1. BACKGROUND 1. Acting in terms of paragraph 17 (1) of the Code of Conduct for Assembly and Council Members (Code), the Joint Committee on Ethics and Members' Interests instructed the Registrar of Members' Interests to conduct an investigation into the allegations against Ms Yolanda Botha, Member of the National Assembly, published in the Mail and Guardian of February 11 to 17, 2011. 2. The Mail and Guardian article alleged the following: "Ms Y Botha and her family received kickbacks from a company to which she assigned tenders worth R50 million when she was an official in the Northern Cape. Within a year Trifecta also renovated Ms. Botha's Kimberley home for at least R500 000. Ms Botha has not declared either benefit to Parliament." 3. Members of Parliament are required to declare all "registrable interests" and "benefits in cash or in kind" this includes in terms of paragraph 7(g) the nature and source of any other benefit of a material nature; and the value of that benefit. 4. Ms Botha did not disclose any benefit as required in the Code. 5. The Registrar proceeded with the investigation on the receipt of the alleged benefits from Trifecta Investment Holdings in terms of the Procedure for the Investigation of Complaints. (As adopted by both Houses). 6. Ms Botha had submitted a copy of a loan agreement which indicated she received a loan of R500 000 and that this was not a benefit; this contradicted the information that the Registrar received from Ms M Buizer, a witness who was previously employed at Trifecta Holdings. 7. Mr. D Malan, from Pasch and Malan a building contractor working for the Trifecta group, and responsible for the renovations made to Ms Botha's residence in Kimberley submitted invoices which showed that the costs incurred for the renovations exceeded R1.2 million. This was paid for by Trifecta Investment Holdings. 8. Paragraph 3.1.1 for the Procedure for the Investigation of Complaints requires that a hearing must be held when the facts are in dispute. 9. The Committee elected a panel of six members to conduct the hearing; the following members were appointed ; Prof B Turok (Chairperson), Mr. BL Mashile, Ms A Dreyer, Dr GW Koornhof, Mr. JL Van der Merwe, and Ms NW Magadla. 10. The Committee agreed to hold the hearings in closed session as is allowed under clause 59 (2) in the Constitution and Rule 125 in the Joint Rules and also as there was a request from the SAPS who were concerned that important evidence may be jeopardized and that a witness Mrs. Buizer's safety was at risk. 11. Ms Y Botha was informed on the 8 June 2011 that a hearing will be held on 22 June 2011 to consider the allegations against her. 12. The following charges were put to Ms Botha : i) Non-disclosure of benefits received from Trifecta Investments Holdings as required by item 7(g) of the Code of Conduct. ii) Regarding the allegations of non-disclosure of a benefit, Ms Botha wilfully misled the Committee on the value of the benefits received by submitting a sworn statement which was false and misleading. 2. HEARING 1. At the hearing, Mr. J B Sibanyoni MP representing Ms Botha requested an adjournment to prepare an adequate defence. The request for the extension was agreed to by the Panel. 2. Ms Botha confirmed that she did not require a translator. 3. The hearing rescheduled on 4 August 2011, the Co-Chairpersons agreed that Ms Z Rantho would replace Ms W Magadla who was unavailable. Ms Botha had no objections to the change in the Panel. 4. Ms. Botha took the prescribed oath and pleaded not guilty to the charges, stating that she did not receive any benefit from Trifecta, but a loan which was to be repaid. She also stated that her affidavit of 22 February 2011 was not meant to mislead the Committee. She said that she had no legal experience to account for the mistake.