The Dilemma of Balancing Trust and Accountability in Land Administration Through the Involvement of Traditional Leaders in Malawi
Maureen Linda KAPANGA
University of Malawi (UNIMA), Malawi
Problem Statement and Purpose
Traditional leadership in African countries, notably Malawi, plays a crucial role in land reform and administration. This paper addresses the challenge of balancing trust and accountability in the context of Malawi's land administration. Despite being highly trusted, traditional leaders are perceived as corrupt, raising concerns about their role in the ongoing land reform. The dilemma arises from the contested nature of their involvement in the reform process, marked by references to traditional practices that hinder progress. The aim of the paper is to explore alternative accountability arrangements to ensure ethical conduct and accountability of traditional leaders in the evolving landscape of land administration.
Methodology
Drawing on qualitative empirical data, the research relies on interviews with traditional leaders (in Machinga, Mzimba, and Lilongwe districts of Malawi), Civil Society Organizations, Government Officers, and Academics. Additionally, the paper utilizes secondary data, particularly survey reports on traditional leadership in Malawi, to provide a comprehensive analysis.
Findings
Examining the dynamics of traditional leadership in land reform, the paper highlights the paradox of high trust juxtaposed with perceptions of corruption. Traditional leaders in Malawi, pivotal in land allocation historically, face challenges in adapting to the changing land policies. The paper underscores the need for alternative approaches to enhance accountability and ethical conduct in land administration, given the prevailing public perception.
Proposals
Addressing the identified challenges, the paper advocates for the development of new accountability frameworks to guide the involvement of traditional leaders in land administration. It argues that future effective implementation of land laws requires a nuanced engagement with traditional leadership, recognizing their historical significance while ensuring alignment with contemporary values. The proposals aim to reconcile the trusted status of traditional leaders with the demands for accountability and ethical conduct in the evolving land administration landscape.
References
Antwi-Bediako, R.2018. Chiefs and nexus of challenges in land deals: An insight into blame perspectives, exonerating chiefs during and after Jatropha investment in Ghana. Cogent Social Sciences, 4:1, Pp1-20
Chinsinga, B., Wren-Lewis, L. 2013. Grabbing land in Malawi. In: Soreide and Williams, Corruption, Grabbing and Development: Real World Challenges. Edward Elgar Publishing. Pp. 93-102, Doi: 10.4337/9781782544418.00017
Kapanga, M. Kayuni, H and Chasukwa, M. 2021. The State, Traditional Leadership and the Politics of Land Reforms in Malawi. The African Review. 48 (2021): 1–25. BRILL Publishers.
Reshaping the Value of “Ethic Governance”in Public Governance
Zhao XIAOHONG
Qinghai Provincial School of Administration, China, People's Republic of
Problem Statement and Purpose
China has a profound tradition of ethic governance and is facing a modern transformation towards good governance. For the government,the good governance is not only a continuous process of institutional governance and technological governance, more importantly, it should
reflect the value of "ethic governance". In public governance,the"ethic governance" is the inherent motivation and ultimate value , more fundamental. Particularly at present,with the accelerated evolution of the world's century long changes, as China enters a new era and new stage of development, the shift in balance between countries, markets, and civil society, as well as the changing social customs and other factors, are changing the environment in which government operates, posing new challenges and tasks to government governance.It is particularly important and urgent to reshape the pattern of ethic governance, unite the rational consensus of governance and activate the vitality of social ethic order with a "good governance" government in the process of modernization of governance .
Methodology
The study focuses on the situation of ethic governance in recent years. Based on the perspective of administrative ethics to government and society, through the case studies, interviews, survey scales, and other analytical methods, trying to recur the scene of the practical ethic governance,make an effective evaluation and expectations for development prospects.Finally,
provide countermeasures and suggestions for the optimization path of ethic governance.
Findings
The Ethic Governance in the public governance system,means three layers of value order: First, a fair ethic environment should be focus on constructing in ensuring the satisfaction of the most basic material needs;Second, a harmonious and stable interpersonal communication mechanism and a rational public communication order; Third, a value guidance system should be formed to better promote a better public communication order.
Proposals
The Ethic Governance level directly affects the public ethic order.Strengthening self ethic construction is a top priority.Secondly, Should constantly improve and strengthen the construction of ethic responsibility system which requires to promote the complementary advantages of government responsibility subjects and synthesize "combat".Finally, should constantly strengthen the governance of public ethic order. On the one hand, plays a leading and exemplary role. On the other hand, should constantly maintain and calibrate.By perfecting laws and following up relevant systems, the government should set standards for the development of some new situations, to safeguard the healthy development.
References
1.Easton.Systematic Analysis of Political Life, Huaxia Publishing House, 1989
2.Rodney Peifer.Marxism, Morality, and Social Justice, translated by Lv Liangshan et al., Higher Education Press, 2010
3.Yu Keping. Governance and Good Governance .Social Sciences Academic Press, 2000.
Ethics and accountability issues and interventions in the South African Public Sector
Modeni Mudzamba Michael SIBANDA
University of Fort Hare, South Africa
Problem Statement and Purpose
1. Problem statement
A basic tenet of governance in the public sector is that public officials are obliged to comply with prescribed normative values of public administration. Rule-based or compliance-based approaches to ethics provide maxims, which serve; guidance (prevention), management (oversight) and control (enforcement) functions. A capable, developmental state is anchored on a public service ethos, committed to ethical leadership, moral decision-making, professional integrity, public service values, principles and ethical norms and standards. In the South African public sector, the convergence of business interests and politicians’ private interests often culminate in parasitic plundering of public resources through clientelism, patronage, patrimonialism, corruption and state capture.
2. Purpose
The paper explores ethics management approaches for a capable, developmental South African public sector and presents a case for a value-based integrity approach to public service ethics. It interrogates discourses on an ethical architecture for public service governance, rule of law, ethics, accountability, transparency, and integrity. Complementarity between compliance/rule-based and value-based/integrity approaches the paper argues, provides critical state capacities and capabilities for achieving strategic outcomes of the National Development Plan 2030, Africa Union Agenda 2063, and the 2030 Agenda for Sustainable Development by the South African developmental state.
Methodology
3. Methodology
A qualitative desk-top research approach, analysing secondary documents, and extant literature will be used.
Findings
4. Findings
Rule-based controls which seek to enforce compliance often fall short of promoting and activating a responsible approach to ethical conduct in the public sector. An ethical, capable, and developmental state is to be buttressed in public service institutional ethical cultures, embedded in value-based/integrity approaches, and complemented by compliance/rule-based approaches.
Proposals
5. Proposal
An ethics management architecture and approach, for promoting an ethical, capable, and developmental state South African public service, has to be anchored on complementarity and intersection between compliance/rule-based and value-based/integrity public service ethics approaches.
References
6. References
Egugbo, C.C., 2022. Ethics and accountability in governance: Panacea for effective and efficient public service delivery in Nigeria, ACTA Universitatis Danubius, Administratio (AUDA),14(1), 50-61.
Fourie, D & Kimaro, J, 2020. The Interrelationship between Ethics and Integrity in Public Administration, Administratio Publica, 28(2), 76-93.
Sibanda, M.M. 2022. Institutionalising ethics in the South African public sector, The USV Annals of Economics and Public Administration (USVAEPA), 22(1(35), 168-181.
ALTERNATIVE WAYS TO RESTORE ACCOUNTABILITY, ETHICAL CONDUCT, AND SERVICE DELIVERY IN MUNICIPALITIES IN DESPAIR IN THE FREE STATE PROVINCE, SOUTH AFRICA
Tryna VAN NIEKERK
Central University of Technology Free State South Africa, South Africa
Problem Statement and Purpose
Section 152 (1) of the Constitution of the Republic of South Africa, 1996 (Hereafter referred to as the Constitution, 1996) provides that municipalities are responsible for the provision of services to the communities in a sustainable and accountable manner as well as to promote social and economic development of their communities. Despite the constitutional requirements to promote accountable local government the municipalities’ in the Free State Province are in a state of despair. Not only is Mangaung Metropolitan Municipality listed as the worst-performing metropolitan municipality in the country, but Majhabeng Local Municipality is also ranked as the second worst-performing local municipality in the country. For the sixth consecutive year, none of the municipalities in the Free State Province received a clean audit report in the 2021-2022 financial year which is an indication of a lack of accountability, and poor governance, which results in poor service delivery. A total of 73% of municipalities in the Free State province, published poor performance reports that hamper effective service delivery in these municipalities. Despite, that all municipalities planned for basic service delivery, most municipalities including the Mangaung Metropolitan Municipality did not achieve most of the planned targets for the provision of electricity, water, sanitation, and maintenance of infrastructure because of poor governance, poor financial planning, and a lack of accountability. The purpose of this paper is to investigates alternative ways to restore accountability, ethical conduct, and service delivery in municipalities in the Free State Province.
Methodology
The paper contains an analysis of selected literature, reports on state capture, and audit reports while taking a descriptive and analytical approach
Findings
The paper argues that if functionaries are not held accountable for their actions self-interest will flourish and service delivery will not improve.
Proposals
The paper recommends the involvement of private-public partnerships to develop and establish a transparent digital governance system and financial controls that promote a detective control environment with no manual override. It is further recommended that people with critical skills such as engineers, accountants, and other professionals must be deployed at municipalities to restore infrastructure and service delivery.
References
Reference List
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Fourie, D. 2018. Ethics in municipal Supply Chain Management in South Africa, London South Bank University, 33(7), 726-739. Available at: https://repository.up.ac.za/bitstream/handle/2263/ 67253/Fourie_Ethics_2018.pdf (Accessed on 26 September 2019).
Gildenhuys, J.S.H. 2018. Introduction to Local Government Finance. A South African Perspective. 15 Impression. Pretoria: Van Schaik Publishers.
Khalo, T. and Vyas-Doorgapersad, S. 2018. Municipal financial management. In Van der Waldt, G. (ed.), Van der Walt, C., Venter, A., Phutiagae, K., Nealer, E., Khalo, T. and Vyas-Doorgapersad, S. 2018. Municipal Management Serving the People. 3rd Edition. Claremont: Juta.
Kraai, S., Holtzhausen, N. and Malan, L. 2017. Oversight mechanisms in local government: a case of Ekurhuleni Metropolitan Municipality in South Africa. African Journal of Public Affairs, 9(6), pp. 59-72.
Ndaba, B. 2019. 25 billion wasted: municipalities in a mess, auditor-general to hold mayors, municipal managers to account. The Star, 27 June 2019.
Ntonzima, L. 2011. Public Financial Controls. Journal of Ppublic Administration, 46(3),1010-1022.
Sibanda, M.M. 2017. Control, ethics and Accountability in The Financial Management Performance of Eastern Cape Municipalities. Journal of Public Administration, 52(2), 313-339.
Sibanda, M., Zindi, B. and Maramula, T.C. 2020. Control and accountability in supply chain management: Evidence froma South African metropolitan municipality. Coget Business and Management. Available at: https://doi.org/10.1080/23311975.2020.1785105. (Accessed on 19 May 2021).
Siddle, A. and Koelble, T.A. 2012. The Failure of Decentralisation in South African Local Government. Claremont: UCT Press.
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South Africa (Republic). 2008. Local Government: Laws Amendment Act, Act 19 of 2008. Pretoria: Government Printers.
South Africa (Republic). 2013. Department of Co-operative Governance. Research Weekly e‐Alert: oversight in the local government sphere. Pretoria: Government Printers.
Thornhill, C. and Cloete, J.J.N. 2014. South African Municipal Government and Administration. Pretoria: Van Schaik Publishers.
Thornhill, C. 2015. Accountability. A Constitutional Imperative. Administratio Publica, 23(1),77-101.
Van der Walt, D. 2015. Public Procurement: A bastion against corruption. In Thornhill, C., Van Dijk, G. and Ile. (eds). Public Administration & Management in South Africa: A Developmental Perspective. Cape Town: Oxfort University Press.
Van der Walt, C., Venter, A., Phutiagae, K., Nealer, E., Khalo, T. and Vyas-Doorgapersad, S. 2018. Municipal Management Serving the People. 3rd Edition. Claremont: Juta.
Van Niekerk, T. and Dalton-Brits, E. 2016. Mechanisms to strengthen accountability and oversight within municipalities, with specific reference to the Municipal Public account Committee and the Audit Committee of Mangaung Metropolitan Municipality. African Journal of Public Affairs, 9(3), 117-128.
Van Niekerk, T. and Sebakamotse, J.K.T. 2020. A few critical observations of current oversight and accountability challenges of financial management of municipalities in the Free State Province: An ethical dilemma. Journal of Christian Scholarship, 56(3&4), 269-293.
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