Defence Minister Musiuoa "Terror" Lekota has contravened the Executive Members' Ethics Act by failing to declare some of his business interests and could be subject to sanction by President Mbeki.

Lekota has recently admitted that he failed to declare his interests in several businesses in parliament's register of members' interests in terms of the parliamentary ethics code.

In terms of the executive ethics code, members of the executive must note their interests in the register of interests.

On Thursday government sources said that the parliament's register of members' interests essentially also served as the executive members' register of interests. The only difference is that ministers' liabilities are recorded in a separate register held by the presidency.

In terms of the Executive Ethics Act and its code, contraventions of the Act must be investigated by the public protector, Lawrence Mushwana, after he receives a complaint from the president. The public protector then issues a report to the president, who then has the power to sanction the minister involved, which could range from sacking the minister to a slap on the wrist.

Mbeki's spokesperson, Bheki Khumalo, would not say whether the executive was investigating Lekota's apparent breach of its ethics code. "Our view is that, let the minister make a statement in the national assembly."

After Lekota had made his address to parliament the president would "take it from there", Khumalo said.

"The minister must explain himself in public. Let us not find him guilty. Let's not put the cart before the horse," he said.

Lekota is expected to make a statement in the national assembly this week.

Ray Zungu of the public protector's office confirmed on Thursday that a complaint had not been received from the president on the Lekota matter. Asked if the public protector could only proceed after receiving a complaint from the president, Zungu said that this was indeed the case in terms of the Executive Ethics Act. But in terms of the public protector's Act his office could investigate any complaint received from the public.

Parliament's Joint Committee on Ethics and Member's Interest is set to meet behind closed doors on the Lekota matter on Thursday.

With acknowledgements to Andre Koopman and The Mercury.