Parliament’s ethics rules still leave room to dodge accountability, OUTA warns

Gaps in proposed code could allow MPs to escape consequences and limit public scrutiny

• OUTA warns proposed ethics rules still allow MPs to avoid accountability
• Resigning MPs can escape investigations under current framework
• Weak penalties and limited transparency undermine deterrence   
• OUTA proposes practical fixes to strengthen enforcement and public trust

The Organisation Undoing Tax Abuse (OUTA) has called for stronger, enforceable ethics rules in Parliament, warning that proposed amendments to the Code of Ethical Conduct still leave critical accountability gaps.

In its formal submission to Parliament’s Joint Committee on Ethics and Members’ Interests, OUTA supports the intent to improve transparency and ethical leadership, but cautions that key provisions fall short of what is needed to restore public trust.

“These rules are meant to protect the integrity of Parliament. If they allow accountability to be avoided, they fail that purpose,” says Estienne Ruthnam, OUTA project manager.

OUTA’s submission highlights structural weaknesses that risk undermining enforcement and deterrence. 

Key concerns raised by OUTA:

• MPs can resign before investigations are finalised, effectively avoiding findings and consequences
• Complaints may lapse at the end of a parliamentary term, disrupting accountability
• Financial penalties are too low to act as a meaningful deterrent
• The public cannot access sufficient detail on MPs’ financial interests
• Oversight of outside paid work is not fully independent

OUTA warns that these gaps weaken consequence management and create space for misconduct to go unpunished. “At the heart of this issue is consequence certainty. If there are easy exit routes, the system cannot hold firm,” says Ruthnam.

What OUTA is proposing:

• Allow investigations to continue and conclude even after an MP resigns
• Ensure complaints automatically carry over into the next parliamentary term
• Link financial penalties to a percentage of MPs’ salaries to strengthen deterrence
• Introduce public value ranges for financial disclosures to improve transparency
• Strengthen independent oversight of outside paid work

OUTA also calls for greater transparency around lifestyle audits and regular public reporting on their use.

Parliament is not just another institution. It is where laws are made, and oversight is meant to happen. When ethical rules are weak, the consequences are felt across the entire system. South Africans are already dealing with the cost of poor governance. Weak accountability at the top compounds that problem.

“The public expects Parliament to set the standard. That requires rules that are clear, enforceable, and not easy to sidestep,” says Ruthnam.

OUTA has reaffirmed its willingness to engage further with Parliament to strengthen the framework and ensure it delivers real accountability.

Supporting Documents

A soundclip from Estienne Ruthnman, OUTA Project Manager, is available here. 

To read the full submission, please click here.