MPs working on the draft tobacco bill are wrestling with a conflict of interest issue flagged by parliament’s legal office after ActionSA’s Kgosi Letlape disclosed he is a co-founder of the Africa Harm Reduction Alliance (AHRA).
The AHRA is among interest groups lobbying for the Tobacco Products and Electronic Delivery Systems Control Bill to take a softer stance on regulating vapes and other non-traditional devices, such as heated tobacco products and nicotine pouches.
Letlape declared his role in AHRA in parliament’s register of MPs’ interests when he became an MP last year, and offered to recuse himself when AHRA CEO Delon Human made an oral presentation on the bill on July 24.
MPs decided Letlape could remain as an observer, but not engage in the ensuing discussion.
Committee chairperson Sibongiseni Dhlomo subsequently asked parliament’s legal services office to provide advice on whether there was a possible conflict of interest, and how such a conflict of interest might affect processing the bill.
Citing parliament’s code of ethical conduct and the rules of the national assembly, an initial legal opinion provided to the committee on August 27 concluded that “on the face of it, there would appear to be a conflict of interest”.
Rule 30 of the rules of parliament says that if an MP has a personal or private financial or business interest in any matter before the national assembly they must declare the interest before engagement on the matter begins.
Clause 6 of the code of ethical conduct says an MP must declare such interests to any parliamentary forum in which they are participating, and withdraw from proceedings unless the forum decides their interest is trivial or not relevant.
In a letter sent to Dhlomo on August 29, Letlape said his past association with AHRA was trivial and irrelevant, as the organisation was a nonprofit advocacy group from which he derived no personal benefit. He asked the chair to allow him to continue to participate in the committee’s work on the bill.
Dhlomo then sought further advice from parliament’s legal services office, which provided a second legal opinion to the committee on Tuesday recommending Letlape withdraw from work on the bill.
It responded to Letlape’s letter and drew on information brought to parliament’s attention by an undisclosed member of the public about AHRA and its association with Health Diplomats, a consultancy headed up by Human.
“Dr Letlape denies he has a ‘personal or private financial or business interest’ in the matters the bill seeks to regulate. (But) his letter did not address the funding the AHRA receives from Health Diplomats, and... AHRA’s disclosure that it provided harm reduction services to tobacco manufacturers and nicotine product manufacturers,” it said.
“It is our view that the publicly available information does not support Dr Letlape’s assertion that his private interest in the matter is ‘trivial and not relevant’. There is substantial evidence that the AHRA and Human have a ‘direct personal or private financial or business interest’ in the bill under consideration by the committee.
“Based on his own and his business partner’s private interest in the bill, it is our advice that Letlape must withdraw from the committee when it deals with the bill,” concluded the legal opinion, a copy of which has been seen by Business Day.
On Wednesday, MPs decided not to debate the issue but to seek guidance from their political parties about how to proceed.
Letlape told Business Day he did not believe he had a conflict of interest, as he was representing his party’s stance on the bill and not his own personal beliefs.
“Harm reduction is a policy position of ActionSA. Just like I stood up (against) quackery during the times of HIV, I am glad I belong to a party that looks at science, evidence and facts, and believes in citizens having freedom of choice,” he said.
When asked whether he did any consultancy or other paid work for the tobacco industry, Letlape said his only earnings came from parliament now that he was an MP.
AHRA received no direct funding from the tobacco industry, he said.
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