DEMOCRATIC Alliance (DA) leader Mmusi Maimane says the decision by Parliament’s joint ethics committee that he was guilty of breaching the code of ethics was procedurally unlawful, in bad faith and biased.
Earlier this month, the committee recommended that Mr Maimane and DA MP Makashule Gana be fined seven days of their salaries for contravening the code of ethics. This was after the two had allegedly failed to disclose sponsorships they received for their campaigns in the lead-up to the DA’s federal elective congress last year.
MPs are obliged to disclose their financial interests to the public every year.
Mr Maimane and his party have filed papers in the High Court in Cape Town in a bid to set aside the decision.
In his affidavit, Mr Maimane said it was desirable in an election year for the court to resolve the matter speedily so that "the public can know the decision … (is) unlawful and invalid".
He said the committee purported to have reached its decision earlier this month, when it actually decided the matter on February 17. The committee reached the decision apparently based on its consideration of a complaint he had "never seen".
Mr Maimane said he was not given a chance to make representations to the committee.
He had called on the committee to start the entire process afresh, but the committee had not budged.
"This is … a breach of section 33 of the Bill of Rights, which enshrines the right to administrative action that is lawful, reasonable and procedurally fair … it also breaches the principle of legality and common law.
"The committee acted in bad faith and was biased against me," said Mr Maimane.
He had declared his interests last year and the code required disclosures of "direct financial sponsorships", he said.
"I did not receive any direct financial sponsorships. I did not receive any funds directly in relation to the DA leadership race nor did I benefit financially … therefore the committee incorrectly interpreted the code."
Ethics committee joint chairman Amos Masondo said earlier this month, the committee treated all parties and MPs the same. The African National Congress (ANC) chief whip last week said the DA’s court action was "childish and ill-advised".
The ANC has welcomed the committee’s decision to penalise two of its MPs, Bongani Mkongi and Pule Mabe. Mr Mkongi was fined after agitating on Facebook for his followers to burn a building where a political banner was displayed. Mr Mabe was fined for not disclosing certain interests.
Mmusi Maimane. Picture: TREVOR SAMSON
DEMOCRATIC Alliance (DA) leader Mmusi Maimane says the decision by Parliament’s joint ethics committee that he was guilty of breaching the code of ethics was procedurally unlawful, in bad faith and biased.
Earlier this month, the committee recommended that Mr Maimane and DA MP Makashule Gana be fined seven days of their salaries for contravening the code of ethics. This was after the two had allegedly failed to disclose sponsorships they received for their campaigns in the lead-up to the DA’s federal elective congress last year.
MPs are obliged to disclose their financial interests to the public every year.
Mr Maimane and his party have filed papers in the High Court in Cape Town in a bid to set aside the decision.
In his affidavit, Mr Maimane said it was desirable in an election year for the court to resolve the matter speedily so that "the public can know the decision … (is) unlawful and invalid".
He said the committee purported to have reached its decision earlier this month, when it actually decided the matter on February 17. The committee reached the decision apparently based on its consideration of a complaint he had "never seen".
Mr Maimane said he was not given a chance to make representations to the committee.
He had called on the committee to start the entire process afresh, but the committee had not budged.
"This is … a breach of section 33 of the Bill of Rights, which enshrines the right to administrative action that is lawful, reasonable and procedurally fair … it also breaches the principle of legality and common law.
"The committee acted in bad faith and was biased against me," said Mr Maimane.
He had declared his interests last year and the code required disclosures of "direct financial sponsorships", he said.
"I did not receive any direct financial sponsorships. I did not receive any funds directly in relation to the DA leadership race nor did I benefit financially … therefore the committee incorrectly interpreted the code."
Ethics committee joint chairman Amos Masondo said earlier this month, the committee treated all parties and MPs the same. The African National Congress (ANC) chief whip last week said the DA’s court action was "childish and ill-advised".
The ANC has welcomed the committee’s decision to penalise two of its MPs, Bongani Mkongi and Pule Mabe. Mr Mkongi was fined after agitating on Facebook for his followers to burn a building where a political banner was displayed. Mr Mabe was fined for not disclosing certain interests.
Change: -0.47%
Change: -0.57%
Change: -1.76%
Change: -0.34%
Change: 0.02%
Data supplied by Profile Data
Change: -1.49%
Change: 0.08%
Change: -0.47%
Change: 0.00%
Change: -0.04%
Data supplied by Profile Data
Change: -0.11%
Change: -0.05%
Change: -0.15%
Change: -0.07%
Change: -0.12%
Data supplied by Profile Data
Change: -0.28%
Change: -1.15%
Change: -0.07%
Change: -1.21%
Change: -0.22%
Data supplied by Profile Data