ANC CHIEF WHIP FILES A FORMAL COMPLAINT REGARDING MAIMANE AND 10 OTHER DA MPs

The Chief Whip of the ANC in Parliament yesterday submitted a formal letter of complaint to the co-chairman of parliament's joint committee on ethics, Hon. Amos Masondo, asking the committee to conduct an official investigation on the 11 DA MPs believed to have misled Parliament in their declarations of financial interests. The ANC believes that DA leader Mmusi Maimane and his 10 colleagues who contested for positions at the party's electoral federal congress in May failed to disclose financial donations they personally sought for their campaigns.

The DA has thus far admitted guilt only in relation to Maimane and Makashule Gana, claiming oversight on their part and pleading ignorance of the provisions of the ethics code of conduct. The Code is unambiguous as it expressly states that any financial benefits personally received by MPs in excess of R1500 from any source other than a spouse or family member, must be declared for the purpose of transparency, accountability and prevention of potential conflict of interest in the course of their legislative functions. Therefore the DA's excuse must be rejected by the ethics committee in consistent with the universal fundamental legal concept that ignorance of the law is no excuse.

Although the DA has admitted guilt in relation to Maimane and Gana, we still believe that the ethics committee should comprehensively investigate all the 11 to independently ascertain the facts and determine appropriate sanction in line with the Code.

To wilfully understate or falsify the extend of benefits received is a serious unethical conduct that carries harsh penalties under the Code. In the past, MPs who misled Parliament in their disclosures were given a public dressing down in the House; fined 30 days' salary; and had their privileges suspended for 15 days. If precedence was to be applied by the ethics committee in this case, as we strongly believe it should, Maimane and others should face similar sanctions as provided for in the Code.

Maimane, in particular, is facing a disgraceful scandal of becoming the first parliamentary leader to be found guilty of gross unethical conduct and sanctioned by the ethics committee.

Issued by Moloto Mothapo on behalf of the Office of the ANC Chief Whip, 4 November 2015