The portfolio committee on justice and correctional services has proposed that new rules must be adopted to force members of Parliament to disclose a conflict of interest during the appointment of members of Chapter 9 institutions.
This is to avoid the events that unfolded when Parliament’s legal adviser found that Busisiwe Mkhwebane, who serves in the justice committee, failed to disclose a conflict of interest with two candidates interviewed for the position of deputy public protector.
Mkhwebane, who is a member of the justice committee representing the Economic Freedom Fighters (EFF), was cited by Parliament’s legal adviser Zingisa Zenani as a member who tainted the process for not declaring the conflict of interest.
The committee met on Wednesday where chairperson Bulelani Magwanishe said the report would have to be sent to the National Assembly to explain the circumstances that led to the process to be halted.
In the report the committee has recommended the next Parliament develops rules to force a member to disclose a conflict of interest.
It said the next Parliament will have to start the process from scratch.
“The committee understands that there is very little time before the 6th Parliament rises ahead of the general election, which takes place on May 29, but given the circumstances set out in this report, recommends that the House resolve to begin the process to nominate a candidate to for appointment as Deputy Public Protector afresh,” reads the report.
“The committee also recommends that consideration be given to developing the rules to provide for a process to compel a member to withdraw from a matter should the facts support the reasonable apprehension of bias, and any other appropriate measures that may be required to prevent such.”
Parliament’s legal adviser had found that Mkhwebane failed to disclose the relationship with Shadrack Tebeile, who is her lawyer in another case.
Tebeile is representing Mkhwebane pro-bono at the African Court on Human and People’s Rights where she is challenging her impeachment.
Mkhwebane was impeached by Parliament last year and a few weeks later she joined the EFF as a member of Parliament.
But she has taken her impeachment case to various courts and Tebeile is representing her at the African Court on Human and People’s Rights.
Mkhwebane also failed to disclose to members of the committee that Ponatshego Mogaladi worked with her when she was public protector. In fact, Mkhwebane fired her during her tenure, but Mogaladi challenged her decision in court.
EFF deputy leader Floyd Shivambu has rejected the decision of the committee and said there was nothing wrong that Mkhwebane did.
But the justice committee said when the new parliament is constituted it must develop new rules to force members to recuse themselves when there is a conflict of interest.
siyabonga.mkhwanazi@inl.co.za
IOL Politics