The Joint Committee on Ethics found that Malema had violated the code of ethics for members of parliament by not enforcing the law, when he called on foreign nationals to find ‘creative ways‘ to invade SA illegally, after SA borders were closed during the Covid lockdown in January.
Malema was found to have violated the code with his call in January to foreign nationals, to find a ‘creative way‘ to enter SA illegally, if they could not enter the country through the border posts.
“So let the borders be opened and if the gates are not going to be opened for Sadec [the Southern African Development Community], fellow Sadec people please find a creative way. This is your home, your families are here. There is no ways anyone is going to close you out here. Lesotho and Free State are one thing. Mpumalanga and Swaziland are one thing, North West and Botswana are one thing. Limpopo and Zimbabwe are one thing. What is the point? There is no point at all,” he claimed at the time, exposing his communist anti-SA agenda.
The committee found that Malema’s words were in conflict with the Covid restriction regulations announced in January, where land borders were closed with limited exceptions of access. It found that he had violated the code of ethics and the disclosure of members’ interests by failing to uphold the law.
The ethics committee investigated Malema in this regard after a complaint lodged by Herman Mashaba, leader of ActionSA. Mashaba wrote to the then speaker of the National Assembly, Thandi Modise, and accused Malema of encouraging foreign nationals to violate the country’s laws with his outburts. Mashaba called on parliament to take action against Malema.
The committee left it to the National Assembly to impose a sanction on Malema. According to the code, Malema can be reprimanded by the house and / or part of his salary can be withheld.
The committee also found that Malema had violated the code of ethics during his interrogation of Judge Keoagile Elias Matojane during interviews with the Judicial Service Commission (JSC).
Malema should not have questioned the judge about a matter that involved him and his party personally – namely a lawsuit against EFF brought by former finance minister Trevor Manuel.
After watching video footage of Malema’s questions to Matojane, the committee was of the opinion that, as a representative of the National Assembly in the JSC, he should not have asked questions about a matter that was personally related to him.
“You are required to serve the interests of the public and not use the platform for your own interests, especially since the matter, at the time of the interview, was before a court of law. In light of this, the committee found that you had violated the code,” registrar of the ethics committee, Anthea Gordon, wrote to Malema this week.
Malema is found to have violated a portion of the code that stipulates that MPs must act on all occasions in accordance with the public trust they place in their post; and fulfil their obligations, under the Constitution, to parliament and the public by putting the public interest above their own.
Malema has until October 7 to file written representations on a fine or sanction.