Parliamentary ethics body clears Mkhize

• Former health minister not off the hook as SIU accusations of unlawful conduct still stand

Parliament’s ethics committee has cleared former health minister Zweli Mkhize of having contravened its code of ethical conduct and disclosure of members’ interests relating to benefits allegedly derived from the department of health’s R150m contract with its former communications firm Digital Vibes. But exoneration by the committee does not end Mkhize’s woes. The Special Investigating Unit accuses him of unlawful and improper conduct.

Parliament’s ethics committee has cleared former health minister Zweli Mkhize of having contravened its code of ethical conduct and disclosure of members’ interests relating to benefits allegedly derived from the department of health’s R150m contract with its former communications firm Digital Vibes.

But exoneration by the committee does not end Mkhize’s woes. The Special Investigating Unit (SIU) accuses him of unlawful and improper conduct. He denies the accusations, and has approached the Gauteng High Court to have them set aside. Digital Vibes and 33 others will on Wednesday hear the verdict of the Special Tribunal in civil proceedings instituted by the SIU, which accuses the beneficiaries of unjustified enrichment. The SIU has asked the tribunal to review and set aside the Digital Vibes contract and it also seeks repayment of the R150m. The SIU claims that the Mkhize family received more than R10m from the Digital Vibes contract,

Mkhize remains an MP, though he resigned as health minister after the allegations of Digital Vibes corruption.

DA deputy chief whip Siviwe Gwarube lodged a complaint with parliament’s joint committee on ethics and members’ interests on the grounds that Mkhize’s son Dedani received benefits from Digital Vibes, allegedly of R300,000 and R160,000, and that Mkhize himself received benefits amounting to R6,720 for electrical work done at his Bryanston property.

Gwarube argued that Mkhize had breached the public trust placed in him, placed his interests above those of the public, and that his actions did not engender “respect, confidence and trust in parliament”. She also said he had failed to declare his interest in Digital Vibes.

In a letter to Mkhize, which Business Day has seen, the acting registrar of members’ interests, Anthea Gordon, said that with regard to his son’s benefit, the code of ethical conduct requires an MP to be held liable for a benefit that a family member is alleged to have received and that the family member must fit within the definition of an immediate family member, specifically a spouse, permanent companion or dependent.

But Mkhize’s son is an adult, married individual who is not financially dependent on his father. So the committee concluded that the provisions of the code could not be applied to hold Mkhize liable for the alleged benefit received by his son, and that he was therefore not in breach of the code.

With regard to the R6,720 payment for electrical work, Gordon said the committee analysed documentary evidence, including invoices, and took into account that one Thamsanqa Mkhize liaised with the maintenance company and was responsible for the payment for the work. It therefore concluded that Mkhize did not breach the code.

Commenting on the committee’s decision, Gwarube said it is “deeply disappointing that the ethics committee would arrive at the conclusion that the alleged funnelling of money to the former minister’s son isn’t a violation of the ethics code”.

“The sections of the code were applied so narrowly as to exclude the minister’s son on the basis that he is an adult and not a dependent.

“Dr Mkhize remains a member of parliament, and so we will monitor closely the outcome of the Hawks investigation,” Gwarube said.