Executive Ethics Code declared unconstitutional

The Constitutional Court has ruled the Executive Ethics Code is unconstitutional and invalid.

This means that members of the cabinet, MECs and deputy ministers are required to fully disclose all donations for internal political party campaigns.

AmaBhungane brought on the case which arose from public protector Busisiwe Mkhwebane's report into donations to President Cyril Ramaphosa's 2017 presidential campaign.

The investigative unit wanted confirmation on a high court judgment that declared the Executive Ethics Code unconstitutional insofar as it does not require cabinet members, deputy ministers and MECs to disclose donations for their benefit in political parties’ internal contests.

Delivering the judgment at the Constitutional Court on Tuesday, Justice Steven Majiedt said in the review judgment, the Constitutional Court held that the duty to disclose imposed by the Code was only activated once a benefit was given to a member of cabinet in his or her personal capacity.

"As such, the Constitutional Court’s review judgment imposed only a partial disclosure obligation on members of the executive. The Constitutional Court then had to consider whether the partial disclosure in question was constitutional."

Judge Majiedt confirmed the order of the High Court declaring the Code unconstitutional and invalid. The court also ordered President Ramaphosa, who was a respondent, to pay amaBhungane's costs in the Constitutional Court.

"It suspended the declaration of invalidity for a period of twelve months in order to enable the President to remedy the defect," he said.