Johannesburg - The Public Protector South Africa has welcomed judgment handed by the Constitutional Court on the Executive Code of Ethics on Tuesday, confirming the high court’s decision that the code is unconstitutional.
Oupa Segalwe, spokesperson for the Public Protector South Africa, said the judgment had placed in context the purpose of the wide-ranging provisions of the Executive Ethics Code, which was to ensure that members of the executive do not place themselves in compromising positions that may impair their ability to discharge their duties “without any undue influence, which includes the acceptance of undisclosed financial contributions”.
The applications to both the high court and the Constitutional Court by amaBhungane came as a result of Report 37 of 2019/2020 by Public Protector Busisiwe Mkhwebane on an investigation into an alleged violation of the code through an improper relationship between the president and African Global Operation, formerly known as Bosasa.
Segalwe said: “The report was released on 19 July 2019. It has since been reviewed and set aside. The enforcement of the Code is the exclusive domain of the Public Protector.”
“The PPSA welcomes the judgment to the extent that it seeks to bring legal certainty on an important aspect of the Code in so far as it will in future apply to internal party-political campaign funding.
“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 Segalwe.
Furthermore, the imminent review and amendment of the code by President Cyril Ramaphosa within the 12 months given to him by the court presents an opportunity to reflect on the 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.” said Segalwe.
IOL