Constitutional Court Ruling Finally Addressed

Statement by Henni Britz MP – DA NCOP Member on Joint Committee on Ethics and Members’ Interests:

The Democratic Alliance (DA) welcomes the commencement of Parliament’s comprehensive review of both the Code of Ethical Conduct and Disclosure of Members’ Interests and the Executive Ethics Codes.

This landmark process, embarked upon by the Joint Committee on Ethics and Members’ Interests, represents the first fully transparent and publicly participatory review of South Africa’s parliamentary and executive ethics framework since the advent of democracy.

At a time when public trust in government institutions is under immense strain, strengthening ethical accountability has become more important than ever. Ethical governance cannot remain static while financial relationships, lobbying practices, digital influence, and public expectations continue to evolve.

The review of the Executive Ethics Code is particularly significant.

In 2022, the Constitutional Court, in the AmaBhungane matter, declared aspects of the current Executive Ethics Code unconstitutional because it failed to require disclosure of donations made to internal political party leadership campaigns. Parliament and the Executive were afforded twelve months to remedy this defect. That deadline expired in September 2023. Yet the Presidency failed to ensure that the necessary amendments were finalised and implemented within the timeframe ordered by the Court.

This review process now provides an opportunity not only to comply with constitutional requirements but also to modernise and strengthen the entire ethical framework governing the President, Deputy President, Ministers, Deputy Ministers, Premiers, MECs, and Members of Parliament.

The DA believes the review should focus on strengthening transparency, broadening disclosure requirements, closing accountability loopholes, improving public access to information, modernising conflict-of-interest provisions, and ensuring that sanctions are meaningful, proportionate, and enforceable. Public office bearers must be held accountable not only for what occurs inside government institutions but also for conduct and relationships that may improperly influence the exercise of public power.

Importantly, this process is being conducted in the open. Strong ethical systems are not developed behind closed doors. They are strengthened through transparency, scrutiny, and public participation.

The DA therefore welcomes this historic process and commends the Joint Committee for placing democratic accountability, transparency, and public trust at the centre of its work.

South Africans deserve an ethical framework that is modern, enforceable, and capable of holding every public office bearer to the highest standards of integrity.