The Department of Justice and Constitutional Development has released for public comment the Executive Members’ Ethics Amendment Bill, 2026, which proposes amendments to the Executive Members’ Ethics Act, 1998. Comments may be submitted until 2 October.

The current Executive Members’ Ethics Act, 1998 provides the legislative basis for the Executive Ethics Code, which governs the conduct of Cabinet members, Deputy Ministers and members of provincial Executive Councils.

The Code, promulgated in 2000, sets out, among other things, requirements relating to conflicts of interest and the disclosure of financial interests. It also prohibits members from using their position to enrich themselves or improperly benefit any other person.

The proposed amendments are intended to strengthen the mechanisms for implementing the Code and monitoring compliance with its requirements.

Financial Interests and Compliance with the Code

The Bill proposes to expressly provide for the powers and functions of the Secretary of the Cabinet and the Secretaries of provincial Executive Councils in relation to compliance with the Code.

In particular, they would be required to administer the Register of Financial Interests provided for in the Code, advise members of the executive on compliance with the Code and other relevant ethics legislation, and report annually to Parliament or the relevant provincial legislature on the performance of these functions.

Where there is an allegation of a breach of the Code, the Secretary would be required to report the allegation to the Public Protector for investigation. Failure by a Secretary to comply with an obligation imposed by the Act would constitute misconduct as contemplated in the Public Service Act, 1994.

The procedure for approving the Code would also change. At present, the President publishes the Code after consultation with Parliament. Under the Bill, the President would be required, prior to promulgation, to table the Code for approval by Parliament. Parliament could approve the proposed text either without changes or with such changes as it considers necessary.

Investigation of Breaches and Penalties

The Bill also further regulates the reporting and consideration of alleged breaches of the Code, including the form of complaints, the persons authorised to refer complaints to the Public Protector, and the procedure for submitting the resulting reports.

In particular, a complaint concerning an alleged breach would have to be made by means of an affidavit or an affirmed written statement.

The persons authorised to report an alleged breach to the Public Protector, as well as the recipients of the resulting report, would depend on whether the complaint concerns the President, another Cabinet member, a Deputy Minister, a Premier or another member of a provincial Executive Council.

A report concerning an alleged breach by the President would be submitted to the Speaker of the National Assembly; a report concerning another Cabinet member or a Deputy Minister – to the President; a report concerning a Premier – to the President and the Speaker of the relevant provincial legislature; and a report concerning another member of a provincial Executive Council – to the Premier of the province concerned.

The Bill would also remove the current requirement for the Public Protector to submit a report within 30 days of receipt of a complaint. Instead, the report would have to be submitted as soon as is reasonably possible after its completion, taking into account the nature of the matter being investigated.

Reports received from the Public Protector would subsequently have to be tabled in or submitted to Parliament or the relevant provincial legislature. For a number of these actions, the Bill sets a deadline of no more than 14 days.

The Bill also provides for a list of penalties that may be imposed for a breach of the Code. Depending on the circumstances, one or more penalties may be imposed, including a verbal or written warning, a fine, an apology, compensation where appropriate, counselling, suspension for a determined period, a reduction of salary or allowances for a period not exceeding 30 days, another penalty deemed appropriate in the circumstances, or dismissal or removal from office.

If adopted, the amendments will come into operation on a date to be fixed by the President by proclamation in the Gazette.