The South African Constitution is foundational to ethics management. Section 195 specifies that “A high standard of professional ethics must be promoted and maintained”. It also sets out the ethical spirit which one should be promoting in public administration.
Chapter 10 of the Constitution deals with Public Administration. It is here that the values expected of public officials are spelled out clearly. And ‘public officials’ includes everyone in a national department, a provincial office, a municipality, or a state-owned entity. This section is grounded in values such as transparency, accountability, integrity, and service delivery. Public administration must be ethical, efficient, and inclusive. It implores one to use public resources economically and effectively, and to deliver services that are fair and impartial – without favouritism, and without bias.
However, the entire spirit of the Constitution supports the work of ethics officers – starting with human rights. Human rights are not just some fancy ideas written in books and documents. Rather, they are globally accepted, humane principles that apply to everyone, everywhere. In South Africa, you will find those principles firmly placed in Chapter 2 of the Constitution of the Republic of South Africa, under the Bill of Rights. The Bill of Rights gives legal power to the values of dignity, equality, and freedom. It is not a suggestion. It is law. That means everyone living in South Africa is protected under it.
However, the Constitution does not explicitly state ‘organisational ethics’. Instead, the Constitution lays the foundation for ethical conduct. The Constitution stipulates a constitutional obligation to practice fair labour practices, to be environmentally responsible, to ensure a safe and conducive environment for human dignity, and to promote community engagement, all whilst being transparent and accountable in conduct and practice. And all of this encompasses the principles of ethical values, norms and standards.
As an ethics officer, you are not just there to tick boxes. Part of your job is to create an environment where the spirit of the Constitution comes to life: where people are listened to, the public is involved in decisions, and trust is built.
Chapter 7 of the Constitution outlines the objectives of local government, including democratic and accountable governance. As per the Constitution, the mandate of local government is to serve communities through democratic and accountable governance. It is responsible for delivering essential services in a way that is sustainable and responsive to the needs of the people. Local government also plays a key role in advancing social and economic development, while working to create safe and healthy living environments. Central to its function is the active involvement of communities and local organisations in decision-making processes, ensuring that governance is inclusive and grounded in the realities of the people it serves.
So, when you think about ethics in government institutions, do not wait for someone to hand you a document titled ‘Ethics Policy’. It is already there — in the values, rights, and responsibilities set out in the Constitution. You just have to see it, and more importantly, you have to live it.
Below is an extract from section 195 of the Constitution that speaks to the ethical values and principles that govern public administration in South Africa:
Section 195 of the Constitution of the Republic of South Africa
195.Basic values and principles governing public administration.
- Public administration must be governed by the democratic values and principles enshrined in the Constitution, including the following principles:
- A high standard of professional ethics must be promoted and maintained.
- Efficient, economic and effective use of resources must be promoted.
- Public administration must be development-oriented.
- Services must be provided impartially, fairly, equitably and without bias.
- People’s needs must be responded to, and the public must be encouraged to participate in policy-making.
- Public administration must be accountable.
- Transparency must be fostered by providing the public with timely, accessible and accurate information.
- Good human resource management and career development practices, to maximise human potential, must be cultivated.
- Public administration must be broadly representative of the South African people, with employment and personnel management practices based on ability, objectivity, fairness, and the need to redress the imbalances of the past to achieve broad representation.
- The above principles apply to:
- administration in every sphere of government;
- organs of state; and
- public enterprises.
How to usethe Guide.
The guide attempts to follow a simple and understandable approach that makes things as practical as possible. It covers the basics that every ethics officer should know – such as what laws and regulations apply to the work of ethics officers – but also goes into further detail on what to consider when doing the work. It includes checklists and additional resources that can be consulted to obtain a broader understanding.
You can use the guide in one of two ways. The first option is to read it like a book, starting at the front and working to the back.
The second option is to read about specific challenges that you are struggling with. For example: if you need to facilitate ethics training, but don’t know where to start – click on the section that deals with training and see if there are resources to help you. If you are struggling with the disclosure of financial interests process, or dealing with conflicts of interest, go directly to that section.
Strategic Work
Strategic work is done once in 3 years. This work integrates ethics into the organisation’s long-term vision, governance systems, decision making, and stakeholder engagement.
Institutionalisation
Everyday Work
The institutionalisation of ethics is the core role of the ethics officer or the everyday work. The focus of institutionalisation is on how to make ethics real in the organisation so that it becomes part of the organisational culture.
INSTITUTIONALISATION
Making Ethics RealIn The Organisation.
The work of the ethics officer is to manage the ethics programme of the organisation.
