BEKIZWE NKOSI: New code of conduct promotes higher standard of ethical behaviour among MPs

As the curtain falls on the sixth parliamentary term, there will be many assessments on the work done by the joint committee on ethics & members’ interests and its role in ensuring that members adhere to ethical standards. These assessments ensure growth and provide clarity and perspective that will pave the way for future decision-making.

In undertaking these assessments, there must be due consideration of the recently proposed code of ethical conduct and disclosure of members’ interests for assembly and permanent council members. The policy in use was last reviewed in 2014 and was not tailor-made to current challenges.

With declining trust levels in public institutions, including parliament, the proposed new code charts a clear path towards ensuring that the national legislature rebuilds the necessary public trust and confidence in the institution and its public representatives. When South Africans are convinced that their leaders discharge their responsibility ethically, trust levels increase and the belief that the institution is “for the people, by the people” is strengthened. 

Social media guidelines

The review of the code was to ensure that it addresses contemporary challenges, one of which is that the previous code did not have clear guidelines on the ethical use of social media platforms by MPs. These interactive platforms have created an avenue for members of the public to interact with their public representatives but they also present inherent ethical risks.

In an institution that prides itself on enabling public participation, social media presents a credible platform to enhance engagement with the public and provide up-to-date information on the work of parliament. Proposals made in the new code are, among others, for constitutional parameters on the prevention of incitement of violence or promotion of hate speech and racism.

The sixth administration committee broke new ground by moving from paper-based disclosure of registrable interests to an electronic disclosure system. This made it easier for members to submit their registrable interests and reduced the time it took to prepare the register. The register of members’ interests remains a tool that entrenches parliament’s commitment to building public trust and confidence in their public representatives, thereby protecting and promoting the integrity of parliament.

Ethical and honest behaviour should be an integral pillar of an accountable parliament, enhancing its legitimacy in holding the executive to account. The new code strengthens the adoption of the electronic system and seeks to ensure adherence to critical disclosure standards.

Breaching the code is not desirable, but in the case of a breach, the new code has proposed stronger penalties ranging from a reprimand in the House to a R10,000 fine for a first offence of breaching the code, R45,000 for a third offence, a fine not exceeding 30 days’ salary, the suspension of a member’s right to participate 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, depending on the nature of the breach. These penalties are adequate and show that parliament will not tolerate any breach of this code.  

Lifestyle audits

To further expand the scope of the code, it proposes risk-based profile lifestyle audits for categories of members, including presiding officers, committee chairs, chief whips of all political parties, any member that has been red-flagged by the e-disclosure system and any other member or categories of members the committee may identify from time to time.

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. The code also entrenches the close working relationship with law enforcement agencies in cases where there is an unexplainable discrepancy with the audit to enable a full-scale lifestyle audit. This evolution of the code takes parliament a step further in entrenching values of ethical behaviour and accountability.

However, ethical behaviour is a personal decision and the code of conduct only outlines the minimum ethical standards of behaviour South Africans expect of public representatives, including upholding propriety, integrity and ethical conduct. Members of the seventh parliament must face the mirror and reflect on their own ethical standards. 

The revised code provides a necessary guide to incoming MPs to achieve greater standards of ethical behaviour. With assessments of the work of the ethics committee under way, the new code is groundbreaking in its quest to strengthen ethical behaviour and restore trust in parliament and public representatives.

Though it provides the much-needed framework, it remains the responsibility of every individual member to carry out their work with integrity and propriety.

• Nkosi is co-chair of parliament’s joint committee on ethics & members' interests.