The Constitutional Court ruled on Tuesday that the Executive Ethics Code is unconstitutional and invalid.
The application, brought by the amaBhungane Centre for Investigative Journalism, sought to confirm the ruling by the high court in Pretoria that the Executive Ethics Code is unconstitutional for the reason that it does not require political party contestants to disclose donations they receive for their political campaigns.
Delivering the judgment, Justice Steven Majiedt said: “The order of the High Court of South Africa, Gauteng declaring the ethics code published on the proclamation on Act 41 of 2000 to be inconsistent with the constitution and invalid to the extent that it does not require the disclosure of donations for positions in political parties is confirmed.
“The Executive Ethics Code is not constitutionally compliant in the manner in which it deals with the disclosure of donations to campaigns for positions within political parties.”
Majiedt also ruled that the declaration of invalidity be suspended for 12 months and ordered President Cyril Ramaphosa, who was a respondent in the matter, to cover the legal costs of amaBhungane.
“[The court] suspended the declaration of invalidity for a period of 12 months in order to enable the president to remedy the defect. The court ordered the president to pay amaBhungane’s costs in the Constitutional Court, which included the costs of two counsels,” reads the judgment.
A concern over the ethics code emanates from suspended public protector Busisiwe Mkhwebane’s 2019 report which suggested that Ramaphosa had an improper relationship with African Global Operation, formerly known as Bosasa.
In her report, Mkhwebane suggested that Ramaphosa breached his duties under the ethics code by failing to disclose donations made into his CR17 campaign which set him on course for the presidency.
Also read: Constitutional Court clears president Ramaphosa in CR17 campaign scandal
To read more political news and views, click here.
Follow @SundayWorldZA on Twitter and @sundayworldza on Instagram, or like our Facebook Page, Sunday World, by clicking here for the latest breaking news in South Africa. To Subscribe to Sunday World, click here.
