Cape Town Members of Parliament could face restrictions on what jobs they can take after leaving public office if proposals on an expansion of the MPs' ethical code of conduct find favour with Parliament's ethics committee and the National Assembly.

The MPs' code of conduct has been in the news lately after complaints against African National Congress Women's League President Winnie Madikizela-Mandela, who was being found guilty by the ethics committee of failing to disclose substantial donations. The present code requires that all gifts and benefits worth more than R350 be declared. Madikizela-Mandela, in a sworn affidavit before a Gauteng court, said that she received donations of R50 000 a month.

The latest report of the European Union-funded parliamentary support programme notes that the ethics committee is considering an expanded ethical code beyond the current version which is related purely to a declaration of financial interests.

The ANC proposal to the committee contains clauses for discussion on "post-tenure employment restrictions". The basic principle suggested in clauses based on the existing Canadian code is that MPs must not act after they leave public office in such a manner as to take improper advantage of their previous office. This includes allowing the prospects of outside employment to create a real or potential conflict of interest.

It also includes obtaining preferential treatment or privileged access to state after leaving public office or taking personal advantage of information of obtained in the course of official duties until that information has become general public knowledge.

The draft clause providing for a limitation period states: "Former members may not within a period of one year after leaving office accept appointment to a board of directors of or employment with, or make representations for any entity with which they had direct significant official dealings during the year immediately prior to the termination of the service in public office."

The discussion draft before the committee also includes a substantial section on conflicts of interest which includes things like using information obtained in the course of their duties to make financial decisions of a personal nature and accepting gifts that might be interpreted as an attempt to corrupt them.

At present former ANC chief whip Tony Yengeni is on trial for fraud and corruption after allegedly accepting a discount on a luxury motor vehicle from a company bidding in the arms deal.

The proposals are expected to be debated in the ethics committee soon.

With acknowledgements to Wyndham Hartley and Business Day.