Draft Executive Members' Ethics Amendment Bill Published for Public Comment

Posted 14 September 2026 Written by Acts Online
Category Comment

Brought to you by SA Accounting Academy: The Department of Justice & Constitutional Development has published the Draft Executive Members’ Ethics Amendment Bill for public comment, introducing structural amendments to financial disclosure administration for high-ranking executive officials.

Under the Executive Members’ Ethics Act, No. 82 of 1998, a statutory code of ethics governs the conduct of Cabinet members, deputy ministers, and members of provincial executive councils (MECs). The primary objective is to prevent conflicts of interest and ensure officials do not engage in conduct that compromises the integrity of their office or the State, primarily through mandatory declarations of financial interests.

The Draft Amendment Bill introduces key operational changes to strengthen the monitoring and enforcement framework:

  • Designation of Administrative Custodians: The draft Bill vests explicit responsibility for administering the register of financial interests in the Secretary to the Cabinet at the national level and the Secretary to the Executive Council in each respective province.
  • Statutory Duties and Powers: A proposed new section inserted into the principal Act sets out the specific powers, functions, and compliance obligations of these secretaries regarding maintenance, verification, and custody of the disclosure registers.
  • Strengthened Governance Standards: The amendments aim to tighten transparency mechanisms and procedural consistency surrounding executive conflict of interest disclosures.

Click here to download the Draft Executive Members’ Ethics Amendment Bill.

The principal Executive Members’ Ethics Act, No. 82 of 1998 can also be accessed via the official legislation portal.

What this means for you, your business, or your clients

  • For yourself: No direct individual compliance obligations; however, legal and governance advisors should track these amendments when assessing public-sector conflict of interest standards and executive disclosure requirements.
  • For your business: Professional practices providing forensic, assurance, or legal services to national or provincial executive departments must align their review procedures with the updated statutory custody and filing obligations assigned to executive secretaries.
  • For your clients: Corporate clients contracting with government or entering public-private partnerships must maintain thorough due diligence files on politically exposed persons (PEPs) and cross-reference commercial arrangements against public interest registers maintained by Cabinet and provincial secretaries.

Originally published at https://accountingacademy.co.za/news/read/doj-draft-executive-members-ethics-amendment-bill

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