Publication: Mail and Guardian Issued: Date: 2003-05-23 Reporter: The Editor

Symbolic Milestone

 

Publication 

Mail and Guardian

Date 2003-05-23

Reporter

The Editor

Web Link

www.mg.co.za

 

There can be no doubt that the sanctions recommended by Parliament's ethics committee on Minister of Defence Mosiuoa Lekota - a written reprimand by the speaker and a week's forfeiture of salary - are a symbolic milestone.

Assuming Parliament accepts the recommendations, which is likely, it will be the first time that a Cabinet minister has been disciplined in terms of the parliamentary code of conduct for failing to disclose business interests. In sharp contrast with its heel-dragging over former African National Congress chief whip Tony Yengeni, the committee met promptly and took action. It must have been a humbling experience for a minister of state to plead his case before MPs, including those of his own party, and to absent himself while the committee considered whether and how to sanction him. Lekota's undeclared interests in a fuel company and several wineries were revealed only a week ago by the Mail & Guardian.

That said, there are aspects of the saga that leave grounds for concern. The committee hearing was closed, meaning that the public cannot evaluate its finding that Lekota negligently, rather than wilfully, concealed information from Parliament.

Given the rumpus over non-disclosure by Yengeni and Winnie Madikizela-Mandela, it seems odd that Lekota's own omission did not occur to him.

And while Lekota confessed all when the M&G confronted him last week, there have since been attempts to suggest that there have been inaccuracies in the coverage of the story. And on Thursday Lekota thanked the committee for allowing him "to submit evidence of what the real situation is". If we have failed to give a true picture, as he suggests, he has a duty to explain this "real situation" to the nation.

He violated the nation's trust and he has a responsibility to restore it. It is imperative that holders of political office treat the Constitution, its attendant structures and strictures with seriousness.

But perhaps the major concern is the lightness of the penalty recommended by the committee. The reprimand is a written one, rather than a verbal rebuke before the House of the kind imposed on Madikizela-Mandela. And though it is true the committee currently has limited powers of sanction, it can impose a fine of a month's salary and a 15-day suspension from Parliament.

Lekota has a reputation for honesty and straight dealing. But in this case, he has not only breached the parliamentary code. He has also contravened the Executive Members Act, which prohibits members of the national and provincial cabinets from exposing themselves to conflicts of interest. These measures are regularly touted as evidence of the government's commitment to transparency and determination to root out corruption. If breaches are treated lightly, MPs and ministers will continue to take the casual view that disclosure is optional.

Two further issues should be highlighted. The ethics committee clearly needs enhanced powers of sanction and a proper secretariat to police disclosure. It is about time that the endlessly delayed Powers and Privileges of Parliament Bill, which provides for harsher penalties, became law.

In addition, policing of the Executive Members Act is by the public protector, who investigates breaches and makes recommendations following a complaint by the president or any MP. Opposition MPs have threatened to refer the Lekota matter. It would be a significant statement of the government's anti-corruption resolve if President Thabo Mbeki pre-empted them.

With acknowledgements to The Editor and the Mail and Guardian.