THE Office of the Public Protector has welcomed the Constitutional Court ruling which has declared the Executive Code of Ethics invalid and unconstitutional.
The ruling found that the Executive Ethics Code in its current format was unconstitutional as it does not require the executive to disclose donations for political party funding.
It also upheld an earlier High Court judgment which ruled that the donations for internal campaigns for positions within political parties must be disclosed.
“As the court stated, the funding of candidates and political parties is associated with the risks of Members of the Executive placing themselves in compromising positions, a situation central to the question of ethical conduct at the highest level, and therefore, the fight against endemic corruption, in line with both international and domestic obligations,” said spokesperson Oupa Segalwe.
“The president’s imminent review and amendment of the Code presents an opportune moment to reflect on repeated calls for the overhaul of the executive ethics enforcement regime, including the Executive Members’ Ethics Act.”
“The review of the Act to provide better guidance regarding integrity, including the avoidance and management of conflict of interest has been on the agenda of Parliament for some time as part of the long overdue implementation of the remedial action taken by the Public Protector pursuant to the ‘State of Capture’ report of 2016.”
The application was brought to the Constitutional Court by amaBhungane Centre for Investigative Journalism and President Cyril Ramaphosa as the respondent.
It relates to the case of President Cyril Ramaphosa versus Public Protector Advocate Busisiwe Mkhwebane in the so-called CR17 report.
Mkhwebane found Ramaphosa deliberately misled Parliament in relation to a R 500,000 donation to his African National Congress (ANC) election campaign fund from Bosasa, currently known as African Global Operations.
The ruling will only come into effect after 12 months of the order.
This means CR17 bank statements will not be unsealed and donations made for the upcoming ANC presidential contestation will also be kept secret.
The ruling, delivered by Justice Steven Majiedt, said the purpose of the code is to ensure that ministers don’t place themselves in compromising positions – including through private donations.
The ConCourt said the code falls short of the standards of transparency and openness and undermines the Ethics Act, and is therefore unconstitutional.
“The order of the High Court of South Africa, Gauteng Division, Pretoria, declaring the Executive Ethics Code published under Proclamation No. R41 of 2000, to be inconsistent with the Constitution and invalid to the extent that it does not require the disclosure of donations made to campaigns for positions within political parties, is confirmed.
“The operation of the order is suspended for a period of 12 months to enable the respondent to remedy the defect. The respondent must pay the applicant’s costs, including the costs of two counsel, in this court.” said Majiedt.
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