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Exit nothing to do with Maimane case, says ethics registrar

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MMusi Maimane (Beeld)
MMusi Maimane (Beeld)

The registrar of Parliament’s ethics committee has confirmed her early retirement just days after a Western Cape High Court ruling that the committee had disregarded the Constitution, fundamental rules of procedural justice and the code of ethics of MPs.

Fazela Mahomed, 55, who is the registrar of the parliamentary joint committee on ethics and members’ interests, insists her retirement had nothing to do with the judgment, which found in favour of the DA and its leader, Mmusi Maimane.

The DA had challenged the committee in court after being found guilty of violating the code of conduct for MPs in March this year.

Mahomed said this week that  that she had written to Parliament secretary, Gengezi Mgidlana, on May 10 and had applied for early retirement.

“This was long before the court ruling on June 23,” she said, and declined to comment further.

The DA argued in court documents that the process used by the ethics committee was “procedurally unfair”.

The committee had ruled that Maimane breached the code of conduct for MPs for allegedly failing to declare financial sponsorship towards his campaign to become DA leader and recommended a penalty, which was a fine of seven days’ salary (R20 000) and a reprimand in the House.

But the committee came to its conclusion without informing Maimane that there was a complaint against him, or telling him what the nature of the complaint was. He was also not notified of any investigation or asked to make any representation or respond to allegations.

It is the duty of the registrar to inform the member, said the court.  “The registrar must within seven days of receiving a complaint inform the member concerned of the complaint, including all the relevant information relating to the alleged breach available to the Registrar or Committee, and inform Members of the consequences of the failure to respond. The members must be informed personally of the complaint and should sign for the receipt of the complaint.”

When Maimane sought to appeal the committee’s findings and recommendations, and challenged the process they followed, the committee dismissed him and upheld its original position.

Last Thursday, the high court agreed with the DA that the committee had prejudged the matter. It  found that the committee had flagrantly disregarded the Constitution, fundamental rules of procedural justice and the code of ethics of MPs.

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