Bridging the divide: ethical governance in the wake of the Phala Phala scandal

Bongani Nicholas Ngomane

Bongani Nicholas Ngomane

Published Sep 11, 2024

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The Phala Phala scandal, which embroiled President Cyril Ramaphosa in allegations of misconduct and corruption, has become a symbol of the complex interplay between ethical considerations and the entrenched power dynamics within South Africa’s governance structures.

As the nation grapples with the fallout from the controversy, it is imperative to examine the deeper implications for our democratic institutions and the ethical framework that underpins them.

At the heart of the scandal lies the question of how power is exercised and the moral responsibilities that come with it. The Section 89 Independent Panel’s report, which highlighted Ramaphosa’s alleged violation of his oath of office, underscores the need for a rigorous examination of the mechanisms designed to balance power and uphold justice in our society.

Ethical governance is not merely a matter of adhering to rules; it is about aligning actions with values that promote the common good. Key ethical principles, such as autonomy, beneficence, non-maleficence and justice, offer a lens through which we can assess the challenges presented by the Phala Phala incident.

Autonomy emphasises the right of individuals — and by extension, the public — to make informed decisions that affect their lives. Beneficence calls for actions that benefit society, while non-maleficence demands that harm is avoided. Justice, perhaps the most critical in this context, insists on fairness and equitable treatment for all.

The Phala Phala scandal reveals how hierarchical power dynamics can obscure ethical principles. The scandal began with a break-in at Ramaphosa’s private game farm, where a substantial amount of money was stolen. The subsequent handling of the case raised serious ethical questions, particularly concerning transparency, accountability and the equitable application of the law.

The failure to promptly report the robbery and the alleged attempts to cover up the incident suggest a breach of the ethical principles of autonomy and justice. The lack of transparency in the case compromised the public’s right to be informed, while the apparent preferential treatment undermined the principle of justice, raising concerns about the integrity of our governance system.

The situation is a stark reminder of how power imbalances within the government and public organisations can lead to ethical lapses. In a hierarchical structure, those at the top often have the ability to suppress the values and ethical considerations of those lower down or outside the organisation.

This can result in decisions that prioritise the interests of a few over the well-being of the broader society. The consequences of such actions are far-reaching, eroding public trust in institutions and fostering a culture of impunity where unethical behaviour is normalised.

To rebuild trust and promote ethical governance, several critical steps must be taken. Strengthening accountability mechanisms is essential. Independent oversight bodies, such as the Section 89 Independent Panel, must be empowered to investigate ethical violations without political interference. The bodies should have the authority to hold even the highest public officials accountable, ensuring that ethical breaches are addressed swiftly and transparently.

Transparency is another crucial element in restoring faith in governance. Full disclosure of incidents involving public officials, along with detailed reports on the actions taken and decisions made, is necessary to ensure that power is exercised in alignment with ethical principles. Transparency can help reduce power imbalances by making information accessible to the public and ensuring that those in positions of authority are held to account.

Promoting ethical governance also requires a commitment to evidence-based decision-making. Government policies and decisions should be grounded in solid evidence and ethical considerations, rather than being driven by political motivations. The approach can help align the actions of those in power with the values of the wider society, ensuring that the principles of beneficence and non-maleficence are upheld.

Justice and equity must be at the forefront of our efforts to address the ethical challenges exposed by the Phala Phala scandal. Allegations of wrongdoing should be thoroughly investigated and those found guilty should face fair trials. This aligns with the ethical principle of justice, ensuring that no one is above the law and that all citizens are treated fairly.

Moreover, policies aimed at reducing societal disparities are essential in promoting social justice. The stark disparities in basic services and living conditions between communities such as Ivory Park and Nomzamo, for instance, highlight the need for policies that address structural inequalities and ensure equitable access to resources and opportunities.

Public participation is another vital component of ethical governance. Inclusive policy-making processes that involve diverse stakeholders, including marginalised communities, are essential in ensuring that the needs and values of all segments of society are considered.

Regular public forums and consultations provide citizens with the opportunity to voice their concerns and influence decisions that affect their lives. This promotes the ethical principle of autonomy and ensures that governance is reflective of the society it serves.

Finally, adopting sustainability principles is crucial in addressing ethical and structural challenges. The triple bottom line approach, which considers environmental, economic and social factors, ensures that development is balanced and does not negatively impact future generations. By aligning government policies with the principles, we can avoid harm and promote the well-being of current and future generations.

The Phala Phala scandal is a sobering reminder of the importance of ethical governance and the need to address power imbalances to maintain public trust and social order. By strengthening accountability mechanisms, enhancing transparency, promoting justice and equity, and fostering public participation, we can bridge the gap between official power and societal values. The approach promotes ethical governance and helps build a more just and equitable society, where the values and interests of all citizens are respected and upheld.

The path to ethical governance in South Africa requires a concerted effort to confront the power dynamics that often undermine our democratic principles. By committing to the ethical principles and implementing effective policies, we can foster a culture of integrity and accountability, ensuring that those in power act in the best interests of all citizens, not just a privileged few. The Phala Phala scandal might have exposed the cracks in our governance, but it also presents an opportunity to rebuild on a foundation of justice, transparency and ethical responsibility.

Bongani Nicholas Ngomane is a PhD student at the University of Witwatersrand, specialising in applied drama and public performance ethnography