
Professional ethical lobbying standards matter
The South African Lobbying Association (SALA) continues to monitor public discussion following allegations involving communications consultancies and practitioners (none of whom are members of SALA) and members of the Government of National Unity.
SALA notes ActionSA’s announcement that it is preparing a proposed Lobbying Transparency Bill, a Private Member’s Bill intended to regulate lobbying and prevent state capture.
The Association believes the discussion provides an opportunity to distinguish between legitimate ethical professional lobbying and conduct that is already prohibited under South African laws.
Lobbying is a feature of South African participatory constitutional democracy. Businesses, organised labour, civil society organisations, professional bodies, academic institutions and community organisations all engage government to present evidence, advocate policy positions and represent legitimate interests, concerns and proposals. That engagement is both legitimate and necessary when it is conducted ethically and responsibly within existing prescripts.
It is equally important to distinguish ethical professional lobbying from corruption, influence peddling, procurement manipulation, the pursuit of improper advantage, the abuse of public office or capture of any kind.
Ethical professional lobbying should not be synonymised with these forms of illegitimate and questionable conduct.
As discussion on the proposed legislation develops, SALA believes four issues deserve careful consideration:
1. Addressing misconduct without generalisation
The allegations currently receiving public attention concern specific organisations and individuals. Those matters should be investigated thoroughly and dealt with through the appropriate legal processes. They should not be regarded as representative of the profession.
2. Professional standards
Professional ethical lobbying is founded on integrity, accountability and responsible conduct. SALA’s Professional Code of Conduct sets out the standards expected of members and provides a framework for ethical engagement with public representatives and public institutions. These standards remain essential and should be proactively adopted and implemented by those who engage in the practice of professional ethical lobbying.
3. Building on existing safeguards
South Africa already has an extensive framework governing ethics in public administration, due diligence and disclosure of politically influential and exposed persons, corruption, procurement, executive accountability, parliamentary ethics and corporate governance. Any other measure should complement not duplicate these and enhance the existing value that South African participatory constitutional democracy derives ethical professional lobbying and its role in preserving the constitutional right of individuals and organisations to engage government on matters of policy, public interest and concern.
4. Defining the conduct
Any additional proposal should begin by defining the conduct it seeks to regulate. A clear distinction must be drawn between legitimate, ethical and responsible engagement and unlawful conduct. It should also be clear what policy problem the measure seeks to address and whether existing legislation and regulation already provides an adequate safeguard thereto and its enforcement should be strengthened.
” The discussion should begin with a proper understanding of the role of professional, ethical and responsible lobbying plays in South Africa’s present-day participatory constitutional democracy. The quality of public decision-making depends on both strong institutions and responsible professional conduct and integrity. As the expert organisation for ethical professional lobbying, SALA looks forward to meaningful engagement and participation as this process develops,” said Abdul Waheed Patel, President of the South African Lobbying Association.
SALA will participate constructively in any commentary and consultation process relating to the proposals announced. We will engage ActionSA directly hereon and will continue to promote ethical practice, professional standards and responsible engagement between stakeholders and public institutions.


