MPs must toe the line
2003-10-23 17:44
Cape Town - Parliament needs to introduce clear and strict penalties to ensure MPs comply with the institution's code of conduct, says the Institute for Democracy in South Africa (Idasa).
The institute released its first report on government ethics in post-apartheid South Africa on Thursday.
The research evaluated the implementation of the Executive Members' Ethics Act and the pursuant Code of Ethics, the Code of Conduct for Members of Parliament, the codes for provincial legislature members, and the financial disclosures regulations for senior public servants.
The report states many of the defects relating to the implementation of the parliamentary code lie in the code itself.
"One of the problems or limitations of the code is the non-existence of severe penalties for failure to comply," it says.
Up to now, Parliament's ethics committee has been imposing penalties - such as suspension, forfeiture of part of a salary, or public or private reprimand by the Speaker - on those failing to comply.
Another issue with the code is that it is not law, meaning that MPs can escape its jurisdiction by simply leaving Parliament.
"There is a need for Parliament to ensure that the code sets out clear and strict penalties for failure to comply," the report says.
MPS are most likely to fully comply with the code when stringent penalties are put in place and effectively implemented.
The report also recommends that the role of the registrar of members' interests be expanded to ensure she is able to perform duties, such as verification of disclosures and investigations, without a directive from the ethics committee.
This would be useful in ensuring the records are not just kept without being checked against MPs' activities for any potential or actual conflict of interests.
Regarding the executive, the report states members of the Cabinet are not yet fully complying with the requirements of the act and the code, but for various reasons, no conclusive finding can be made regarding disclosure of assets and liabilities.
On the offices of the nine provincial premiers, it says there is a general lack of awareness about the requirements of the act and the code.
- SAPA