Category: Press Release

code-of-conduct

South Africa must distinguish ethical lobbying from undue influence

The South African Lobbying Association (SALA) is following the public discussion arising from reports of engagements between a communications consultancy and members of the Government of National Unity.

Public concern about how influence is exercised in democratic decision-making is both understandable and legitimate. Confidence in public institutions and representatives depends on the assurance that decisions are made independently, lawfully and in the public interest. Recent events have prompted questions about transparency, ethics and the standards expected of those who engage government.

What the current debate also demonstrates, however, is the need for greater precision in both understanding and practice.

Ethical lobbying, influence peddling and corruption are being spoken about interchangeably as though they describe the same conduct. They do not. They raise different legal, ethical and governance considerations and implications. Lack of distinction weakens democratic participation without addressing the conduct that rightly concerns the public.

In South Africa’s constitutional democracy, spheres of government engage those affected by public policy, legislation and regulation processes and decision-making. Businesses, trade unions, professional associations, civil society organisations, academic institutions, faith communities and citizens all seek to inform legislative, regulatory and policy decisions. They do so because public policy is stronger when informed by an active and engaged citizenry, practical experience, specialist knowledge, evidence and the perspectives of those who are affected and impacted.

This is neither unusual nor undesirable. It is how participatory democracy functions and South Africa’s maturing constitutional democracy is stronger for it.

Ethical lobbying, properly understood, is the organised representation of interests before public decision-makers. It is intended to inform, persuade and contribute to policy, legislative and regulatory deliberation. It does not confer decision-making authority, nor does it replace the judgement or constitutional responsibilities of Ministers, Members of Parliament or public officials.

Influence peddling and coercion is something altogether different. It rests on the perception or promise that outcomes can be guaranteed and secured through personal relationships, privileged access or proximity to power rather than through the strength of evidence and merit. Where that crosses into unlawful conduct, the law is clear.

The distinction is not semantic. It lies at the heart of public confidence and trust in democratic institutions.

Established in 2019, the South African Lobbying Association exists to advance ethical, lawful and transparent lobbying, government relations and public affairs practice. It was founded on the conviction that professional standards strengthen democratic participation by providing clear expectations of conduct for practitioners, clients and public institutions alike.

SALA’s Code of Professional Conduct requires members to act honestly, disclose whom they represent where appropriate, avoid conflicts of interest, respect institutional processes and never misrepresent either their mandate or their influence.

The consultancy currently at the centre of public reporting is not a member of SALA.

SALA welcomes public engagement on the valuable role of ethical, lawful and transparent lobbying, government relations and public affairs, in enhancing South Africa’s constitutional democracy. Any profession that operates at the intersection of business, society and government carries a heightened responsibility to earn and maintain public trust through conduct rather than assertion.

Equally, South Africa should resist drawing broad conclusions about an entire profession from allegations concerning individual actors.

Every day, organisations and individuals across South Africa are entrusted to engage government on issues ranging from job creation, the economy, skills and education, the environment, infrastructure, energy, water, transport and other areas of policy and regulation. They do so ethically, legally and with due regard for governmental and institutional processes and procedures. These engagements takes place through structured consultations, parliamentary processes, regulatory hearings and formal stakeholder forums established precisely because government benefits from hearing different perspectives, evidence and expertise before making decisions. These engagements are conducted openly, routinely and within established institutional processes.

It would be incorrect to cast aspersions over all organised engagement with government because of concerns arising in a particular matter, about one entity and certain individuals.

Internationally, the recognition of ethical and responsible lobbying’s value to democracy and public governance has progressed considerably over the past two decades. The question is no longer whether ethical lobbying should exist. Democracies recognise that professional advocacy and interest representation, bring value to public governance and democratic participation. The focus has shifted to ensuring that such engagement is responsible and takes place within frameworks that promote transparency, manage conflicts of interest, reinforce ethical conduct and strengthen public confidence in decision-making.

SALA has supported this approach as reflected in the seminal work of the Organisation for Economic Co-operation and Development (OECD) on lobbying transparency and responsibly political engagement, which is being increasingly adopted across democracies. Its encourages greater public participation in public governance, ensuring that the advocacy and influence associated with such engagement, is exercised responsibly and that public institutions remain independent, accountable and trusted.

The Association is proud to have contributed its unique expertise and learnings from South Africa’s constitutional democracy in strengthening collective global action on lobbying’s role in strengthening democracy and public governance. Additionally, through bilateral international partnerships with leading peer national bodies, SALA has advocated for professional standards that reflect both international practice and South Africa’s constitutional values.

Therefore, ethical lobbying in South Africa is not void of governance frameworks. Public officials and those who engage them already operate within an extensive framework of constitutional obligations, anti-corruption legislation, ethics rules, procurement law, administrative justice, access to information requirements and corporate governance standards. These measures create important safeguards and accountability mechanisms across both the public and private sectors. That does not mean the conversation ends there.

There is merit in deepening perspectives on improving public confidence, transparency and ethical practice across the profession. Such discussions should be evidence-based, proportionate and informed by South Africa’s constitutional framework first, rather than driven by the circumstances of any single controversy.

Experience shows that no single measure will fully eliminate the risk of improper influence, abuse of power, coercion or conflict of interest by those who do not share these professional ethics.

The Association supports the national discussion on responsible ethical-led lobbying, government relations and public affairs, which protects the constitutional right of individuals and organisations to engage government institutions, public officer bears and officials on matters of public governance and decision-making, while respecting the independent of decision-makers and institutions.

That conversation should recognise lobbying as a legitimate democratic activity, distinguish clearly between professional advocacy and influence peddling, strengthen ethical standards across the profession and preserve fair access to public institutions for all sectors of society.

Professional lobbying is not about selling access or trading on relationships. Its purpose is to ensure that decision-makers are equipped with relevant information before exercising their independent judgement. That standard protects government, those who engage it and ultimately the public interest.

SALA remains committed to working with Parliament, spheres of government, business, organised labour, civil society and fellow professional bodies to advance its established standards that reinforces the legitimacy and value of ethical, lawful and transparent lobbying to participatory democracy and confidence in public institutions and processes in South Africa.

South Africa’s democracy is strengthened by ethical, lawful and transparent lobbying, not weakened by it. It broadens engagement, respects institutions and contributes to informed independent decision-making in the public interest.

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