Chiyedza Ethics Ass

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NAME: PIMBIRIMANO CHIYEDZA B

PROGRAMME: Hons. PUBLIC SECTOR ACCOUNTING AND FINANCE

COURSE: PUBLIC SECTOR ETHICS AND GOVERNANCE

FACULTY: BUSINESS MANAGEMENT SCIENCES AND ECONOMICS

REG NUMBER: R204351S

LECTURER: MRS JEMWA


1. According to UCAN 2009 people believe that public sector ethics is a term too
weak and too nice to be of real importance. As such existence of ethics in what is
regarded is the tough, dirt and unprincipled world of politics is seen as wishful
thinking. Do you agree with the above assertion? Discuss [25]

The statement mentioned reflects a perspective from UCAN's 2009 viewpoint and it suggests
that the term public sector ethics may be perceived as weak and inconsequential in the
context of politics. According to this perspective, ethics within the public sector may be
considered idealistic and unrealistic, given the rough and unprincipled nature often associated
with politics. Ikeanyibe (2009, 194) posited that ethics as a branch of philosophy deals with
the analysis and evaluation of human conduct to determine the fundamental principle that
makes it good or bad, right or wrong. Ethics in public service is about the application of
moral standards in the course of official work however it is sometimes viewed as negative,
impractical and meant for the believing innocent and not for the deliberate offenders (UCAN,
2009). This essay seeks to provide insights on a discussion about public sector ethics believed
to be too weak and too nice with regards to the tough, dirt and unprincipled world of politics
which is seen as a wishful thinking.

Firstly, it is acknowledged that politics is indeed a complex and challenging field because it
involves competing interests, power dynamics and decision-making processes that can
sometimes be influenced by self-interest or expediency. From this perspective, the idea of
public sector ethics may be seen as wishful thinking because it assumes that politicians and
public officials will consistently act in the best interests of the public, uphold ethical
principles, and prioritize the common good over personal or partisan gain which is
unrealistic. According to CAPAM (2010), report on the most ethical dilemmas met in public
sector include administrative discretion, corruption, nepotism, administrative secrecy,
information leaks, public accountability and policy dilemmas. The most common unethical
problems in public sector are bribery, nepotism and theft, conflict of interests, misuse of
insider knowledge, use and abuse of confidential information for personal purposes, public
responsibility and accountability, corruption and the influence of interest and pressure groups
(Hanekom et al, 1990).

Nepotism is defined as the restriction that some jobs in the public sector are reserved for a
subset of workers that have political or personal connections. By having access to this subset
of jobs, some workers can use their connections to ‘jump the queue’ and find jobs in the
public sector faster. Favouritism and nepotism in the deployment and transfer of teachers has
also been identified as a widespread practice within the Ministry of Education, Sport, Arts
and Culture (Mapira and Matikiti 2012). Staffing officers reserve vacancies in urban and peri-
urban schools for people who are not on the waiting list or in exchange for bribes. Those who
are well-connected receive preferential treatment and better positions and are often deployed
to better equipped schools close to cities. Grants and loans are rare and scholarships are given
to just a few privileged students (Bertelsmann Foundation 2014). Corruption is also evident
in relation to opportunities to study abroad. Information regarding the available scholarships
is not made public, but reserved for a select few who are closely linked to the chairpersons of
the various departments. In some cases, high-ranking government officials may even issue a
directive regarding who will be awarded a scholarship (Tizora 2009). In tertiary education,
there have been some instances of political interference regarding the admission of students,
with army commanders, politicians or influential individuals close to the ruling elite
accessing higher education through the backdoor, thereby further compromising education
standards. For example, a former vice-chancellor of the University of Zimbabwe was forced
to resign in 2002 when it was revealed that he had facilitated the enrolment of a governor of
Manicaland for a post-graduate programme he did not qualify for (Mambo 2012).

The issues of public sector ethics are seen as out dated in a corrupted society and the
challenge to convince people to be open in front of ethical dilemmas and understand the
importance and role of ethics no matter the sector is private or public is very hard and
difficult. The problem becomes even more serious in public sector where the budget is in
many cases very limited and there are no money left for expensive ethics training programs
or hot lines or for hiring ethics experts. The challenge is bigger for managers, because
salaries in public sector are lower than in other sectors and there is a correlation between the
income and the corruption level. This idea was proven in the researcher of Rijckeghem and
Weder (2001) where the authors show there is negative relation between wages of public
servants and the corruption. This connection between wages in public sector and corruption
was also analyzed by Muttreja (2012) that made a quantitative research where corruption was
the dependent variable and the independent variable was the wage in public sector. His
conclusion was that corruption is related to wages and one of the solutions to decrease
corruption might be increase wages. But in order to be among the first 50 less corrupt
countries, developing countries such as Zimbabwe should increase wages in public sector
with more than 400% and this is unrealistic at the moment. Corruption is not the only
problem in public sector but it is of major concern because it includes bribery or the problem
of giving and receiving gifts. Henceforth, all the other unethical practices are connected with
corruption. International Monetary Fund (1998) agreed that increasing wages can help reduce
the number of corrupted acts but not always the total money involved because people who
will continue be corrupt will ask more amounts of money. Economic hardship is perceived to
be a major driver of corruption in the education sector, as poorly paid civil servants need to
develop coping strategies to survive, to the detriment of professional integrity (Mapira and
Makitiki 2012). For example, regular teachers provide supplementary tutoring after school
hours, sometimes teaching only half of the curricula during regular hours. This is a concern
expressed by officials at the Ministry of Education (The Standard, 2013)

Gildenhuys (2004) appreciates that the most important issues in public sector are corruption
and maladministration. Some actions are definitely good or definitely bad, but others may be
in a grey zone and make it difficult for a person to make the right decision or to reject
someone or something. Corruption in the public sector in Zimbabwe is seemingly on the
ascendancy. In Zimbabwe reports of abuse of public office have manifested in various forms
resulting in public outcry such as poor service delivery and government losing millions of
dollars. With regards to address systemic corruption in Zimbabwe, the government has an
array of strategies, programmes, organisations and initiatives in the service of strengthening
the capacity of the public sector. These include prosecuting high profile corruption cases,
implementing of national anti-corruption strategy and forfeiture of ill-gotten wealth.
However, it appears that the production of political activities around corruption is fast
replacing the actual tackling of the problem. One case of unethical behaviour allegedly
involves the country’s Director of Epidemiology and Disease Control in the Ministry of
Health and Child Care. Doctor Portia Munangatire was reportedly arrested in 2021 on
charges of criminal abuse of duty for allegedly paying co-workers improper facilitation fees,
using health worker petrol coupons for private cars, and hiring relatives to train health
workers amid the rollout of Covid vaccines. (Smith 2021; Mahlahla 2021; Transparency
International Zimbabwe 2020).

The professional literature is abundant in ethical tools that can be used by managers in their
private or public institutions. These include, codes of ethics or codes of conduct, ethical
committees, ethical audits, ethical procedures and policies, ethical trainings, ethical hotlines,
whistle blowing procedures and others. The problem in ethics management and mostly in
public sector is not with the mechanisms but with their precise implemented. As Lao Tzu the
Taoist said in the poem Tao Te Ching, “The more laws and commands there are, the more
thieves and robbers there will be”. However, it doesn’t necessarily mean that there should not
be laws or codes of ethics, but more important is to communicate these in a proper and
efficient manner. The real problem in ethics management is not the lack of proper tools or
instruments which managers should implement in their institutions in order to prevent or
diminish unethical issues, but the lack of an adequate communication and dissemination of
these mechanisms. In Zimbabwe, there are mechanisms in place to fight corruption at the local
level, including internal and external auditing, enforcement of local government legislation and
investigations by the Anticorruption Commission of Zimbabwe and other special committees from
the Ministry of Local Government however the employees or even the top management
themselves they do not know where exactly they can read these codes or what these codes
really refer to.

Critics of the concept of public sector ethics argue that politicians and public officials often
face immense pressures, such as the need to secure re-election or deal with conflicting
demands from various interest groups. These pressures can potentially compromise ethical
decision-making and lead to actions that prioritize short-term political gains rather than long-
term societal benefits. Moreover, some sceptics contend that the concept of public sector
ethics can be seen as a mere façade, disguising the realities of power struggles, corruption,
and unethical behaviour that exist within politics. They argue that politicians may employ
ethical language to gain public support and create an illusion of ethical conduct while
engaging in questionable practices behind the scenes. Managers of public institutions must be
familiar with all these potential dilemmas and also with the instruments, mechanisms and
tools they can use in order to prevent or fight against these ethical issues when they appear.
Ethics management implies a sound knowledge on issues and instruments used to help
employees deal with these ethical problems before or after the issues appear. Besides the
control mechanisms dealing with ethics, there is also a need for promoting values and
morality among a community or an organization.

While this critical perspective offers valid concerns, it is crucial to recognize that public
sector ethics serves an important purpose. Ethical standards and principles are essential for
maintaining public trust and ensuring accountability within the political sphere. By upholding
ethical conduct, politicians and public officials can help create a transparent and fair system
that promotes the public interest. Furthermore, the existence of public sector ethics can
provide a framework for evaluating and addressing unethical behaviour when it occurs. It
enables the identification of ethical violations and facilitates mechanisms for holding
individuals accountable for their actions. Ethical guidelines can also help establish norms and
expectations, serving as a guide for politicians and public officials to navigate complex
ethical dilemmas. It is worth noting that the perception of public sector ethics can vary across
different countries, cultures, and political systems. While scepticism towards public sector
ethics exists, there are also instances where politicians and public officials have made
significant contributions to society, adhering to ethical principles and promoting public
welfare.

In conclusion, the perspective expressed in Ucan's 2009 statement suggests that the concept
of public sector ethics may be viewed as weak and inconsequential in the realm of politics.
However, while politics can be challenging and prone to ethical challenges, the existence of
public sector ethics remains important for fostering accountability, promoting transparency,
and maintaining public trust. Ethical considerations should continue to be a part of
discussions and efforts to improve the functioning of the public sector and ensure the well-
being of society as a whole.

2. Whistleblowing comes with a lot of challenges and as such some scholars such as
Masaka 2007 have questioned the effectiveness of whistleblowing as a way to
combat corruption.
a) Do you think whistleblowing is an effective tool in combating corruption? [10]

Corruption in the public sector involves looting and embezzlement of government funds for
private use (Uwak & Udofia, 2016). Incidents of corruption have been found in various
societal spheres, from the public procurement process (Chaster, 2018), to humanitarian
operations (Transparency International, 2014) and in professional sports (Department of
Justice, 2015). The link between corruption and organized crime has been well established
both operationally and empirically (CISC, 2021; European Commission et al., 2010; Smith et
al., 2020). Thus, the prevention of corruption is crucial to both ensuring the integrity of
private and public systems, as well as in reducing the opportunity for organised crime
involvement. There are a number of scholars who proposed methods that are aimed at
preventing corruption in both the public and private sectors. These methods have been
classified under four overarching themes namely, value-based approaches, compliance-based
approaches, risk management approaches and awareness and participation-based approaches.
This essay focuses mainly on the effectiveness of whistleblowing procedures as an awareness
and participation tool to combat corruption.

Whistleblowing is defined as the act of disclosure by organization members (former or


current) of illegal, immoral or illegitimate practices under the control of their employers, to
persons or organizations that may be able to effect action Near and Miceli (1985, p.4).
Establishing of strong whistleblowing procedures involves providing employees with a quick
and effective means of reporting wrongdoing that they come across with. Whistleblowing can
be highly effective in detecting and exposing corruption. Whistleblowers often have insider
information and firsthand knowledge of fraudulent activities or unethical behaviour within
organizations. By coming forward and providing evidence, whistle-blowers can initiate
investigations that can lead to uncovering hidden instances of corruption
(PricewaterhouseCoopers, 2007). In some cases, these investigations can lead to legal
proceedings against those involved in corruption. Whistle-blower disclosures can serve as
valuable evidence in building cases and holding perpetrators accountable for their actions.
Publicized whistleblowing cases can also contribute to public pressure for thorough
investigations and prosecutions.

In a world where corruption can threaten the fairness of public services, whistle-blowers play
an essential role in upholding ethical standards and act as deterrents against corruption by
creating a climate of accountability. The fear of being exposed and facing legal consequences
can discourage individuals from engaging in corrupt practices. Whistle-blower protection
laws can further enhance deterrence by providing legal safeguards to individuals who report
corruption. Inadequate legal protections and the lack of effective channels for reporting can
discourage potential whistle-blowers from coming forward. In Zimbabwe, the protection of
reporting persons is currently predominantly provided in the Prevention of Corruption Act
[Chapter 9:16]. The Criminal Procedure and Evidence Act [Chapter 9:07], also contains
provisions which are sometimes relied upon in the protection of reporting persons, although
such provisions only apply if the person making the report is also a state witness in criminal
proceedings. The adoption of the country’s National Anti-Corruption Strategy (NACS) 2020-
2024 in July 2020 is to ensure protection of whistleblowers and victims of corruption, thereby
encouraging active participation in anti -corruption efforts by members of the public.
Additionally, whistleblowing can contribute to a change in organizational culture by
promoting transparency, accountability and ethical behaviour. When employees witness their
colleagues being held accountable for corruption through whistleblowing, it can create a
deterrent effect within the organization and foster a culture of integrity. Whistleblowing cases
often receive significant media attention, raising public awareness about corruption issues.
This increased awareness can mobilize public support and advocacy for anti-corruption
measures. It can also put pressure on governments and institutions to take action against
corruption and implement reforms. For example, under the ZIMRA whistle-blower facility
rewarded legitimate informants on cases relating to tax evasion of the Revenue Authority Act
(Chapter 23:11) as read with Statutory Instrument 150 of 2020 (ZIMRA, 2020). This
encourages whistle-blowers to report fraudulent activities as it regulates payment of rewards
to informants upon whistleblowing and recovery of revenue which results in better public
awareness and advocacy. However, senior Zimra officials use inside information on
individuals and companies’ tax returns and tax evasion to empower their cronies to come and
report cases in return for huge payments, which they then share and that becomes
lucrative fake whistle-blowing (Zimbabwe Mail, 2024). According to Revenue Authority Act
Chapter 23:11 which used to administer the 10% reward for information was suspended
effective 01 December 2021. The suspension does not however hinder citizens who wish to
report tax malpractices to the Authority as they can continue to do so but no reward will be
payable on any recovered amounts. Therefore effectiveness of whistleblowing relies on the
capacity and willingness of authorities to investigate and address reported corruption cases.

Despite the widespread support for establishing strong whistleblowing procedures, the
effectiveness of such policies in reducing corruption remains greatly understudied (Gans-
Morse et al., 2018). While the effectiveness of whistleblowing procedures in preventing
corruption has been greatly understudied, this method appears to have a strong theoretical
grounding and has received support from some of the most prominent anti-corruption bodies
in the world (Chene, 2015; OECD, 2017; Transparency International, 2022c). Schickora
(2011) found that the effectiveness of whistleblowing rules is dependent on how they are
structured. In an experimental study, Schickora (2011) found that only whistleblowing under
asymmetric leniency for the bribe reduces the occurrence of corruption. In other words, the
only successful whistleblowing scenario is when the official (bribe) is given the opportunity
to “blow the whistle” without risk of penalty. Furthermore, Such and Shim (2020), in their
study of the South Korean financial sector, found that in order for whistleblowing policies to
be perceived as effective, it is first necessary to establish an organizational environment that
fosters ethical behaviour that is whistle-blowers are more likely to come forward if their
organization is supportive of such actions and they do not face the potential for serious
backlash. Generally, there is a common consensus that establishing effective complaint
mechanisms and ensuring that those who do report corruption are protected, are essential
elements of any integrity management system (OECD, 2017).

In conclusion, whistleblowing can be an effective tool in combating corruption by detecting


and exposing wrongdoing, acting as a deterrent, initiating investigations, promoting internal
reforms and raising public awareness. However, its effectiveness can be influenced by factors
such as whistle-blower protection laws, institutional responsiveness, public support, and the
ability to address the challenges and limitations associated with whistleblowing.
Theoretically, whistleblowing is believed to lower corruption as it removes some of the
common barriers that can prevent potential whistle-blowers from reporting. The importance
of whistleblowing procedures and establishing proper protections for whistle-blowers has
been highlighted by a number of prominent anti-corruption bodies.

b) In what ways can the public service improve the whistleblowing process in order
to make it more effective [5]

Improving the whistleblowing process within the public service can contribute to making
it more effective in combating corruption. The following are the ways on which public
service can improve the whistleblowing process in order to make it more effective.

Commitment from leadership – Support from the top in the form of vocal and practical
endorsement (for example, through supporting statements and raising awareness) from
the board, executive directors and senior management has been identified as a crucial
foundation for a culture of openness and integrity in an organisation as a whole. Thus, an
essential starting point for any effective whistleblowing policy is a genuine desire from
the board or governing body for employees to raise concerns as well as sincere
commitment at the management level to support them to do so. Whistleblowing regimes
are most effective where governing bodies and management have a clear understanding of
the benefits of whistleblowing mechanisms in general and of the nature of whistleblowing
procedures in their organisation in particular. Management is seen to support internal
reporting in practice for example, reports are dealt with appropriately and thoroughly
while whistle-blowers are supported and protected in order to not to discourage other
potential whistle-blowers. Management can be held accountable for their handling of
whistle-blower concerns, for example, by including this as an aspect of their performance
review.

Anonymous Reporting Channels - Provision of anonymous reporting channels can


encourage individuals to come forward with information about corruption. This can be
done through dedicated hotlines, online platforms or third-party reporting mechanisms.
Ensuring the confidentiality and security of these channels is crucial to protecting the
identity of whistle-blowers and maintaining their trust. Nevertheless, a whistle-blower
must have the right to keep their identity confidential to protect them from potential risks
and retaliation and to allow the organisation to establish the facts of a case discreetly.
Some organisations may also choose to enable anonymous reporting, although additional
standards and guidelines for anonymous reporting are recommended.

Whistle-blower protection and support - To protect a whistle-blower from retaliatory


action, policies should include a clear statement backed up by real commitment that the
organisation will not tolerate any retribution against a person for raising a concern.
Retribution (including all forms of retaliation, disadvantage or discrimination in the
workplace) could take the form of dismissal, probation and other job sanctions, punitive
transfers, harassment, reduced duties or hours, withholding of promotions or training, loss
of status and benefits and threats of such actions. From within the organisation, sanctions
against retaliation may include treating retaliation as a disciplinary matter, with penalties
and dismissal.

Training and Awareness Programs - Conducting regular training and awareness programs
on whistleblowing can educate public service employees about the importance of
reporting corruption and the procedures involved. Trainings usually cover the rights and
protections afforded to whistle-blowers, how to identify corrupt practices and the steps to
take when making a disclosure. Effective communication of internal reporting procedures
to staff include promotion via intranet, promotional leaflets or posters, as well as regular
staff training and a session on reporting procedures as part of new staff induction. These
programs can also help dispel misconceptions and address concerns related to
whistleblowing.
Evaluation and continuous review - Regular evaluation of the whistleblowing process can
be fostered by collecting feedback from whistle-blowers and assessing the effectiveness
of the system to help identify bottlenecks, address shortcomings and implement necessary
changes to enhance the overall effectiveness of the process. Conducting periodic audits of
the internal reporting mechanism also help an organisation to improve its policies.
Records of the number, type and outcome of complaints should be kept and a provision
be made for independent review by a body such as the board or an audit committee.
Indicators to test the effectiveness of a whistleblowing policy include, a review of staff
awareness, trust and confidence in the policy, any complaints of victimisation or failures
to maintain confidentiality. Organisations should take care to ensure that the collection
and maintenance of records comply with data protection procedures.

In a summary, implementing of the above measures can help create an environment that
encourages whistleblowing, protects whistle-blowers and ensures that reported corruption
is appropriately addressed. It is important to foster a culture that values integrity,
transparency, and accountability, where whistleblowing is seen as a vital tool in
combating corruption within the public sector.
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