Conflating morality and the law does South Africa's governing party no good

 

Supporters of Ace Magashule, the secretary general of the ANC, protest outside the court where he appeared on corruption charges. EFE-EPA/Conrad Bornman

Since the African National Congress (ANC) came to power in South Africa in 1994, it has been dogged by corruption and abuse of power.

These “sins of incumbency” – the seduction of politicians and public officials by power and their abuse of it for their own ends – became endemic during former president Jacob Zuma’s term (May 2009 to February 2018).

The details coming out of the Zondo commission of inquiry into state capture have shown how deeply this has taken root. Can the governing party dig it out?

The ANC passed a resolution on how to deal with dishonesty in its ranks at its 54th national conference in December 2017.

It resolved that any of its cadres “accused of, or reported to be involved in, corrupt practices are to account to the Integrity Committee immediately or face disciplinary processes”.

It added that those

who fail to give an acceptable explanation or to voluntarily step down while they face disciplinary, investigative or prosecutorial procedures were to be summarily suspended.

The party’s integrity commission was established in 2013 to be the custodian of this moral stance, after a series of scandals that damaged its public image.

On a path to political morality?

This, followed by the adoption of the anti-corruption resolution and election of Cyril Ramaphosa as president of the ANC, and of the country, created optimism that, finally, the party was set to mend its ways.

That was easier said than done.

Three years later, the resolution is embroiled in controversies, pitting the ANC’s factions against each other. The biggest test came last November, when the party’s secretary general, Ace Magashule, was charged with corruption and appeared in court.

He defied the integrity commission’s call on him to step aside, insisting that only the party’s branches could make that demand.

His loyalists pushed back against the resolution while those aligned to Ramaphosa supported it. The matter became embroiled in legalistic arguments about whether his stepping aside would be just and in keeping with the ANC’s constitution, and that of the country, or not.

But this misses the point in that it conflates morality and the law. It will scupper the resolution, robbing the ANC of a chance to clean up its act. If the distinction between morality and legality is blurred, the resolution could be mired in misconceptions.

Morality versus the law

Morality shapes people’s lives, including their thoughts and actions, on the basis of what society generally accepts as right and wrong. It is used to check people’s “self-interested, emotional, or sentimental reactions to serious questions of human conduct”. This is what enables people to coexist.

Morality depends on one’s conscience to freely comply with societal expectations.

The law, which the legal scholar Arthur Scheller Jr defines as “an ordination of reason for the common good”, is a system of rules that prescribe behaviour and is enforceable.

Various formations in society, such as political parties, may have their own laws or rules to regulate the conduct of their members. But such rules should not contradict the supreme law of the land - the constitution - especially in a constitutional democracy founded on the principles of the rule of law.

Morals and laws are not binaries. They complement each other. When the law enhances moral conscience and morality promotes legal consciousness, people can live together harmoniously and ethically.

The confluence of morality and law is what makes for a good society. This is what the ANC fails to grasp. It uses the law to stymie its own resolution, which is basically about the party reclaiming its political morality.

Instead of those who run foul of the resolution stepping aside, contrasting legal opinions are sought. They don’t provide clarity; they cloud a resolution that has all along been clear.

As the American sociologist Robert MacIver once said,

to turn all moral obligations into legal obligations would be to destroy morality.

Innocent till proven guilty

Subjecting the ANC’s “step-aside” resolution to legal interpretation ignores the context that gave rise to it, and its aim of restoring morality within the party. That is imperative if the ANC is to regain trust in society and win votes.

Sticking to the legal principle that one is innocent until proven guilty, just to keep those who flout the resolution in office, misses the point.

The guilt or innocence of a person is a function of a juridical process or law. That they should step aside is a moral stance. It is also for this reason that the party established its integrity commission, whose mandate is to

protect the image of the organisation and enhance its standing in society by ensuring, among others, that urgent action is taken to deal with public officials, leaders and members of the ANC who face damaging allegations of improper conduct.

The commission cannot pronounce on the guilt or blamelessness of a person, but on political morality – a function of moral conscience and consciousness. Unfortunately, it is becoming difficult for some in the ANC to appreciate this. Indeed, as the American political activist Upton Sinclair once said:

it is difficult to get a man to understand something when his salary depends upon his not understanding it.

Way forward

The conflation of morality with legality has obfuscated a resolution that led many corruption-weary South Africans to believe that the ANC, which fancies itself “the leader of society”, was set on a new path of moral political rectitude.

Building organisational integrity requires that party leaders be guided by their moral conscience. These should shape the party’s moral disposition in line with its values and principles to achieve its purpose, which has always been about the common good.

Changing the party’s rules to make the integrity commission’s recommendations binding is not going to make party leaders and members internalise morality. What the ANC needs is genuine commitment to institutionalise ethical leadership among all in its ranks.

Mashupye Herbert Maserumule, Professor of Public Affairs, Tshwane University of Technology

This article is republished from The Conversation under a Creative Commons license.

Why ocean pollution is a clear danger to human health

 

Plastic waste is the most visible component of ocean pollution. Maxim Blinkov/Shutterstock

Ocean pollution is widespread, worsening, and poses a clear and present danger to human health and wellbeing. But the extent of this danger has not been widely comprehended – until now. Our recent study provides the first comprehensive assessment of the impacts of ocean pollution on human health.

Ocean pollution is a complex mixture of toxic metals, plastics, manufactured chemicals, petroleum, urban and industrial wastes, pesticides, fertilisers, pharmaceutical chemicals, agricultural runoff, and sewage. More than 80% arises from land-based sources and it reaches the oceans through rivers, runoff, deposition from the atmosphere – where airborne pollutants are washed into the ocean by rain and snow – and direct dumping, such as pollution from waste water treatment plants and discarded waste. Ocean pollution is heaviest near the coasts and most highly concentrated along the coastlines of low-income and middle-income countries.

The ‘pollution-berg’. Will Stahl-Timmins/Boston College/Centre Scientifique de Monaco, Author provided

Ocean pollution can also be found far beyond national jurisdictions in the open oceans, the deepest oceanic trenches, and on the shores of remote islands. Ocean pollution knows no borders.

The most hazardous ocean pollution

Plastic waste is the most visible component of ocean pollution. More than ten million tonnes of plastic enter the seas every year. The majority of this breaks down into microplastic particles and accumulates in coastal and deep-sea sediments.

Some large pieces float in the water for decades ending up as massive concentrations where currents converge and circulate. The Pacific Ocean’s so called “garbage patch” is a well-known example.

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Read more: It might be the world's biggest ocean, but the mighty Pacific is in peril

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Microplastics contain multiple toxic chemicals that are added to plastics to make them flexible, colourful, waterproof or flame-resistant. These include carcinogens, neurotoxins, and endocrine disruptors – chemicals that interfere with hormones, and can cause cancer, birth defects, and reduced fertility.

These chemical-laden particles enter the food chain and accumulate in fish and shellfish. When humans eat seafood contaminated with these materials, we ingest millions of microplastic particles and the many chemicals they carry. Though there is still debate on the harm to humans from microplastics, exposure to these chemicals increases the risk of all the diseases that they cause. Virtually all of us have microplastics in our bodies today.

Mercury is widespread in the oceans, and the major culprit is coal burning in homes and industry. All coal contains mercury, and when it burns, mercury vaporises, enters the atmosphere, and eventually washes into the sea. Gold mining is another source, as mercury is used to dissolve gold from the ore.

Mercury can accumulate to high levels in predatory fish such as tuna and swordfish, which are in turn eaten by us. Contaminated fish can be especially dangerous if eaten by expectant mothers. Exposure of mercury to infants in the womb can damage developing brains, reducing IQ and increasing risks for autism, ADHD, and other learning disorders. Adult mercury exposure increases risks for heart disease and dementia.

Petroleum pollutants from oil spills threaten the marine microorganisms that produce much of the Earth’s oxygen by reducing their capacity for photosynthesis. These beneficial microorganisms use solar energy to convert atmospheric CO₂ into oxygen and are also affected by organic pollutants and other chemicals. When there is a major oil spill, the impact can be huge.

Coastal pollution from industrial waste, agricultural runoff, pesticides, and sewage increases the frequency of harmful algal blooms, known as red tides, brown tides, and green tides. These blooms produce powerful toxins like ciguatera and domoic acid that accumulate in fish and shellfish. When ingested, these toxins can cause dementia, amnesia, paralysis, and even rapid death. When inhaled, they can cause asthma.

Dangerous microorganisms result from a combination of coastal pollution and warming seas, which encourages their spread. Harmful bacteria such as the vibrio species – found in warmer waters and responsible for vibriosis, a potentially fatal illness – are now appearing further north and causing life-threatening infections. There’s a high risk that cholera, caused by vibrio cholerae, could spread to new, previously unaffected areas.

And the health impacts of ocean pollution fall disproportionately on indigenous peoples, coastal communities and vulnerable populations in the Global South, underlining the planetary scale of this environmental injustice.

Political will and scientific evidence

While the findings in this report are alarming, the good news is that ocean pollution, as with all forms of pollution, can be controlled and prevented. Bans on single-use plastics and better waste sorting can curb pollution at its source, especially plastic waste, both on land and at sea.

Wise governments have curbed other forms of pollution by deploying control strategies based on law, policy, technology, and targeted enforcement. The US, for example, has reduced air pollution by 70% since the passage of the Clean Air Act in 1970. They have saved thousands of lives. They have proven highly cost-effective.

Countries around the world are now applying these same tools to control ocean pollution. Boston Harbour in Massachusetts and Victoria Harbour in Hong Kong have been cleaned. Estuaries from Chesapeake Bay in the US to the Seto Inland Sea in Japan have been rejuvenated. Some coral reefs have been restored, such as those in American Samoa, where vigilance, protection and quick response have happened in relation to various pollution threats.

These successes have boosted economies, increased tourism, restored fisheries, and improved health. They demonstrate that broad control of ocean pollution is feasible and their benefits will last for centuries. Our study offers some clear recommendations for preventing and controlling ocean pollution, including transitioning to cleaner energy, developing affordable alternatives to fossil fuel-based plastics, reducing human, agricultural and industrial discharges, and expanding Marine Protected Areas.

Protecting the planet is a global concern and our collective responsibility. Leaders who recognise the gravity of ocean pollution, acknowledge its growing dangers, engage civil society, and take bold, evidence-based action to stop pollution at source will be essential for preventing ocean pollution and safeguarding our own health.

Jacqueline McGlade, Professor of Natural Prosperity, Sustainable Development and Knowledge Systems, UCL and Philip Landrigan, Professor and Director, Global Public Health Program and Global Pollution Observatory, Schiller Institute for Integrated Science and Society, Boston College

This article is republished from The Conversation under a Creative Commons license.