Joint Committee on Ethics and Members' Interests Press Release: Report on the Committee Investigations on Allegations Made Against Ms Yolanda R. Botha MP

The Joint Committee on Ethics and Members' Interests has conducted an investigation on Hon Ms Yolanda Botha on matters relating to non-disclosure of registrable interests and wilful misleading of the committee on the quantum of the renovation costs of her house.

This investigation arose from allegations made in the Mail & Guardian on 11 February 2011 (see here). The Committee is required to investigate such matters in terms of the Code of Conduct of the Joint Rules of Parliament. The investigation was conducted in accordance with clause 17(1) of the Code of Conduct for members.

The Committee appointed a Panel of six members which was a multiparty panel consisting of members of the African National Congress, the Democratic Alliance and Inkatha Freedom Party:

Hon. Professor Ben Turok MP - Chairperson
Hon. Lemias Mashile MP
Hon. Anchen Dreyer MP
Hon. Dr. Gerhard Koornhof
Hon. Jacobuss Van der Merwe MP
Hon. Winifred Magadla MP
Ms Fazela Mahomed - Registrar

The Registrar introduced the following charges:

"1. Non-disclosure of benefits received from Trifecta Investment Holdings as required by item 7(g) of the Code of Conduct .

2.  Regarding the allegations of non- disclosure of the benefits Ms Botha wilfully misled the Committee on the value of the benefits received by submitting a sworn statement which was false and misleading."

The Panel decided to hold the hearings in closed sessions; this is in accordance with rule 125 of the Joint Rules which states that: "the Committee may hold closed sessions where the Committee regards that the matter be confidential". In addition the Constitution of South Africa, clause 59(2) states that: "The National Assembly may not exclude the public, including the media, from the sitting of a Committee unless it is reasonable and justifiable to do so in an open and a democratic society."

The Committee decided that both these rules allow for the sessions to be closed. However the Mail & Guardian represented by a firm of lawyers submitted a request that they should have access to the hearings. The Committee asked senior council to give us advice and the advice was that we could well have closed sessions and the Committee decided accordingly unanimously.

The Panel then conducted hearings on the 4th of August 2011 in accordance with clause 17(2) to verify the facts that were in dispute. This hearing was a continuation of the adjourned hearing of the 24th June 2011 where the Respondent requested more time to fully prepare for the hearing. During the present hearings two witnesses were invited to assist the Committee to illuminate the facts that were in dispute. The hearing was attended by Ms Botha and a Member of Parliament who assisted her.  The two witnesses appeared during the course of the day, two parliamentary legal officers were present.

The Committee was informed that any decision or finding would be on the basis of the balance of probabilities. There were three issues under consideration at the hearing:

1.  Whether there was a close relationship between Ms Botha and Trifecta Investment Holdings?

2.  Whether Ms Botha received any benefit in the form of renovation to her residence and whether she was a beneficiary of the Jyba Trust?

3.  Whether she had made a proper declaration and supplied the necessary information to the Registrar and whether the supporting documentation that she had supplied to the Registrar were genuine in the sense that they were not prepared after the investigations by Registrar began?

The Committee is satisfied with the procedure that was taken and of the hearing and it is able to reach a conclusion on this matter and make recommendations to Parliament. The findings the Committee makes on this matter are that:

1. The Hon. Ms Botha had a good relationship with Trifecta.

2. That Trifecta promised to give her 10% shares in Trifecta Investment Holdings which will later given as promised.

3. Ms Botha's niece was employed by Trifecta in 2006 to deal with clients including the Department of Social Development in the Northern Cape where Ms Botha was the Head of Department.

4. A series of leases were given to Trifecta by the Department and which was signed by Ms Botha from 2006 to 2009.

5. In May 2009 Ms Botha was elected as the Member of Parliament.

6. In September 2009 Trifecta began renovations on her house.

7. The director of Trifecta was in charge of the renovations and payments.

8. The costs were charged to the account of Trifecta's Head Office.

9. The loan agreement presented to the Registrar was after the fact and lacked credibility as it referred to the sum of R500 000 when the costs of the renovations amounted to more than R1.2m.

The above findings satisfied the Committee that:

1. The renovation done on her house constitutes a benefit in accordance clause 7(g) on the Code.

2. The 10% shares to Trifecta was also benefit in terms of clause 7(a).

3. The affidavit submitted under oath on the loan agreement for R500 000 when the costs were more than R1.2m was a wilful misleading of the Committee.

The Committee is therefore agreed and resolves that Ms Botha is guilty of the breaches as stated above for:

1. Non- disclosure of the registrable interests.

2. Wilfully misleading of Parliament.

Penalty

The penalty imposed as stipulated in the Joint Rules at Rule 19 in the Code of Conduct is:

a) reprimand

b) a fine of 30 days salary.

Further recommendations

The Committee is of the view that there were other actions committed by Ms Botha and will send this information to a variety of other public body agencies for their attention. For instance the Public Service Commission may wish to examine some of these matters.

Process

The process henceforth is for the signed copy of the actual report adopted by the Committee on the 25th August 2011 will be referred to the ATC of the National Assembly for consideration by that house in due course.

Statement issued by Professor Ben Turok, MP, and Mr Lemia S Mashile, MP, co-chairpersons of the Joint Committee on Ethics and Members' Interests, Parliament, August 25 2011

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