This week, the Weekly Mail & Guardian presents a simple lesson in how to prevent corruption among Members of Parliament and provincial legislatures.
We publish below the ANC’s Code of Conduct, which sets out the rules the organisation has set down in a bid to prevent its members from being corrupted. Much has been said about the code, but this is the first time it is published in detail, edited only for clarity.
We are doing it so that you can know the rules and you can watch MPs to see if they break them.
If, for example, you know of an MP who is earning an outside salary, or doing consultancy for a lobby group, or a minister who is buying or selling shares, or a provincial assembly member who is accepting large gifts from organisations trying to win favour — you can check to see if this is properly declared and falls within the ANC’s own rules.
If you suspect a breach of the code, you can write to ANC general secretary Cyril Ramaphosa or the head of the ANC’s special new disciplinary committee, Minister of Water Affairs Kader Asmal. Both are at PO Box 61884, Marshalltown 2107 or fax number (011) 333-8870 or, for the computer-user, at Internet: [email protected].
They are empowered to take disciplinary action against an MP who breaks the Code of Conduct.
That applies to the ANC MPs. What about the others, you might ask. Sadly, none of the other parties even have rules that they can break.
The ANC Code of Conduct
Who does it apply to?
The Code applies to all members of the National Assembly, the Senate and the Provincial Legislative Assemblies who have been elected on an ANC list or members of the Senate elected by the provinces.
Commitment to Democracy and Equality
All elected members shall be committed to the eradication of all forms of discrimination, especially those based on gender or sex, race or ethnicity, and shall implement in their work the measures considered necessary to redress historical imbalances and injustice. No elected member shall use their position to court or demand any form of favour, especially sexual favour. Women, in particular, shall be treated as equals and sexual harassment will constitute a serious offence.
Internal Democracy
All elected members shall be under the constitutional authority of the highest decision-making bodies of the ANC, and decisions and policies of the highest ANC organs shall take precedence over all other structures, including ANC structures in Parliament and Government.
Without prejudice to free speech, no elected member shall make use of parliamentary structures to undermine ANC policies or decisions.
Members of the assemblies shall be subject to recall from these structures for violation of the ANC constitution or for conduct unbecoming of an ANC member or representative.
Every elected member shall observe the policies of the ANC and disciplinary action may be taken in the event of a clear divergence or public disagreement.
Elected representatives owe allegiance to the ANC and disciplinary action will be taken in the event of a change of allegiance.
Clean government
Elected members shall, at all times, observe practices free from all forms of corruption. Government offices or parliamentary posts shall not be used to distribute favours or patronage nor to seek or obtain any personal fortune or favour.
Any form of proven corruption shall constitute a legitimate ground for instant dismissal from government or parliament.
All members of the assemblies shall declare their assets to the organisation and describe all other positions from which there is a pecuniary benefit in other organisations, companies and boards. In particular, they shall disclose all consultancies, shareholdings and directorships or any form of payment received by them or their family from an external source. (Family is defined as a spouse or permanent companion and dependent children.)
Ministers, premiers and provincial executive councillors shall not play any active role in profit- making institutions. They shall surrender directorships and their shares shall be held in “blind trusts”.
The ANC secretary general shall establish a register of financial interests which shall be accessible to members of the NEC. In addition, every elected member shall register any gift of over R200 value.The register shall be updated at least every six months.
No elected member shall act as a parliamentary lobbyist for any agency, company or body.
Contributions to the ANC
A portion of the taxable salary of elected members — the proportion to be set by the NEC — shall be paid into the organisation by way of compulsory stop orders.
Activities during and outside parliamentary work
All elected representatives shall make themselves available for work within the ANC and shall accept allocation by the organisation to specific constituencies or areas or organisational functions.
They shall also be available for parliamentary or governmental or organisational work or activity and shall be fully accountable to the ANC structures in the provinces where they are allocated.
Elected members of the assemblies shall not have any other type of full-time employment.
Implementation and monitoring
Every elected member shall sign and therefore bind herself/himself to this Code and be subject to disciplinary procedures and any appropriate mechanism for the monitoring of the Code established by the ANC.
Any member of the assemblies shall forfeit their place on the ANC list or the Senate if he or she fails to sign this code of conduct within one month after its promulgation (12 November 1994) or fails to disclose their interests or gifts within one month of being so requested by the secretary general.