Leaving Office Must Not End Ethics Investigations

Ministers and MECs must not be able to escape ethics investigations by resigning, being dismissed or moving to another portfolio, says the Organisation Undoing Tax Abuse (OUTA).

In its submission on the Executive Members’ Ethics Amendment Bill, 2026, OUTA calls for an explicit provision allowing investigations into conduct while in office to continue after an executive member leaves or is appointed in another public office. Findings must still be made and published, and legally permissible consequences must remain available.

“The public should not have to guess whether an ethics complaint was investigated, what the finding was or whether anyone faced consequences. Leaving office must not make those questions disappear,” says Dr Rachel Fischer, OUTA’s Parliamentary Engagement and Research Manager.

OUTA submitted its recommendations to the Department of Justice and Constitutional Development on 30 September. It supports the Bill’s objectives but warns that unclear deadlines, referral procedures and sanctions could undermine its effectiveness.

The Mchunu controversy highlights the need for answers 

Police Minister Senzo Mchunu has been on special leave since July 2025 following allegations of political interference in policing and links to criminal networks, which he denies. The Mail & Guardian reported that police seized a cellphone at his KwaZulu-Natal home on 21 September 2026 under a court-authorised search and seizure warrant.

Reporting on remuneration paid to Mchunu, Acting Police Minister Firoz Cachalia has raised questions about the cost and duration of the leadership arrangement. The payments do not, by themselves, establish wrongdoing, but the public deserves a clear explanation of why the arrangement remains necessary and how it is being reviewed.

Allegations and the seizure of a cellphone do not establish guilt. They do reinforce the need for processes that protect fairness, reach an outcome and keep the public informed.

“Placing a minister on leave does not resolve allegations. Those implicated must have a proper opportunity to respond, but the public also deserves answers within accountable timeframes,” says Fischer.

Clear rules must lead to action

Executive ethics rules govern the conduct of national and provincial executive members, including their financial interests, conflicts of interest and use of public office. Effective enforcement helps protect public money and decisions from private influence.

The Bill proposes useful reforms, including clearer responsibility for financial-interest registers, mandatory referral of alleged breaches to the Public Protector, procedures for reports to reach legislatures, and express provision for sanctions.

OUTA says three changes are needed to make these reforms effective:

• Set clear deadlines and protect independent scrutiny. Alleged breaches must reach the Public Protector within a fixed period. Referral officials must act without political interference, and investigations that exceed the prescribed period must carry regular progress reports.
• Make findings and consequences visible. The law must identify who imposes each sanction, on what grounds and by when. Findings, reasons, sanctions and compliance should be published, subject to narrowly defined lawful confidentiality limits.
• Keep investigations going after departure. Leaving office must not prevent a finding, its publication or other legally permissible action concerning conduct while in office.

Check disclosures and close the gaps 

Financial declarations must also be verified against lawful official sources, with material discrepancies referred for investigation.

“Disclosure without verification risks becoming a box-ticking exercise. An effective ethics system must be capable of identifying discrepancies and acting on them,” says Fischer.

OUTA recommends risk-based lifestyle audits triggered by objective indicators, with privacy and procedural fairness safeguards, alongside compulsory ethics training.

OUTA calls on the Department and Parliament to strengthen the Bill before it becomes law.

“Executive members exercise power on behalf of the public. When an ethics breach is proven, South Africans must be able to see what action followed. A resignation or reshuffle cannot be the end of the story,” says Fischer.