

(a) the value of the shares and financial interests in companies and other corporate entities;

(b) the amount of remuneration or income derived from employment or work outside of Parliament;

(d) the remuneration or income received from consultancies and retainerships;

(e) the value of sponsorships received;

(f) value of benefits including interests free loans and the monetary value of the benefit in respect of movable and immovable property that is used or acquired by the Member under market value;

(e) the value of travel;

(f) the full details and value of land and property owned by Member;

(g) the full details property rented by the Member, the amount of rent paid by the Member and full details of the rental agreement;

(h) the value of the pension received by the Member including lumpsums and monthly annuities.

(i) mortgage bonds irrespective of the repayment term, credit agreements with a repayment term longer than 24 months and vehicle finance irrespective of the repayment term;

(j) the type of income generating asset and the income generated;

(k) the registration of a trust and the details of benefits derived; and

(l) and such other information that the Member may deem necessary that is not listed above.

(3) The following kinds of registrable interests must be disclosed in the confidential part of the Register in respect of the immediate family of the Member.

(a) details of the immediate family;

(b) shares and financial interests in companies and other corporate entities;

(d) consultancies and retainerships;

(e) sponsorships;

(f) gifts and hospitality;

(g) benefits and interest free loans;

(h) travel;

(i) ownership in land and property;

(j) property rented; and

(k) trusts.

14. DETAILS OF REGISTRABLE INTERESTS TO BE DISCLOSED

(1). Where any doubt exists as to whether any registrable interests must be disclosed, the Member concerned must act in good faith.

(2) The following information must be declared in respect of the list mentioned in item 13(1)(a)-(l):

(a) Shares and other financial interests in companies and other corporate entities:

(i) the name of the company or other corporate entity;

(ii) the number and nature;

(iii) the nature and value of other financial interests held in a corporate entity.

(b) Remunerated employment or work outside Parliament

the name of the employer or business;
the type of employment or work performed;
a copy of the written permission obtained from the Chief Whip of the Member’s political party must be attached to the disclosure form.

Directorships and partnerships

the name of the company or partnership; and
and type of business activity.

(d) Consultancies and retainerships

(i) the name of the organization; and

(ii) the type of business activity;

(e) Sponsorships

(i) the source of the sponsorship;

(ii) description and purpose of the sponsorship; and

duration of the sponsorship.

(f) Gifts and hospitality

(i) description, monetary value and source of a gift and hospitality;

(ii) a gift with a monetary value in excess of R3 000 (three thousand) rand must be disclosed;

(iii) gifts from a single source which cumulatively exceed the monetary value of R3 000 (three thousand) rand in a financial year must be disclosed;

a gift with a monetary value less than R3 000 (three thousand) rand that has the potential to create a conflict of interest or creates a conflict of interest must be disclosed;
gifts and hospitality received from a family member, irrespective of the monetary value do not have to be disclosed;
gifts and hospitality received of a traditional, cultural or religious nature do not have to be disclosed but must be associated with a traditional, cultural or religious practice or custom;
hospitality with a monetary value in excess of R1 500 (one thousand five hundred) rand must be disclosed;
hospitality from a single source which cumulatively exceeds the monetary value of R2 000 (two thousand) rand in a financial year must be disclosed;
any accommodation and subsistence linked to sponsored travel must be disclosed.

(g) Benefits

(i) the source and description of a benefit;

(ii) the source, description and repayment terms of an interest free loan;

(iii) the source and description of movable or immovable property that is used or acquired under market value;

(iii) a benefit or loan from a family member does not have to be disclosed.

(h) Travel

(i) name of sponsor and description of the journey and purpose of the travel;

(ii) domestic and international travel that is unrelated to a Member’s duties and functions as a Member of Parliament or a Member of the Executive, must be disclosed;

(iii) personal domestic and international travel paid for by the Member or a family Member does not have to be disclosed;

domestic and international travel paid for by Parliament, an organ of State or the Member’s political party does not have to be disclosed;
Travel related to constituency work does not have to be

(i) Ownership of land and property

(i) a description of the property

(ii) area where the property is located;

(iii) size of the property in square meters.

(j) Pensions

(i) the source of the pension;

(ii) whether the pension received is from a private or government entity.

(k) Property rented

(i) a description of the property and its usage;

(ii) the area where the property is located;

(iii) size of the property in square meters;

(l) Income-generating assets

(i) a description of the income-generating asset; and

(ii) the nature of the income.

(l) Trusts

(i) the name of the trust; and

(ii) position held in the trust – trustee and or beneficiary.

15. CONFIDENTIALITY

(1) Only a Committee Member, the Registrar and staff assigned to the Committee, have access to the confidential part of the Register, and only when performing their duties or responsibilities in terms of this Code.

(2) The Registrar must keep a strict record of every person who is given access to the confidential part of the Register.

(3) No person who has access to the confidential part of the Register may, except when a court so orders, disclose particulars of any entry in the confidential part to anyone other than the Member concerned or another person who has such access.

(4) The Registrar, parliamentary staff in the Registrar’s office and Committee Members must not provide any confidential information to any person who is not authorised to receive it.

(5) A Committee Member who contravenes the provision of sub-item (3) or (4) becomes ineligible to continue as a Committee Member and must be immediately removed as a Committee Member and is subject to further disciplinary action.

(6) The Registrar or a staff member who contravenes clauses (3) or (4), is subject to disciplinary action applicable to parliamentary staff.

16. BREACHES OF THE CODE

(1) A Member breaches the Code if the Member –

(a) contravenes or fails to comply with any of the provisions for disclosing interests as contemplated in

(i) item 12;

(ii) item 13; or

(iii) item 14.

(b) when disclosing registrable interests, in a willful or grossly negligent manner, provides the Registrar with incorrect or misleading details; or

(2) The procedure in this Code is based on and intended to be guided by the principles of natural justice.

(3) A finding by the Committee must be based on a balance of probability.

(4) The Committee may only consider complaints based on an alleged breach of the Code, as contemplated in sub-item 16 (1)(a), (b) or (c).

17. PROCESSING COMPLAINTS

(1) Any person or body may submit a complaint to the Office of the Registrar concerning an alleged breach of the Code by a Member. The Complaint must be in the form of a sworn affidavit or an affirmation stating the facts upon which the complaint is based. All relevant annexures must be attached to the sworn affidavit or affirmation.

(2) The Committee acting on its own may consider any breach or alleged breach of the Code.

(3) The Committee may also receive referrals concerning an alleged breach of the Code from other Parliamentary Committees or from a Presiding Officer of a House.

(4) Where a referral is made by a committee or a Presiding Officer as contemplated in sub-item 3, such referral does not have to be made in the form of a sworn affidavit or affirmation.

(5) The Registrar must within 7 (seven) working days of receiving a complaint inform the Member concerned of the complaint. All the relevant information relating to the alleged breach available to the Registrar or to the Committee must be given the Member. The Member must be informed that she or he has 7 (seven) working days to respond in writing to the complaint.

(6) Where a Member fails or refuses to receive or accept the communication from the Registrar, the Registrar may send the complaint to the Chief Whip of the Members’ political party.

(7) Where sub-item (6) has been utilized by the Registrar, it will be deemed that the Member was notified of the complaint on the day when the Chief Whip of the Member’s political party acknowledges receipt of the complaint.

(8) The Member must respond within 7 (seven) working days of being informed of the complaint.

(9) The response by a Member must be in writing and must be in the form of a sworn affidavit or affirmation.

(10.) Should the Member fail without good reason to respond within 7 (seven) working days the Committee may proceed to consider the complaint in the absence of the response by the Member.

18. RECOMMENDATION REPORT BY THE REGISTRAR

(1) Upon receipt of a written response from a Member the Registrar must

(a) collate the information received from the Complainant and the Member; (b) if necessary, conduct a preliminary investigation; and

(2) The Registrar may make any of the following recommendations, that-

(a) the Committee lacks jurisdiction to consider the complaint;

(b) the complaint is unfounded;

(d) an investigation is needed to obtain further information and or evidence or to clarify certain information that has already been received;

(e) a recommendation cannot be made on the available evidence and she or he may make any other recommendation on the available facts;

(f) the complaint and or investigation is inconclusive;

(g) the Member did not breach the Code;

(h) the Member breached the Code.

(3) Where a Member fails to respond, the Registrar may conduct a preliminary investigation to obtain the necessary information to enable her of him to make a recommendation to the Committee as contemplated in sub-item (2).

(4) All documents, evidence and information in the possession of the Registrar must, up to this stage, remain confidential.

19. CONSIDERATION OF COMPLAINT BY THE COMMITTEE

(1) The meeting to consider the recommendation report of the Registrar will be closed to the public and non-Committee Members.

(2) The Committee will discuss the matter and deliberate on the recommendation by the Registrar.

(3) The Committee can decide to-

(a) adopt the recommendation report of the Registrar, with or without amendments;

(b) if necessary, call the Complainant, the Member or any other person to address the Committee in person;

(c) invoke the provisions of section 14 of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act (Act No. 04 of 2004);

(d) invoke any other provision in legislation as may be relevant or necessary;

(e) instruct the Registrar to conduct a further investigation into the matter;

(f) hold a formal inquiry into the complaint, and may set terms of reference for the inquiry.

(4) Where the Committee proceeds to adopt the recommendation of the Registrar as contemplated in sub-item (3)(a), read with the provision of items 18(2)(a), (b), (c), (f) or (g) the Registrar must inform the Member of the finding and must publish the Committee Report on the Announcements, Tablings and Committee Report.

(5) Where the Committee found that a Member breached the Code, the Registrar must inform the Member of the breach and invite the Member to provide written representations to the Committee on the penalty to be recommended to the House.

(6) The Member must provide written representations on the penalty within 7 (seven working days) of receipt of the letter by the Registrar.

(7) If a Member fails to provide written representations to the Committee without good cause, the Committee will continue to finalize the recommendation on penalty in the absence of the written representations by the Member.

(20) PENALTY

(1) The Committee must recommend to the House to impose of one or more of the following penalties where a Member has breached item 16(1)(a)-.

(a) a reprimand in the House; and

(b) a fine of R10 000 (ten thousand rand) for a first offence of breach of the Code; or

(d) a fine of R15 000 (fifteen thousand) rand plus an additional R5 000 (five thousand rand) for a third breach or more of the Code.

(2) The Committee must recommend to the House to impose one or more of the following penalties where a Member has breached item 16(1)(b) -

(a) a reprimand in the House; and

(b) a fine of R15 000 (fifteen thousand rand) for a first offence of breach of the Code;

(d) a fine of R45 000 (forty-five thousand rand) for a third offence or more, of a breach of the Code.

(3) The Committee when deciding a penalty to be recommended in terms of sub-items (1) or (2) may take into account the representations of the Member and after considering the representations may impose a harsher or lesser penalty than those provided for in sub-item (1) or (2).

(4) The Committee must recommend to the House to impose one or more of the following penalties where a Member has breached item 16(1)(c)-

(a) a reprimand in the House; and

(b) if relevant, to enter into an apology in the House; or

(d) a fine not exceeding the value of 30 days' salary; or

(e) the suspension of a Member’s right to a seat in Parliamentary debates and committees for a period as determined by the Committee; or

(f) the suspension of a Member’s right to a seat in Parliamentary debates and committees for a period determined by the Committee and a reduction in salary and allowances for a period not exceeding 30 days; or

(g) a demotion in rank for a period determined by the Committee; or

(h) such other penalty as the Committee may deem appropriate in the circumstances;

(i) such harsher penalty of a greater period than the 30-day reduction of salary provided for in sub-items (c), (d) and(f).

(5) The Committee when deciding a penalty in terms of sub-item (4) may take into account the representations of the Member and after considering the representations may impose a harsher or lesser penalty than those provided for in sub-item (4) but may not exceed a reduction in, or fine of 45 (forty- five) days salary.

21. COMMITTEE REPORT TO BE PUBLISHED

(1) If the Committee made a finding of no breach of the Code, the Committee Report must be published on the Announcement, Tablings and Committee Reports for information purposes.

(2) If the Committee made a finding of breach of the Code, the Committee Report which contains the finding and the recommended penalty must published to the appropriate House or Houses via the Announcements, Tablings and Committee Reports for consideration by the House or Houses, as the case may be.

(3) If the Committee recommends a penalty, the House must either-

(a) accept the recommendation; or

(b) reject the recommendation.

(4) If the House has accepted the Committee’s recommendation, the findings become final and the Speaker or the Chairperson of the Council must act on such decision promptly.

22. LIFESTYLE AUDITS

(1) Lifestyle audits will be risk-based and not all disclosures will be audited.

(2) The following categories of Members will form the risk profile-

(a) Presiding Officers of both Houses;

(b) Chairpersons of all committees;

(d) any Member that has been red-flagged by the e-disclosure system;

(d) such other member(s) or categories of members as the Committee may identify from time to time.

(3) If there is an allegation of fraud, bribery, corruption or unethical conduct against a Member, such Member shall also form part of the risk profile for a lifestyle audit.

(4) The Registrar must conduct a verification process and inform the Member that she or he will be subjected to a verification process as the first step in a lifestyle audit.

(5) A Member must comply with the request to subject herself or himself to a lifestyle audit, as contemplated in sub-item (4).

(6) The verification process will consider paper-based documentation, and if necessary, an in-person interview with the Member to resolve any factual or capturing errors.

(7) Where the verification process resolves discrepancies, the Registrar must table the outcome of the verification process before the Committee for ratification by the Committee.

(8) Where the verification process does not resolve discrepancies, the Registrar will table the matter before the Committee for a decision on whether the matter must be referred to the Special Investigating Unit, another law enforcement agency, or other entity, for a full lifestyle audit to be conducted.

(9) The Registrar must publish the Committee Report on the outcome of a verification process or lifestyle audit on the Announcement, Tablings and Committee Reports (ATC).

23. REGISTRAR OF MEMBERS’ INTERESTS

(1) The Committee must be served by a senior official, on the staff of Parliament, appointed by the Speaker and Chairperson of the Council, acting jointly, after consulting the leaders of parties represented in the Assembly and the Council.

(2) The Registrar must be assisted by staff assigned by the Secretary to Parliament for the work of the Committee.

(3) The Registrar performs the functions of office in accordance with the directions of the Committee and the provisions of this Code.

TABLED FOR CONSIDERATION

BEKIZWE SIMON NKOSI MOJI LYDIA MOSHODI

CO-CHAIRPERSONS OF THE JOINT COMMITTEE ON ETHICS AND MEMBERS’ INTERESTS