Sunday Times

We might be law-abiding, but are we being ethical?

- BUSANI NGCAWENI ✼ Ngcaweni is director-general of the National School of Government. He writes in his personal capacity

TWe should define and describe what we mean and desire when we talk about renewal and an ethical-based organisati­on

he search for saints among sinners in the broad church needs to acknowledg­e some harsh realities. First, the law sets the minimum standard of ethical conduct at the lowest point. We all defer to the rule of law, not just to salvage ourselves from murky situations but in stark recognitio­n of the need for consistenc­y and justice in the applicatio­n of the set of rules.

Second, this search for saints is sometimes compromise­d by the hunters themselves not necessaril­y being beyond reproach. In the eyes of the public they may resemble those being hunted, that they hunt for devils with horns that protrude further than theirs. Consequent­ly, the public square becomes a stage for a public spectacle of battles fought by rivals clothed in fake moral and ethical regalia.

Our eagerness to use individual­s as markers of ethical failings has not fermented into a strong theoretica­l foundation that seeks to achieve a moral compass. From this foundation, a vision for an ideal ethical organisati­on and society could have been imagined. Through this obtrusive diversion from the norm and by attempting to theorise moral cleansing through people, we risk being perceived as another faction or engaged in a witch hunt for the biggest sinners. It becomes a battle of proportion­s of wrongdoing.

At the level of the abstract, what will the just, ethical and morally upright broad church look like? In practice, what must it manifest? What are our 10 commandmen­ts?

Further muddying the waters is the conflation of law, ethics and morality. The law, though imbued with the values of the cultural majority (those with power to shape ideas and decisions), remains a safer refuge. Consistent applicatio­n fosters a sense of uniformity and justice. It has establishe­d principles of “due process” and “judicial review” as safeguards. The other two processes lack such protective shields.

Ethics, conceptual­ly standing above the law, function as an ethereal ideal for reasonable people who desire to see their fellow beings do the right thing, even when no-one is watching. It presuppose­s a moral compass guiding us towards just, equitable and transparen­t choices, regardless of circumstan­ces. They serve as both the spear and shield against our own desires and dilemmas.

However, to avoid perceived or real arbitrarin­ess, ethics must be envisioned and establishe­d before being applied. The Batho Pele statement in Singapore is: “Will you treat your mother the same way?” This is the ethical foundation on which the public service is profession­alised in that Asian country.

The perennial questions of all ages are: can ethics be taught or they are intrinsic to consciousn­ess, like a baby learning to suckle? Is knowledge of conflicts of interest and how to avoid it innate? Is corruption hereditary? One-eyed suburban consciousn­ess disagrees — it views politician­s as ethically ready-made technical beings who are uninfluenc­ed by the broader society they live in.

Yet we know that in the corporate world ethics are codified, taught and enforced.

The moral (third) dimension, often confused with law and ethics, carries the most peril. Moral judgements are prone to deep bias and selectivit­y. They can violate the principle of fairness by attributin­g value based solely on dispositio­n and feelings. Moral judgment often lacks strong normative foundation­s, making it even more precarious than ethics. Those who attempt to draw from religion risk a descent into prejudice and double standards, as religious institutio­ns themselves can become havens for philandere­rs, scammers and nudists.

So, what is to be done?

Cleansing ceremonies (renewal as we call it in the broad church) hold little power without first addressing the spiritual dimensions. When families gather months after a loved one’s passing, recognisin­g their spiritual connection, they perform rituals to heal their souls. This includes offering a final opportunit­y for atonement (a concept currently absent from the august movement’s open discourse on second chances), rapprochem­ent and sanctionin­g. Only then, with the belief that the departed rests with the ancestors, can they move towards addressing the material dimensions of healing, such as matters concerning the estate and prospectiv­e heirs.

Perhaps, as a long shot, there is a need to return to open discussion­s — both in discussion papers, boardrooms, branches and on the streets — to grapple with ethics as an abstract and the ideal panacea for the moral decay. But without a common understand­ing, the discussion­s will vacillate, change form and content, depending on who is involved. We should define and describe what we mean and desire when we talk about renewal and an ethical-based organisati­on. What is the minimum standard? What tools can we use to gauge ethical conduct?

How can we demonstrat­e that ethics are more effective as self-regulators than tools of judgment? We must seek conceptual and practical clarity regarding the difference­s and relationsh­ips between ethics and the law. Ethics, being the higher bar, unlike the law (the minimum standard), are best applied by individual­s using their agency, as opposed to relying on enforcing agencies who use the legal bar to make determinat­ions of right and wrong. It may be legal to buy a car for the mayor, but it may be judged as unethical to prioritise it when the municipali­ty’s garbage trucks are broken and sewers blocked.

Ethics tend to be normative, as a natural law guiding rational people. They transcend time and space, acting as an internal compass that guides moral choices. Ethical leadership requires just, unimpeacha­ble and upright individual­s as vanguards. Ethics are a dream, an aspiration, not a kangaroo court where the perceived or actual powerful wield them as a tool of control. If ethics are to permeate the air we breathe within the broad church, we must define and describe how an ultra-liberal society that champions social justice while celebratin­g avaricious materialis­m can create members and leaders who defy the pervasive force of “I want that too”.

Otherwise, the public perception risks becoming one where the search for the devil has long ceased, replaced by a hunt to eliminate the one with the longest horns. By not achieving conceptual clarity on what we expect from each other, we risk being seen as unjust and inconsiste­nt. Rampant factionali­sm makes matters worse, as it weakens our defences against those who might have acted unethicall­y (another pitfall of subjectivi­ty in the absence of well-establishe­d codes). As one wise woman from the troubled Inanda ghetto aptly phrased it: “The ethics debate in the movement is like the infidelity sermon led by a charismati­c church pastor who has three young children outside of wedlock. They hunt carrying salt and knife.”

The search for saints amongst sinners in Gomorrah is a Herculean act of bravery, but the only catch might be the weakest (those who get careless are caught). Punishing the weakest might offer fleeting satisfacti­on, but ultimately leaves everyone wondering why things have not changed. Right now, when looking at us all, the masses see porous borders on all counts: the law, ethics and morals.

May a hundred ideas contend and a million voices speak. After all Nelson Mandela told us, we are all sinners trying to do better. The conundrum is, kuyashoda and kumnandi! As supporters of the broad church, we are a society and society is us. Not forgetting that the ethics discourse in the polity has become a TikTok (a meaningles­s fad) video for many members and supporters. Public displays of absurdity are no longer the preserve of the lumpen, as the most senior commit dastardly acts of absurdity.

The contempora­ry moment and clarion calls for renewal require breakthrou­ghs in the study of society, its pulse and mutating DNA — and these are the variables we should compute in our theorisati­on of the ideal ethical organisati­on. In the ruling party of Singapore, having an extramarit­al affair constitute­s misconduct. In China having poor people in your constituen­cy is unethical. Are these the ideal standards we wish to adopt?

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 ?? Picture: Sharon Seretlo ?? Deputy chief justice Raymond Zondo. The Zondo Commission shone a light on the dearth of ethics in SA political leadership.
Picture: Sharon Seretlo Deputy chief justice Raymond Zondo. The Zondo Commission shone a light on the dearth of ethics in SA political leadership.

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