Interested parties are invited to submit written comments on the Executive Members' Ethics Amendment Bill, 2011 ("the Bill") set out below to the Director General: Justice and Constitutional Development on or before 3 June 2011.
Ifsent by E-mail, be sent to jdelange@justice.gov.
In terms of section 3 of the Executive Members' Ethics Act, 1998 (Act No.
Ethics Code (the Code) by a member of the Cabinet to the President. The President must, in tum, submit a copy of that report and any comments thereon, together with a report on any action taken or to be taken in regard thereto, to the National Assembly.
National Assembly. The Bill consequently aims to make provision for such a procedure.
Assembly for consideration and a report thereon by the committee.
BILL To amend the Executive Members' Ethics Act, 1998, so as to further regulate the procedure to be followed by the Public Protector when reporting on conduct of the President; and to provide for matters connected thereto. PARLIAMENT of the Republic of South Africa, enacts as follows:-Substitution ofsection 3 ofAct 82 of 1998 1. The following section is hereby substituted for section 3 of the Executive Members' Ethics Act, 1998 (Act No.
STAATSKOERANT, 6 MEl 2011 No.34276 3. (1) The Public Protector must investigate any alleged breach of the code of ethics on receipt of a complaint contemplated in section 4.
The Public Protector must submit a report on the alleged breach of the code of ethics within 30 days.
to the Speaker of the National Assembly.
[(b)](rl to th~ Premier of the province concerned, if the complaint is against an MEC.
If the Public Protector reports at the end of the period referred to in subsection (2) that the investigation has not yet been completed, the Public Protector must submit another report when the investigation has been completed.
When conducting an investigation in terms of this section, the Public Protector has all the powers vested in the Public Protector in terms of the Public Protector Act, 1994 (Act No. 23 of 1994).
(a) The Speaker must within a reasonable time, but not later than 14 days after receiving a report referred to in subsection (2)(a), table that report in the National Assembly.
If the report is on an investigation that has been completed, the Speaker must, in accordance with the Rules of the Assembly, refer the report to a committee of the Assembly for consideration and a report thereon by the committee.
must be considered by the Assembly in accordance with its Rules.
The President must within a reasonable time, but not later than 14 days after receiving a report on a Cabinet member or Deputy Minister referred to in subsection [(2)(a)] (1)(.bl, submit a copy of the report and any comments thereon, together with a report on any action taken or to be taken in regard thereto, to the National Assembly.
The President must within a reasonable time, but not later than 14 days after receiving a report on a Premier referred to in subsection [(2)(a)] (2)@, submit a copy of the report and any comments thereon to the National Council of Provinces.
The Premier must within a reasonable time, but not later than 14 days after receiving a report referred to in subsection [(2)(b)] Q)(ct, submit a copy of the report and any comments thereon, together with a report on any action taken or to be taken in regard thereto, to the provincial legislature.
This Act is called the Executive Members' Ethics Amendment Act, 2011.