Ethics in South Africa: E-tolling, Nkandla, and spying claims against the big three cell companies

Among its many problems, South Africa is struggling to be a moral nation, a nation where ethical standards are upheld and people behave in a morally commendable way. In pursuing this goal, the country faces many challenges. As Cynthia Schoeman, the MD of the Ethics Monitor points out, South Africa is facing a number of tough ethical questions. For example, given the flawed nature of the e-tilling implementation process and its disregard for the will of citizens, is it ethical to refuse to buy an e-tag? Should the Nkandla report on Jacob Zuma’s financial misdeed be made public? Why is the government alleging that MTN, Vodacom and Cell C were involved ina plot to spy on the South African Revenue Service? These are all tough issues that we must wrestle with as we try to embed morality into our young democracy. – DF

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ALEC HOGG:  The South African Revenue Service and the Hawks are investigating MTN, Vodacom, and Cell C over spying claims.  The three cell phone giants allegedly provided a local tobacco manufacturer with cell phone records that were apparently used to spy on SARS investigators.  Joining us now to share her views on the probe is Cynthia Schoeman, managing director of the Ethics Monitor.  Cynthia, it’s good to have you here in the studio with us.  This is a bizarre story.  It’s not British American tobacco – to clarify that part – but a relatively small independent cigarette-maker that somehow managed to get cellphone numbers.

CYNTHIA SCHOEMAN:   It seems absurd that the three big cell phone companies would in fact supply that sort of information.  Clearly, they’re all denying it at this stage, but what there does appear to be, is a very valid charge in terms of trying to interfere with the activities of the SARS investigators.

ALEC HOGG:   You wouldn’t have thought that the private sector – or certainly, cell phone companies – would give over this information.  Might it just be rogue individuals?

CYNTHIA SCHOEMAN:   One would certainly hope so.  The legislation around handing this over is very clear and obviously does not permit this sort of thing, so one would hope that it is perhaps just rogue individuals.  For me, the bigger issue of the story is of course around illicit trading in cigarettes, which, of course, is what the underpinning issue is here.

ALEC HOGG:   You’ve been busy lately – no doubt.  I mentioned to Wayne a little bit earlier about the whole OUTA story.  Where – from an ethical perspective – do you stand on that?  Do you have an e-tag?

CYNTHIA SCHOEMAN:   No, I don’t and I’m not rushing out to get one anytime soon.  I do think that it qualifies as a real ethical dilemma where one is looking at something.  You know it’s not a case of ‘two wrongs or two rights’.  Where the process is flawed and where the outcome or the process is unjust, I don’t think one can claim it be an ethical issue…not to be ethical, rather than an ethical issue.  There is certainly huge evidence to show that it has not been a fair and transparent process.  Again, arguably, if we live in a democracy what happened to the will of the people?  I think that got a little lost in the pursuit of something else.

ALEC HOGG:   And the will of the people as far as Nkandla is concerned?  We’re a business channel, so we haven’t really been focusing our attention on it, but my goodness, the country is talking about it.

CYNTHIA SCHOEMAN:   It’s huge, and I know one can get into the technicalities of ‘should that report have been released or shouldn’t it?’, but for me the biggest ethical issue there is that we have the sort of number one citizen of the country having…what is it called now…creeping costs around swimming pools as a security feature.  This is new in anyone’s language and while – granted – it is a provisional report that is out there at the moment and it could change, there really appears to be a huge amount of evidence showing that the spending was personal and yet was funded by taxpayers’ money, and that is unethical.  As I said, the biggest issue is that when we have unethical behaviour so blatantly exercised by our number one citizen, I’m afraid it sends a really shocking message.  It almost sort of leads to ‘lowest common denominator’ behaviour of ‘well, if he can do it…’  That’s a tough issue to push back against and try to create appropriate moral choices.

ALEC HOGG:   He too was the man, remember, who drove the moral regeneration of South Africa.

CYNTHIA SCHOEMAN:   I do.  There was a brilliant cartoon around it that I still have.  Yes, irony is an understatement.

ALEC HOGG:   Cynthia Schoeman, the managing director of the Ethics Monitor.

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