Parliament's ethics committee is standing by to examine the Scorpions' claim that financial adviser, Schabir Shaik, and his company Nkobi Holdings paid more than R1 million on Deputy President Jacob Zuma's behalf.

The Scorpions' report was to have been received by parliament yesterday, but it had not been delivered by late yesterday, the chairman of the ethics committee, Luwellyn Landers, said.

The committee is to establish whether Zuma, as required by parliament's code of ethics, has declared all gifts and payments in the register of members' interests.

The charge sheet against Shaik says he and his company allegedly made gifts, donations or payments of R1,2m on Zuma's behalf.

Although the Scorpions have decided not to prosecute Zuma at this stage, Scorpions boss Bulelani Ngcuka has said his department is to refer "the issue around declaration of gifts and donations received by the deputy president to parliament for their consideration".

Landers said as soon as parliament received the report the registrar of members interests, Fazela Mahomed, would send a letter to Zuma setting out a summary of the claims made.

The deputy president would have to respond within "seven days" according to parliament's code of conduct, but this was not "written in stone" and extenuating circumstances could be taken into account, as had occurred in the past, Landers said.

Meanwhile, the ethics committee "will have been informed of receipt of the complaint and we will look at convening the committee after (Zuma) has responded", Landers said.

At that meeting the committee would evaluate the complaint, Zuma's response and the procedures to be followed, he said.

In terms of parliament's code, gifts that "cumulatively exceed" R350 in any calendar year, as well as the nature and source of any benefit, must be noted in the register of members' interests.

The committee received flak when there was a long delay in considering similar complaints about Winnie Madikizela-Mandela and Tony Yengeni, who were facing criminal charges.

The committee argued that it could complete its investigations only after the court cases had run their course.

Asked about this, Landers said the deputy president was not on trial.

If Zuma is found to have failed to declare some of his interests, he may be subject to one of the following penalties:

A fine not exceeding 30 days' salary.
Reduction of salary or allowances not exceeding 15 days.
Suspension from parliament and its committees for not more than 15 days.

Landers said the committee would ask parliament to scrap the suspension sanction because it did not make sense for a member to be suspended for 15 days and "sit at home" while still being paid. An MP's salary could not be docked because of certain constitutional provisions, he said.

Speaker Frene Ginwala has complained that despite requests for tougher sanctions to be written into parliament's rules, this had yet to be done.

If Zuma has failed to declare some of his interests and benefits he may also be guilty of contravening the executive members' code of ethics and may be censured by President Thabo Mbeki.

The executive ethics code - compiled in line with the Executive Member's Ethics Act of 1988 - requires members of the executive to note their interests.

Parliament's register of member's interests also serves 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 must be investigated by the Public Protector, Lawrence Mushwana, after he has received a complaint from the president. The Public Protector then issues a report to the president.

The president then has the power to punish the deputy president or the minister involved. This action could range from sacking the deputy president to a slap on the wrist. It is the president's prerogative to decide whether to sanction a minister and the severity of the punishment to be imposed.

Asked if the Public Protector could proceed only after receiving a complaint from the president, the Public Protector's office said this was the case under the Executive Ethics Act. But under the Public Protector's Act, he could investigate any complaint received from the public.

Under the Executive Members' Ethics Act, which applies to the deputy president, ministers, MECs and premiers, members:

May not expose themselves to any situation involving the risk of conflict between their official responsibilities and their private interests.
May not use their position or any information entrusted to them to enrich themselves or improperly benefit any other person.
Must act in all respects in a manner consistent with the integrity of their office or the government.

With acknowledgements to Andre Koopman and the Cape Times.