Parliament Undermines Public Protectors’ Remedial Action

16 November 2017

Parliament has once again failed to adhere to the remedial action set out in the Public Protector’s State of Capture Report. The Public Protector said that Parliament should review the Executive Members’ Ethics Act, in particular to deal with conflicts of interest, and that it should do so within 180 days.

That deadline expired six months ago. Yet Parliament only sought an extension on 25 September, long after the deadline expired and has been granted one by the public Protector to the end of the March 2018.

This highlights the lack of urgency and seriousness with which Parliament and the Portfolio Committee on Justice have dealt with this matter. This is compounded by the continuing allegations of abuse of executive authority to benefit private interests, for example as highlighted in the on-going Eskom inquiry.

The Portfolio Committee on Justice yesterday also adopted a report that seeks to amend the remedial action of the Public Protector by allocating the responsibility for reviewing the Executive Members’ Ethics Act to the Minister of Justice. This has been done on the basis that the President has on 6 November 2017 allocated responsibility for the Act to the Minister of Justice – previously no Minister has direct responsibility for the Act as it was introduced by Parliament’s Joint Committee on Members’ Interests. 

CASAC Executive Secretary, Lawson Naidoo, says:

“ The coincidence of the President’s announcement coupled with the transfer of the administration of the Ethics Act to a member of the executive raises further concerns about the commitment of the this administration to govern by the rules and regulations established in terms of the Constitution. It is tantamount to another rejection of the binding remedial action of the Public Protector by the President acting in cahoots with Parliament.”

We call on the National Assembly to reject this report from the Justice Committee and ensure that Parliament does implement the remedial action set out by the Public Protector. Parliament must accept and demonstrate its responsibility to hold the executive to account.

Statement issued by Lawson Naidoo, CASAC, 16 November 2017