PROF TM Tax Professionals Ethical Responsibilities 1 3

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TAX PROFESSIONALS’ ETHICAL

RESPONSIBILITY TO SOCIETY

Prof Thuli Madonsela


Thuma Foundation Founder
Director: Centre For Social Justice and Law Trust Chair Professor In Social Justice
Presentation to Tax Professionals

08 August 2023
OVERVIEW

Contextualisi
ng Ethics

© 2022 Prof Thuli Madonsela


CONTEXTUALISING ETHICS

At the core of ethical conduct


is trustworthiness and those
who exercise public power and
control over public resources,
do so on the basis of entrusted
power (The fable of Queen
Nzinga’s Father)
CONTEXTUAISING ETHICS
OUR REALITY THE PROMISED LAND
CONTEXTUALISING ETHICS 52 % = What the richest 10% take of
global income

8.5% = What the poorest half take of


global income

Wealth inequality is worse

• .”

2% is what the poorest 50 % own

76% is what the richest 10% own

The to richest got richer during Covid-


19 with more dollar billionaires created
[ World Inequality Report 2022)
LESSONS FROM THE
INTEGRITY FRONT
When Ethics fail
systems fail and things
fall apart yet it is poor
systems that are a
major enabler of
systems failure
LESSONS FROM THE
INTEGRITY FRONT
Five Propositions
1. Two of the most pressing challenges of our time are
climate change and social justice and both have been
worsened by integrity lapses
2. Corruption, which is the abuse of entrusted power for
personal gain or participation in such abuse or
personal gain, is an injustice that is a dimension of
social justice
3. Endemic corruption is a symptom of a systemic
integrity deficit and public governance faultlines
4. Integrity Officers such as Tax Professionals have a a
major responsibility for guardrailing ethics
5. Ethical lapses are a major cause of fragility
WHAT IS ETHICS– WHY THIS MATTERS?
moral principles that govern a person's
behaviour or the conducting of an activity.
Oxford Languages
Many of South Africa’s pressing
challenges can be traced to integrity
lapses, from unmanaged conflict of
interest and other ethical violations to
corruption, including state capture.
(E.g. Medupi- Kusile, prioritizing BEE
over Equality Act, Land Purchases
such as Malelane, immigration control
failures, labour standards Systemic integrity lapses drive
accountability failures and political governance failure and when
control over bureaucrats and elite
control over politicians. governance fails, things fall
apart
THE RELATIONSHIP
BETWEEN INTEGRITY,
ETHICS AND CORRUPTION
Integrity is a virtue that is expressed through consistent
ethical conduct while lack of integrity includes all forms of
dishonesty, including unethical, fraudulent and corrupt
conduct as well as theft.

In PP procurement investigations integrity failures


included, rigged tender processes (On The Point of
Tenders and Docked Vessels (Collusion)), False
Billing (Pipes to Nowhere) Overcharging (Against
The Rules and Against The Rules Too) Overbilling (
Secure In Comfort) and Conflict of Interest ( This
Can’t Be Right, A Course In Ethics) and irregular -
potentially corrupt contracts and payments (Derailed
and State of Capture). Whistle blower reprisals (
Secure In Comfort and This Can’t be right)
THE DRIVERS OF
INTEGRITY LAPSES

1. From need to greed and back to


need (the Guinea Foul Story)
2. Ignorance
3. Blackmail
4. Fear
5. Poor systems
6. Culture (Maladmin & impunity)
7. Small favours
8. Appointments as a favour beyond
competence
9. Exchange of unmerited benefits
4-9 are only influencing factors and not
causal drivers of integrity failures
THE DRIVERS OF
INTEGRITY LAPSES

A note on ethical dilemmas

Sometimes an integrity lapse


results from a difficult choice
between competing values or
virtues
WAYS OF ANCHORING ETHICS

(1) Codes of Conduct


(2) The EPIC Leadership model
anchored in the EPIC Leadership
Code, which has 5 pillars, may be
leveraged to anchor integrity in
persons, teams and organisations.
The 5 keys of the EPIC Leadership
Code are :
1. Leadership
2. Ethical,
3. Purpose driven,
4. Impact conscious and
5. Committed to serve all mindful of
fairness to all and sustainability.
(3) Identity Shifting and Leadershift (
Transcending Fragility
WAYS OF TEACHING ETHICS

Embedded messages such as the AIR


principles in all Public Protector
Speeches

1. Cases law and Ombudprudence


2. Popularize integrity instruments
3. Investigations and Cases Feedback
loop (GEAC) Decision 2023
4. Fables
5. Proverbs
6. Public discourses, incl. social media
7. Gaming
CONCLUSION
1. Meaning of Integrity
2. Importance in public sector,
esp. public procurement:
Why should we care?
3. Drivers: Need to greed and
back
4. Antidotes: Everyday
teaching and practice of
ethics plus indiscriminate
accountability
5. The future: The tide is
turning, particularly
because of climate change
and social justice concerns
We are not the first or last generations to face VUCA while the advantage
we have is that we stand on the shoulders of giants and have an abundance
of modern knowledge and technology plus an opportunity to learn from
nature. We have done better than we give ourselves credit for

Thank you!
GRATITUDE Dankie!
E Nkosi!
Asante Sana

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