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EXECUTIVE MEMBERS’ ETHICS ACT: INPUT SOUGHT ON DRAFT AMENDMENTS
- 01 September 2026
- Justice & Constitutional Development
- SA Legal Academy
The Department of Justice & Constitutional Development gazetted a notice on 31 August 2026 calling for public comments on a draft Executive Members’ Ethics Amendment Bill eventually published on the department’s website four days later. The deadline for input is 2 October 2026.
The 1998 Executive Members’ Ethics Act applies to Cabinet members, deputy ministers and the members of each provincial executive council – governing their conduct in the best interests of open, democratic, accountable government. To that end, the Act provides for the publication of a code of ethics intended to ensure that no executive member engages in activities likely to compromise the integrity of their office or government. The disclosure of financial interests is mandatory in that context.
Against that backdrop, among other things the draft Bill seeks to make the secretary to Cabinet and the secretary to each provincial executive council responsible for administering the applicable register of financial interests. With that in mind, a proposed new section to the principal Act prescribes each secretary’s powers, functions and obligations.
The draft Bill also:
- spells out the procedures to be followed:
- by the Public Protector when investigating and reporting on alleged code of ethics breaches and related complaints
- by the National Assembly or applicable provincial legislature’s Speaker when tabling the Public Protector’s report for consideration and debate, and
- by the executive member allegedly in breach of the code of ethics, and
- provides for a range of sanctions and penalties.
Please click the links below for more information:
Published by SA Legal Academy Policy Watch
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