Ethics and Accountable Governance in Africa's Public Sector, Volume II: Mapping a Path for the Future (Palgrave Studies of Public Sector Management in Africa) 3031043243, 9783031043246

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PALGRAVE STUDIES OF PUBLIC SECTOR MANAGEMENT IN AFRICA

Ethics and Accountable Governance in Africa’s Public Sector, Volume II Mapping a Path for the Future Edited by Kemi Ogunyemi Isaiah Adisa Robert E. Hinson

Palgrave Studies of Public Sector Management in Africa

Series Editors Robert E. Hinson University of Ghana Business School Accra, Ghana Nnamdi O. Madichie Center for Research & Enterprise Bloomsbury Institute London, UK Justice Nyigmah Bawole University of Ghana Business School Accra, Ghana

This series examines the business and management strategies that are employed in the management of public services in Africa, which is currently experiencing significant change and revolution. In the 1990s academics observed that the public is increasingly recognized as a customer; since then public sector organizations have applied marketing tools and strategic planning to sell government policies. Today, almost every service in the public domain is given a marketing twist. The increasing role of public services in driving the African economy makes it essential for these services to be well managed. In the 2000s, the public sector in African countries was expected to spearhead socioeconomic development; however it has proved largely ineffective in this task. In fact it could be argued that the economic and social challenges that characterize the continent are partly due to the systemic weaknesses and poor performance of public sector institutions. The issues around public sector management have become so complex that the various sub-­components deserve special conceptual and case based treatment to fully capture the issues around public sector management in Africa. Books in the series offer arguments and frameworks that push forward existing knowledge about what, why and how the public sector contributes to the socio-economic development of Africa. The series will cover a range of diverse topics including leadership, ethics, public sector procurement and logistics, human capital management and public sector marketing management. All submissions will be double blind peer reviewed. For more information on the peer review process please visit our website: https://www. palgrave.com/gp/book-authors/your-career/early-career-researcher-hub/ peer-review-process

Kemi Ogunyemi  •  Isaiah Adisa Robert Ebo Hinson Editors

Ethics and Accountable Governance in Africa’s Public Sector, Volume II Mapping a Path for the Future

Editors Kemi Ogunyemi Pan-Atlantic University Lagos, Nigeria

Isaiah Adisa Olabisi Onabanjo University Ago-Iwoye, Nigeria

Robert Ebo Hinson University of Ghana Business School University of Ghana Accra, Ghana

ISSN 2730-6119     ISSN 2730-6127 (electronic) Palgrave Studies of Public Sector Management in Africa ISBN 978-3-031-04324-6    ISBN 978-3-031-04325-3 (eBook) https://doi.org/10.1007/978-3-031-04325-3 © The Editor(s) (if applicable) and The Author(s), under exclusive licence to Springer Nature Switzerland AG 2022 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and ­transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Palgrave Macmillan imprint is published by the registered company Springer Nature Switzerland AG. The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland

Contents

1 Leadership  and Policy Implementation for Good Governance in Africa  1 Kemi Ogunyemi, Isaiah Adisa, and Robert Ebo Hinson 2 Challenges  to Building Ethics in Public Service in Africa 15 Moyinoluwa Okunloye  Governance in Zimbabwe’s Local Authorities: 3 Corporate A Void in the Devolution Path 33 Tawanda Nyikadzino  Role of Ethical Orientation in Promoting Project 4 The Performance in African Universities 57 Elisha Obella, Godwin Kwemarira, and Immo Bob 5 Managing  Tanzania Public Service Integrity in the Digital Era Within a Governance Framework: Opportunities, Challenges and Future Needs 71 Sospeter Makubi and Faisal H. Issa 6 Which  Ethics for Building Public Service Ethics in Africa? 87 Antoinette K. Kankindi v

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7 Imperatives  of Anti-corruption Initiatives in Enhancing Public Service Delivery in Africa107 Ngozi Okpara and Abubakar Mamman-Muhammad 8 The  Role of Non-governmental and Civil Society Actors in Public Sector Ethical Compliance133 Chiamaka Iwuala 9 Digital  Innovation Towards Sustainable Public Sector Administration in Africa151 Marvel Ogah and Arinze Nwokolo 10 Achieving  Responsible Leadership and Governance in Africa’s Public Institutions171 Kemi Ogunyemi, Isaiah Adisa, and Robert E. Hinson I ndex183

Notes on Contributors

Isaiah  Adisa is a management researcher and consultant based in Nigeria. He holds an MSc degree in Industrial Relations and Human Resource Management from Olabisi Onabanjo University, Ago-Iwoye, Nigeria. He has co-edited book(s) on green marketing and green people management. He has also co-authored book chapters and journal articles. His research interests cut across human resources management, organizational behavior, marketing and gender studies. Robert  Ebo  Hinson  is the Deputy Vice Chancellor-Academic at the University of Kigali. He is also Visiting Professor of Marketing at the Lincoln International Business School, Professor of Marketing at the University of Ghana, and Extraordinary Professor of Marketing at the University of the Free State Business School. He holds a DPhil in Marketing from the University of Ghana and a PhD in International Business from the Aalborg University Business School. His books can be accessed at www.robertebohinsonbooks.com Faisal H. Issa  (PhD) is a Senior Lecturer and Researcher in Development Management and Admnistration in the Department of Administrative Studies, Mzumbe University Dar es Salaam Campus College, Tanzania. He is the head of the Department for Short Courses, Outreach and Consultancy Services. He holds PhD in Development Policy from the University of Bremen, Germany, with an MBA from Strathclyde vii

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University, Scotland, UK.  He is interested in professional academic research in public service reforms, leadership, management and change and its implications for society. Chiamaka  Iwuala received a bachelor’s degree in Cell Biology and Genetics at the University of Lagos, and a post-graduate diploma in Education. She studied Theology at the Pontificia Universitá della Santa Croce, Rome. She teaches Ethics and Digital Citizenship at the Lagoon School, Lekki. For the past seven years, she has volunteered at Afara Leadership Centre, a centre for the intellectual, moral and social formation of female undergraduates and secondary school students. She is interested in research in the areas of curriculum development and planning and music. Antoinette K. Kankindi  is Senior Lecturer in Ethics and Social Political Foundations of Law at the Law School, Strathmore University, Kenya. She is also a research fellow leading the Integrity Program with a focus on mainstreaming Ethics and Integrity; Youth and Women participation in community development and public life. Kankindi has published studies in the area of the relationship between Ethics and Politics, her main interest of research. Her other research interests cover political legitimacy, historical and new interpretations of the republican and liberal democracy traditions, as well as their impact on African ideals, values and institutions. Godwin Kwemarira  holds a PhD of Makerere University on Public interest in Uganda. He holds a Master of Business Administration (Project Management) degree from the same university. He has studied Human Resource Management and Leisure and Hospitality Management at undergraduate level at the same university. Godwin is an HR specialist. His research interests are in HRM, public personnel management, public accountability, community ethics, non-profit leadership, sound governance, civilization, citizenship values and public interest. Godwin is an associate consultant at Uganda Management Institute. He also lectures in the Faculty of Management Sciences, Busitema University, Pallisa Campus, Uganda. Sospeter Makubi  is a Certified Ethics Officer by the Ethics Institute of South Africa and Manager in-charge of Ethics working with Tanzania Revenue Authority (TRA) under the Department responsible for Staff

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Integrity. He holds a master’s degree in Leadership and Management from Mzumbe University, Tanzania, with a bachelor’s degree in Science with Education from University of Dar es Salaam, Tanzania. He has extensive knowledge and experience in ethics and governance, anti-­ corruption, ethical leadership, risk management and ISO quality management system. Abubakar  Mamman-Muhammad is a Social and Behavioral Change Communication Specialist and a Faculty Member at Baze University Abuja. He has more than ten years’ cognate experience in teaching. He has served as a key resource person for programmes/trainings funded by the World Bank and the European Union. Abubakar Muhammad is a doctoral candidate at the School of Media and Communication, Pan-­Atlantic University Lagos, a practical teacher, a topical researcher, a father and a loving husband. Arinze  Nwokolo is a lecturer in the Department of Accounting, Economics and Finance at Lagos Business School, Pan-Atlantic University. He graduated from the University of Navarra with a PhD in Economics and Business Administration in 2017. His research comprises public policy topics in developing countries, including the impact of positive oil price shocks on the monopoly of violence and consolidation of power by governments in Nigeria; the long-term effect of the free health care at birth on adult mental health in South Africa; and the impact of terrorism on local trust and ethnic identification in Nigeria. Prior to joining Lagos Business School, he was a CSAE Fellow at Oxford University and a research associate at the Navarra International Development Centre, Spain. Tawanda  Nyikadzino  is a public administration/public policy expert who specialises in decentralisation and devolutionary policies and reforms. He teaches public policy courses at Africa University, College of Business, Peace, Leadership and Governance. Tawanda holds a PhD in Public Management and Governance (University of Johannesburg, South Africa), a Master of Public Administration and a BSc (Hons) in Administration (University of Zimbabwe) and a Research Methodology Certificate (University of Witwatersrand, South Africa). His research interests are in public policy, local governance, decentralisation/devolution reforms and intergovernmental relations.

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Elisha Obella  is a PhD degree holder of Makerere University on Strategic Retirement in Uganda. He holds a Master of Business Administration (Project Management) degree from the same university. He is also a holder of Master of Arts in Educational Management and Bachelor of Science in Education from the same university. Elisha prides in the management of higher education, having previously served as the academic registrar of Busitema University and Makerere University respectively. His research interests are education management, financial management for non-financial managers, change management, community transformation, civilization, employee adjustment and strategic retirement. Marvel Ogah  is a full-time faculty member at Lagos Business School, Pan-Atlantic University. He facilitates sessions in operations and supply chain management; his research interests include lean and behavioural operations. Before transiting to academia, Marvel had worked as a management executive in various operational roles spanning over two decades. Among his publications is a co-authored book titled Work-Life Integration in Africa: A Multidimensional Approach to Achieve Balance, published by Palgrave Macmillan in 2021. Kemi Ogunyemi  Associate Professor, holds a degree in Law from the University of Ibadan, an LLM from the University of Strathclyde, and MBA and PhD degrees from Pan-Atlantic University. She teaches business ethics, managerial anthropology, self-leadership and sustainability management at the Lagos Business School. She is also the director of the Christopher Kolade Centre for Research in Leadership and Ethics as well as the academic director for the School’s Senior Management Programme. Her consulting and research interests include personal ethos, work-life ethic, social responsibility, sustainability, governance, and anti-­corruption risk assessment. She has authored and edited numerous publications including ‘Responsible Management—Understanding Human Nature, Ethics, and Sustainability’, ‘Teaching Ethics Across the Management Curriculum’ and ‘African Virtue Ethics Traditions for Business and Management’.

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Ngozi  Okpara is a senior lecturer in the School of Media and Communication at Pan-Atlantic University, Lagos, Nigeria. She teaches media and communication ethics as well as media and society. Her main areas of research are in media studies, particularly media ethics. She has published in many academic and professional journals. She is the head of the Department of Mass Media and Writing School of Media and Communication, Pan-Atlantic University, Lagos, Nigeria. She belongs to many professional associations in Nigeria and outside Nigeria. Moyinoluwa  Okunloye  is a research assistant at the Lagos Business School, Pan-Atlantic University, Lagos. Her interest ranges from social responsibility to anthropology, communication ethics and other aspects that touch on humanity and social science.. Immo Bob Shadrak  is a senior security officer affiliated to the Uganda Police Force as a Regional Manager East Kyoga Region, Heading Duty Free Shops and Supermarkets with an expanse of about 11 districts. He is an alumnus of St Mary’s College, Kisubi. He holds a bachelor’s degree in Economics from Makerere University. He is also a holder of a degree in Accounting from Uganda Christian University, Mukono. He has expertise in security management, in the fields of community policing, countering organised crime and terrorism detection and prevention. He is a seasoned administrator with experience in managing complex logistics assignments, complex security operations and finance.

List of Figures

Fig. 1.1

Leadership framework for good governance in Africa. (Source: Authors) 7 Fig. 1.2 Policy implementation phases. (Source: Smith, 1973) 9 Fig. 3.1 People’s perception of the extent to which local government councillors listen to them. (Source: Ndoma, 2018, p. 4) 47 Fig. 9.1 Digital innovation theoretical framework. Source: (Kohli & Melville, 2019)154 Fig. 10.1 Framework for action to achieve responsible leadership and governance. Source: Authors 180

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1 Leadership and Policy Implementation for Good Governance in Africa Kemi Ogunyemi, Isaiah Adisa, and Robert Ebo Hinson

Introduction The quest for Africa to accomplish its development goals has attracted much discourse in literature, and it is clear that African nations must build robust governance systems and strong institutions to achieve such goals (Iwowo, 2015; Mbaku, 2020). Leadership plays an integral role in K. Ogunyemi (*) Lagos Business School, Pan-Atlantic University, Lekki, Lagos, Nigeria e-mail: [email protected] I. Adisa Olabisi Onabanjo University, Ago-Iwoye, Nigeria R. E. Hinson University of Ghana, Accra, Ghana University of Kigali, Kigali, Rwanda University of the Free State, Bloemfontein, South Africa e-mail: [email protected] © The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 K. Ogunyemi et al. (eds.), Ethics and Accountable Governance in Africa’s Public Sector, Volume II, Palgrave Studies of Public Sector Management in Africa, https://doi.org/10.1007/978-3-031-04325-3_1

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ensuring that goals are achieved, yet there are many indices indicating that leadership gaps currently limit development in Africa (Afegbua & Adejuwon, 2012; Agulanna, 2006; Kets de Vries et al., 2016; Uzodikeo, 2009; Iwowo, 2015). Therefore, one must extend the scope of any study about improving accountable practices in Africa to look at the roles of leaders. Understanding the leadership challenges in Africa’s public institutions in order to proffer solutions to them could be an important way to contribute to ensuring that leadership practices are ethical and accountable, and therefore better suited for the development of African nations. Kets de Vries et al. (2016) researched leaders in Africa and suggest that they are influenced by psychological, situational and institutional factors. Focusing partially on situational and institutional factors, this book, the second volume in a series on ‘Ethics and Accountable Governance in Africa’s Public Sector’, examines the contextual issues that can affect the effectiveness of leadership on the continent. The chapters present the challenges faced in general as well as by specific entities in various countries and then put forward context-wide responses—anti-corruption initiatives, a social sector voice, and digitisation—that can provide an enabling environment for good leadership to be impactful. In this first chapter, we introduce the core issues and reflect on the impact of leadership on policy implementation as the bedrock of accountable governance in Africa, drawing insights from relevant literature. The structure of the chapter is as follows: we talk about leadership in Africa, then about leadership and accountable governance in Africa and, following that, about leadership and policy implementation, before presenting the book’s constituent chapters.

Leadership in Africa The narrative of leadership in Africa in the extant literature indicates that, in many African nations, accountability and good governance are undermined by corruption and other unethical practices (Afegbua & Adejuwon, 2012). In the face of these, we still believe that only the restoration of good and effective leadership can improve the continent’s developmental trajectory: according to Van der Ploeg (2011), Africa’s profusion of natural

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resources requires better management as well as responsible leaders in both public and private organisations to drive the actualisation of her social and economic goals. Van der Ploeg (2011) in fact argued that an abundance of natural resources that could boost social and economic growth, in a region without associated solid socio-political institutions, would logically lead to underdevelopment. Looking at the same issues but from a different perspective, Goldsmith (2001) suggested a cause for the gaps in leadership and governance, claiming that the African political environmental context has a high level of risk which stimulates African leaders to repeatedly choose short-term and damaging policies. These varying perspectives emphasise the need to take the social and environmental context into consideration in order to understand and change leadership in Africa for the better. Such understanding would also guide the establishment of institutions that can support accountable leadership and governance. In line with this, Kebonang and Kebonang (2013) suggest that having the contextual meaning of leadership requires an understanding of what it is, what it refers to and what it involves in the context under consideration. What then is leadership in the context of Africa? Fortunately, despite the wide variety of perspectives of how leadership can be understood, there are three reoccurring themes in the definitions of leadership, in both political and non-political contexts, that can guide reflection on what it is and how it can be dimensioned for effectiveness in Africa. These were identified by Kebonang and Kebonang (2013) as influence, subordinate/followers and goals. In the first place, anyone occupying a leadership position has the ability to influence and direct the affairs of others: the leadership position generates power. Second is the availability and disposition of the led people: without followers, there can be no leaders. And lastly, the goals to be achieved must be clear to the leader and followers (Kebonang & Kebonang, 2013). Starting our consideration from the third theme, one could say that goals would define the success of leadership, if success were to be assessed based on the extent to which the leader is able to achieve predetermined goals. This would be an important issue for African countries where socioeconomic goals that political leaders and parties wish to pursue are always properly laid out and communicated through brilliant manifestoes, albeit usually having the same rhetoric: boosting of employment and provision

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of water, good roads and electricity (Netswera, 1995). Yet, despite having the power, resources and people—most of these leaders fail to achieve the set goals. Despite the accomplishment of the goal-­setting process as evidenced by the manifestoes, political leadership is rife with instances of lack of accountability, inefficiencies, abuse of power and corruption (Kgatle, 2018). It seems clear that the problem lies within the trajectory from goals to action—in implementation. However, some scholars have also observed a gap in the goal-setting process, where important local needs are overlooked in the stereotype-style articulation of national needs, and consequently there arises a disconnect between leadership expectations and real problems, at both local and national levels (Netswera, 1995). As though in response, Kgatle (2018) suggested that the solution is servant leadership, which would focus on the people, the followers, to generate the goals, and then commit to implement them through the right leadership practices. Further, Sackey (2021) advised that at the root of the problem is a lack of democratic leadership practices that would positively impact foreign direct investment and economic growth and, in so doing, promote sustainable growth and development. If this is the case, the establishment and implementation of policies could be part of such practices, since they would contribute to ensuring stronger institutions and hence to stability. Reinforcing the need for stronger democracy, Fourie et al. (2017), who had reviewed sixty years of publication on leadership in Africa, observed that the recurrence of illegitimate political leadership such as authoritarian regimes and military governments have sometimes ignored the need to build institutions and maintain consistent policy implementation for sustainable growth. It is therefore not difficult to accept the position of Afegbua and Adejuwon (2012) that the governance crisis in Africa is due to poor leadership, lack of ideology and weak institutional patterns. Surely, responsible and accountable leaders would be better able to embed a good governance system. And,  while the chapters in this two-volume  book contribute to highlighting the characteristics of responsible leadership practices in Africa that could promote development, mention should also be made of a growing interest in the restoration of traditional African values that had been eroded over time in the process of westernisation and globalisation (Fourie et al., 2017), meaning that some of the solutions could be homegrown.

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L eadership and Accountable Governance in Africa As mentioned above, the quality of leadership is reflected in the resulting governance practices. Governance is only one part of the activities of a leader but a very important one for any country’s goals to be achieved. In fact, according to Kofi Annan, ‘good governance is perhaps the single most important factor in eradicating poverty and promoting development’. Achieving accountable governance is therefore an important step towards sustainable social and economic development in Africa, and this must start with good leadership, according to Oni and Excellence-Oluye (2019). This is perhaps why Afegbua and Adejuwon (2012) suggested that what is needed, to solve the governance issues in Africa, is for those at the helm of leadership to fully understand their responsibilities, duties and obligations. In addition, elected leaders must empathise with the people and be prepared to face the challenges of working to develop the society. Supporting the above, Kebonang and Kebonang (2013) also mentioned good leadership as a factor while discussing the institutional and structural factors that hinder development in African countries. The inclusion of good governance in the Agenda 2063, which is Africa’s master plan for development, also highlights the importance of good governance practices in the development trajectory of the continent.1 Oni and Excellence-Oluye (2019), using Nigeria has a case study, identified vision and a robust process of leadership selection (including free and fair election) as essential ingredients for a leader to be able to deliver good governance. The agenda, for putting Africa on the global map and ensuring sustainable development, was signed in May 2013 with seven core pillars, of which good governance is the third.2 Breaking the concept  down,  Mbaku (2020) suggests that transparency, accountability, citizen participation, an enabling judicial framework and combating of corruption are the core measures of good governance without which it could not possibly be achieved. Adopting this dimensioning, we can describe good governance as governance that (1) is transparent and  https://au.int/en/agenda2063/sdgs  https://au.int/en/agenda2063/goals

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accountable, (2) allows for citizen participation, (3) ensures access to justice and (4) combats corruption. Earlier, Inyang (2019) had already recommended most of these: the inclusion of equal opportunity for citizens to participate in the election process, the fight against corruption, the establishment of a functioning judicial system, press freedom and economic reforms geared towards socioeconomic development. His last point provides a fifth characteristic to include among our dimensions of good governance, and he again implies that such governance cannot be attained without ensuring that the process of selecting leaders is truly ethical. The five dimensions, without exception, can only thrive under good and responsible leadership. Yagboyaju and Akinola (2019) suggested that governance and political leadership go hand in hand while the nature and characteristics of the political leader are reflected in a nation’s governance performance, for example, where leadership practices incorporate ethics and fight corruption. Support of this is found in Sebudubudu (2010), who argued that Botswana experiences comparatively progressive development due to the good governance system her leaders have established. Through her governance system, her leaders have been able to reduce poverty, provide security and ensure the stability of the nation. Aligning the implications of these last two scholars’ contributions with the dimensions of good governance adopted above, the basic themes that reoccur, especially from Sebudubudu (2010), are transparency, accountability, respect for human rights, democratic governance, inclusiveness, responsive government, poverty eradication, equality, and generativity in terms of foreseeing the needs of future generations today. Again, the inference is that good governance requires ethical and responsible leaders. With regard to public sector organisations specifically, Young (2018) identified leadership incompetence as hampering governance, commenting that leaders in public service have often proved to be unable to manage micro- and macro-social economic affairs as well as  people had envisaged they would. To ensure that  leadership in such institutions becomes professional and focused on social and economic goals that will alleviate poverty, there must be a remoralisation of leadership and governance (Young, 2018) so as to establish the foundation of and a framework for honesty, integrity, transparency, accountability and

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people-oriented culture. Incidentally, this would point to the need for a restoration of the moral standards that traditionally reflected the African cultural heritage pre-colonisation. As though in response, Adewale (2020) presented a model of virtuous leadership in Africa that could drive her developmental goals and ensure ethical and accountable governance, and identified truthfulness, courage, humility and humanity as the qualities of a virtuous leader. Following him, and based on the observations drawn from the literature, we suggest a conceptual model for accountable leadership and the practice of good governance in Africa in Fig. 1.1. The framework points to ten ingredients—six personal and four systemic—that can enable and empower responsible leadership for a solid governance system in Africa, to solve this major problem for the continent (Maloka, 2018). However, they need to be further specified into

Democratic process/ Inclusiveness

Vision Humility

Remoralization of public institutions

Truthfulness

Leadership framework for good governance

Strong judicial system

Transparency

Ethical electoral process

Empathy and humanity

Accounta bility

Fig. 1.1  Leadership framework for good governance in Africa. (Source: Authors)

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actionable points. In addition to what has been said so far, and by way of specifying some actions that could be taken under those five dimensions earlier derived from literature, good governance in Africa’s public sector can be achieved by: 1. Creating a whistleblowing system and protective mechanisms to foster disclosure of information concerning wrongdoing and protect public servants and other citizens who blow the whistle about the wrongdoings in the public sector. This would support transparency and accountability and combat corruption. 2. Establishing statutory guidelines and codes of conduct which would outline the boundaries of accepted behaviour in the public sector and or reviewing and updating them where they already exist. These principles could be explained in detail and emphasised in meetings and workshops, and updated from time to time to keep up with the changing realities of work and life. This practice would help to achieve clarity of vision with regard to conduct. 3. Holding regular and thorough ethical awareness training for every employee in the public service. This would ensure that everyone becomes knowledgeable about moral principles and has the capacity to respond to old and new ethical dilemmas. This would also help improve people’s understanding of the importance of ethical values and contribute to embedding responsible behaviour. 4. Providing incentives for ethical behaviour such as adequate working conditions, more efficient organisation of work at all levels within the public sector and effective performance assessment. At times people rationalise unethical behaviour with allusions to their pay being unfair or being delayed for months. Leaders in the public sector need to look into this. 5. Mandating and implementing a declaration of wealth at the time of entry into service and the time of exit from public service, and diligently investigating suspicious accumulation of wealth during office tenure. Again, this would be about accountability. 6. Modelling responsible behaviour from the top. This is very important because the success and sustainability of ethical culture is dependent on support from top management to drive the drafting, adoption and implementation of policy, and their actions living the policy would be louder than the words.

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The Issue of Policy Implementation As already hinted, effective policy implementation is also a challenge to leadership and governance in Africa. In many cases, the gap is not in the quality of formulated policies but rather in their implementation (Iyoha, 2010), for which the political will of leaders is crucial (Kabata & Garaba, 2019). At times political parties, institutions and opposition parties build tension around the implementation phase of policies rather than being involved from the ideation and formulation stage (Smith, 1973). Yet, policy implementation is so important to ameliorating social issue impediments that, when such policies are not properly formulated, it is difficult to achieve development. As early as 1973, Smith had identified four critical phases for policy implementation. These phases are represented diagrammatically in Fig. 1.2. It is the responsibility of leaders to make informed policies for social and economic growth; for example, targeted to ameliorate poverty, reduce insecurity and promote investment opportunities. To achieve this, the first stage is ideation. Policies must first be conceived and geared towards meeting specific socioeconomic needs. African leaders must proactively foresee issues and be able to influence the futures of their people positively while also putting in place reactive policies to respond to current realities. The second phase is the creation of the implementing organisations which in this context are bureaucratic units of government institutions and who are concerned with specific policies. Some are set up on ad-hoc basis and may be dissolved when the policy has been fully implemented while some may be more permanently established due to the needs that they serve. The third aspect is  defining the target group of the policy implementation process, the identification of those whom the policy is expected to impact. Without specific target groups, it would be difficult, 1. Idealization stage

2. implementing organization

3. the target group

Fig. 1.2  Policy implementation phases. (Source: Smith, 1973)

4. envrionmental factors

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if not impossible, to implement policy. Lastly, environmental factors must be considered in developing and implementing policy. Those contextual factors that could challenge implementation must be adequately factored in and managed.

Structure of the Book This volume revisits issues of leadership and governance in Africa, looking towards ensuring an ethical and accountable governance system. It has ten chapters, each covering various aspects of leadership, governance and ethics in Africa. This first chapter introduces the book with brief discussions about leadership in Africa, governance, and the implementation of policies. In Chap. 2, Moyinoluwa Okunloye assesses the challenges to building ethics in public service in Africa and establishes that, if the individuals in the public service are trained and motivated to behave ethically in whatever circumstances regardless of who holds power, it would be a first step on the road to building ethics in the service. Okunloye believes that it would be the beginning of the creation of a system where ethics becomes the norm and violators are reprimanded for their actions. The three next chapters offer insights into specific country landscapes through case studies on segments of the public service in Tanzania, Uganda and Zimbabwe. Tawanda Nyikadzino, in Chap. 3, writes on corporate governance in Zimbabwe’s local authorities and points out a void in the devolution path. Drawing on arguments from secondary data, the chapter makes a strong case that effective local corporate governance in Zimbabwe’s local authorities is currently hampered by three main challenges that need to be resolved: power politics and excessive central government supervision; multiple accountability lines; and the capacity, capability and calibre of local councillors. In Chap. 4, Elisha Obella, Godwin Kwemarira and Immo Bob evaluate the role of ethical orientation in promoting project performance in Uganda. A cross-sectional quantitative survey design using a questionnaire was used to collect data from the public universities’ projects. Specifically, data was collected from the university’s project officers and other stakeholders. The authors recommend that policymakers should put in place policy guidelines and codes of conduct that would

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enhance project performance. Then, looking at Tanzania in Chap. 5, Sospeter Makubi and Faisal H.  Issa discuss the management of public service integrity in the digital era within a governance framework, and identify the opportunities, challenges and future needs. In the chapter, authors put forward the arguments that digital technology has created some opportunities and challenges that may positively or negatively affect ethics and integrity objectives within governments. They suggest that it is important for the government to reassess and redesign some of the existing integrity policies to address emerging concerns and consider addressing the issue of the extent to which the government can effectively assure confidentiality of official information in the digital era. After the first part presenting a plethora of challenging issues, the second part begins with Antoinette K. Kankindi in Chap. 6 interrogating the question of which ethics should be used for building public service ethics in Africa. This chapter extends the ethical theorisation of Chap. 4, which had limited itself to deontology and consequentialism, to incorporate a third and older theory of virtue ethics which complements and enhances the earlier  presented perspectives. Kankindi’s chapter demonstrates why building a culture of integrity requires more than increasing the number of regulations, watchdog institutions or codes of ethics, while acknowledging the importance of these measures but identifying their limitations. The chapter therefore makes a case for personal responsibility and virtuous behaviour as the most important pillar for a culture of integrity, underscoring what was already a common thread from the chapters in the first part. The rest of the second part brings more solutions to the table—anti-corruption initiatives, NGO and civil society participation, and digitisation. Abubakar Mamman-Muhammad and Ngozi Okpara, in Chap. 7, use an 8-country study to examine how anti-corruption initiatives meet the imperatives for enhancing public service delivery in Africa. They observe that, despite various initiatives, trust gaps still develop between the public and the state, especially wherever agencies set up to fight corruption become compromised. Leveraging the concept of collective action and using institutional theory as the framework, the chapter discusses corruption and anti-corruption in Africa, presents anti-corruption initiatives in the selected African countries, and establishes the relationship between the anti-corruption initiatives and their contribution thus far to

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improving Africa’s service delivery. Following this, in Chap. 8, Chiamaka Iwuala examines the role of non-governmental and civil society actors in supporting public sector ethical compliance. The chapter highlights the role of civil society in ensuring adherence to the rule of law and respect for  basic human rights, fostering  transparency and accountability, and increasing public participation in making public policy and improving state performance. Both interventions from the public sector itself by way of anti-­ corruption initiatives and interventions from outside the sector by way of civil sector participation in governance can be enhanced through using technology. Marvel Ogah and Arinze Nwokolo in Chap. 9 therefore argue for digital innovation as a critical means for achieving a responsible and sustainable public sector administration in Africa. The authors argue that digital innovation is the future for all aspects of sustainable development regarding any type of administration, public or private. They evaluate how digital innovation can reshape public administration through tax digitalisation, the use of daily fiscal data for macroeconomic analysis in real time, and the building of digital trust through blockchain. They also look into the potential and the pitfalls of using digital innovation to modernise public service delivery spending. Furthermore, the chapter examines the impact of these activities on public sector administration and service delivery in African countries such as Nigeria, South Africa, Kenya, Egypt and Cameroun with regard to ethics. The book concludes with a brief discourse in Chap. 10 by the editors: we synthesise the contributions from the preceding chapters and propose closing recommendations on how responsible leadership and governance in Africa’s public institutions can be achieved.

References Adewale, A. (2020). A model of virtuous leadership in Africa: Case study of a Nigerian firm. Journal of Business Ethics, 161(4), 749–762. Afegbua, S. I., & Adejuwon, K. D. (2012). The challenges of leadership and governance in Africa. International Journal of Academic Research in Business and Social Sciences, 2(9), 141.

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Agulanna, C. (2006). Democracy and the crisis of leadership in Africa. The Journal of Social, Political, and Economic Studies, 31(3), 255. Fourie, W., Van der Merwe, S. C., & Van der Merwe, B. (2017). Sixty years of research on leadership in Africa: A review of the literature. Leadership, 13(2), 222–251. Goldsmith, A.  A. (2001). Risk, rule and reason: Leadership in Africa. Public Administration and Development, 21(2), 77–87. Inyang, B. (2019). Good leadership and governance in Africa: A case study of Nigeria. International Journal of Latest Research in Humanities and Social Science, 2(6), 70–80. Iwowo, V. (2015). Leadership in Africa: Rethinking development. Personnel Review, 44(3), 408–429. https://doi.org/10.1108/PR-­07-­2013-­0128 Iyoha, M.  A. (2010). Leadership, policy making, and economic growth in African countries: The case of Nigeria. Leadership and Growth, 165. Kabata, V., & Garaba, F. (2019). Leadership and political will for implementation of the access to information (ATI) Act (2016) in Kenya. Records Management Journal, 29(1/2), 117–133. https://doi.org/10.1108/ RMJ-­09-­2018-­0034 Kebonang, Z., & Kebonang, S. (2013). Does leadership matter to development: The case of Botswana, Zimbabwe, Nigeria and Indonesia. International Journal of Politics and Good Governance, 4(4.4), 1–24. Kets de Vries, M. F., Sexton, J. C., & Ellen, B. P., III. (2016). Destructive and transformational leadership in Africa. Africa Journal of Management, 2(2), 166–187. Kgatle, M. S. (2018). Servant leadership: An urgent style for the current political leadership in South Africa. Verbum et Ecclesia, 39(1), 1–9. Maloka, E. (2018). Good governance is the solution to Africa’s problems. https:// www.un.org/africarenewal/magazine/august-­n ovember-­2 018/good-­ governance-­solution-­africa%E2%80%99s-­problems Mbaku, J. M. (2020). Good and inclusive governance is imperative for Africa’s future. Foresight Africa: Top Priorities for the Continent, 2030. Netswera, F. (1995). The rhetoric of political election manifestos: An analysis of the African National Congress local government elections manifestos between 1995 and 2011. In Netswera, Fulufhelo, The Rhetoric of political election manifestos: An analysis of the African National Congress Local Government Elections Manifestos between.

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Oni, S., & Excellence-Oluye, N. (2019). Leadership and good governance: The Nigerian experience. LASU Journal of Public Administration and Management, 1(1), 112–129. Sackey, F. G. (2021). Impact of African leaders’ characteristics and regime transitions on economic growth in Africa: A dynamic model approach. Social Sciences & Humanities Open, 4(1), 100147. Sebudubudu, D. (2010). The impact of good governance on development and poverty in Africa: Botswana-A relatively successful African initiative. African Journal of Political Science and International Relations, 4(7), 249–262. Smith, T.  B. (1973). The policy implementation process. Policy Sciences, 4(2), 197–209. Uzodikeo, U.  O. (2009). Leadership and governance in Africa. AFFRIKA Journal of Politics, Economics and Society, 1(1), 3–9. Van der Ploeg, F. (2011). Natural resources: Curse or blessing? Journal of Economic literature, 49(2), 366–420. Yagboyaju, D.  A., & Akinola, A.  O. (2019). Nigerian state and the crisis of governance: A critical exposition. Sage Open, 9(3). https://doi.org/10.1177/ 2158244019865810 Young, C. (2018). Africa: An interim balance sheet. In Africa (pp. 341–358). Routledge.

2 Challenges to Building Ethics in Public Service in Africa Moyinoluwa Okunloye

Introduction Common with most African countries in recent times is the use of protests by citizens to demand their rights, an end to corruption, change of government, an end to injustice, police brutality and so on. Liberians took to the streets of Monrovia and other cities in the country to protest against corruption, injustice and economic mismanagement in 2019 (Africa News, 2019). Tunisians had a sit-in protest in 2020 against a law seeking the expansion of legal protection for private security and customs officers. According to them, “we are worried that the current draft law will bring back a police state and some impunity encompassing illegal security practices” (Africa Report, 2020). Nigerians also took to the streets of main cities and suburbs in 2020 to protest against bad government, police brutality, corruption, misappropriation of funds and so on

M. Okunloye (*) Lagos Business School, Pan-Atlantic University, Lagos, Nigeria e-mail: [email protected] © The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 K. Ogunyemi et al. (eds.), Ethics and Accountable Governance in Africa’s Public Sector, Volume II, Palgrave Studies of Public Sector Management in Africa, https://doi.org/10.1007/978-3-031-04325-3_2

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(Africa Report, 2020). The recurring theme of all these protests and other major protests in Africa is corruption, injustice and the lack of structure in the public service. The public service is the administrative and operational department of government that is responsible for implementing actions for the benefit of the general citizens. Public servants are the linchpin of the elected government officials and the citizens. Because of their responsibility to ensure that the needs of the public are met, they are expected to have a high moral stance in carrying out these duties and be fair and impartial to everyone (Baloyi, 2020; Nkyabonaki, 2019; Sebola, 2018). However, this has not always been the case. Public servants who are representatives of the interest of the general people with the government have at times instead pursued the interest of government officials for their own personal gains. In such cases, the code of conduct and ethics of the public service becomes like a suggestion to a public servant; as a matter of fact, it no longer appears as though the document means anything to them. The judgment of right and wrong actions of public servants then depends on how much it serves the interests of those in power at the time. Public officials who are supposed to be non-partisans become champions and advocates of  a political party, contributing to the lack of security and stability of the office in spite of whoever is in power. The solutions to such recurring problems would have to be foundational. Many advocates of change in Africa note that changes in government and public offices “start with inculcating and growing moral and accountable leadership in the corporate and governance structures of society” (Wissink, 2015, p. 126). It means that it is no longer enough to have a code of ethics and conduct for public service; public servants themselves would have to be people who are genuinely ethical and are inclined always to doing the right things, regardless of whose feathers are ruffled. It would also require that appropriate structures are put in place for such people to thrive independent of government interference. This is the reason the challenges in the public service need to be understood from previous research and from people still serving as public servants so that the right solutions can be prescribed for adoption in the public service.

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Research Methodology For the purpose of this research, a systematic literature review and interviews will be used. These two were chosen because of the context of the topic of discourse. Ethics in the public service has been widely explored by many scholars in the past. There have been numerous research angles used in observing how ethics could be instituted and how it can be encouraged in individuals. As this chapter is meant to establish the challenges to building ethics in the public service, it is reliable to refer to the exhaustive literature that already documented those challenges while also confirming the present existence of those challenges and including new ones that may be recorded from the interviews that will accompany the literature review.

Systematic Literature Review Systematic literature review  is a process of critically examining and appraising relevant research for the purpose of collecting data that would be useful for future research (Liberati et al., 2009). The purpose of conducting a systematic literature review is often an attempt to eliminate biases while focusing on the subject of discourse. This also allows for useful evidence to be presented, which leads to the gathering of specific data that is instrumental to making deductions for future research (Moher et  al., 2009). This method of research finding was initially popular in medicine for specific data collection and analysis (Davis et  al., 2014); however, its use in social sciences research continues to grow (Snyder, 2019). In conducting this type of review, it is important to ensure the inclusion of each variable for overall observation and consideration. This is to ensure that all angles are considered and no aspect is left without examination. This makes the research robust while ensuring that all the facts are presented and perused. In observing each variable, it is also easy to notice changes in trends over time or in different cultures or scopes of review (Xiao & Watson, 2019; Snyder, 2019). Those observations in trends and other changes noticed influence the conclusions of the  research and the recommendations.

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Ethics in the Public Service in Africa Public service is any activity that serves public interest and that is under the government or public administration (African Union Commission, 2011). That is, public service is the entirety of all efforts by the government to serve the people throughout its administration and beyond. It is the operational arm of government where all agreed programs, policies and pronouncement are executed. Those charged with this responsibility range from the civil servants to those in the security agencies, ministries, judiciary, paramilitary and other agencies of government (Omisore & Adeleke, 2015). For a good understanding of what public service entails, there are codified definitions of roles and responsibilities which are in many ways similar throughout Africa. As documented in the African Union Commission Charter (2011), the duties and responsibilities of the public service are: 1. Respect for Human Rights and Legality: The public servants are expected to respect the human rights, integrity and dignity of those they serve. This also entails that they should carry out their services in accordance with national laws, regulations and policies. Their decisions ought to also be in conformity with the laws, policy frameworks and regulations that are in existence. 2. Access to Public Service: Every member of the public whom they serve should be given equal access without bias or discrimination. This means that their services to everyone will be top quality while they also conduct themselves in a good manner, without lagging behind in their delivery. They are to expect feedback from people on their delivery of services and should always seek ways to improve. 3. Access to Information: Public servants are to make available to the people information concerning service delivery, decisions made concerning them, the reason(s) behind those decisions and the ways through which they can appeal. That means that they should establish effective communication systems and processes for their service delivery as well as ensure that these administrative procedures and the documentation are presented in a user-friendly and simplified manner.

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4. Efficient and Quality Service: Public services ought to be delivered with high standards in an efficient yet economical way while also being monitored through mechanisms that are appropriate to evaluate periodical effectiveness of service delivery. The service delivery of public servant should consistently be adapted to the ever-evolving needs of people, and they should be delivered within the agreed time frame so as to establish trust between them and users. 5. Modernization of the Public Service and Administration: Public Service and administration officers  should be  sure to improve and support their service delivery and processes, and also simplify access to and procedures for their services through the use of modern technologies (p. 11). As explicit as these roles and responsibilities are, there are also codes of conduct and ethics to set the bases for how public service agents should discharge their duties. They include: 1. Public servants should demonstrate excellence and innovation in their performance of duties. They should also uphold integrity, be professional, show courtesy in their duties, act responsibly and in accordance with laws and regulations. 2. They are to act ethically as they conduct their duties. That means they should respect rules and regulations, not soliciting, accepting or receiving gifts of any kind either directly or indirectly for services that they render. They should use their position to serve the public and not for politics or personal gain; they should remain non-partisan to politics and be loyal and impartial as they discharge their duties. 3. Public servants should avoid situations where they have a conflict of interests. They cannot make decisions in cases where they already have vested interests so as to avoid being partial, or compromise the integrity of the office they hold. This also extends to their motives for taking public office; an individual cannot take public office for financial, material or commercial gain. They also have to maintain the confidentiality of information or documents that they are privileged to handle in their duty as a public service agent.

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4. The public service and its administration should always ensure that they adopt strategies, policies and instruments to fight corruption. They should create a path for value-based leadership for people in the society to emulate. This also means that they should create an accountability system to uphold integrity and guard against corruption. 5. Public servants should declare their assets and income at the beginning, during and at the end of their service, in accordance with laws and regulations (African Union Commission, 2011, p. 13). As seen above, the code of ethics summarizes the moral principles and values that the office of the public service exemplifies. It sets a standard for how public agents ought to conduct themselves and what they represent (CAPAM, 2010). It also indicates that, for an effective public service agency, ethics is integral to the activities of the agents. It is important that people who are charged with the responsibility of attending to the needs of people in the society do it in a way that is based on ethical values and principles. However, as straightforward as the code of ethics for public service is, it is also important that public servants themselves have intrinsic ethical values. As a matter of fact, personal ethical values help agents in the public service to simplify and better navigate the necessary professional ethics for the office of public service (Baloyi, 2020, p. 182; Clapper, 1999, p. 138). Scholars have also noted that government agencies can be managed effectively if government agents have good personal ethics (Dorasamy, 2010, p. 62; Olum, 2014, p. 603). As evident from the code of ethics, the prevailing values for success in the public service are integrity, respect and responsibility. They are the basic ethical principles upon which the activities of the department are expected to be based. It is the practice of ethics by public servants that encourages public trust and confidence in the system, which also means that deviation from ethics has an adverse effect on the system. The need for a specific set of standards and principles of ethics for the public servants is so that it becomes a shared value that becomes a part of their system in such a way that they can uphold it in and out of the office. It could also be said that as much as personal values influence the implementation of public service ethics, the shared values of the public servants should also rub off on them so much so that they all become better people in the society.

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 hallenges to Building Ethics in the Public C Service in Africa More than laws and regulations guiding the conducts of people in the society is ethics influencing the behavior of people. Public service ethics like other defined ethics of government and corporate organizations is expected to guide the behaviors of public servants such that they represent the government appropriately as well as discharge their duties responsibly in a manner that makes them worthy of trust by the citizens whom they serve. However, the very essence of public service is what is targeted and frustrated as a result of corruption. One observed reason for a downward slope in the integrity of public servants in Africa is a lack of structure for the codified code of ethics at the agencies (Baloyi, 2020). But structure does exist within the rule of law. The reason it is not effective, however, is because public officials act as though they are above the law of the country and the office, therefore violating the foundation upon which the office is established (Sebola, 2018). And if leaders in public service flaunt the law and go against the shared values, subordinates as well follow suit, either so that they can get ahead and be like their leaders or from the sheer frustration of being the “odd one.” They begin to lose their trust in the system and soon, the society at large joins in the same sentiment as made easy by the lack of efficiency and effectiveness of the office. The challenges to building ethics in the public service are easily summarized as corruption. Corruption in public service has different connotations. Heidenheimer et  al. (1989) gave three overlapping categorizations of corruption: 1. Misuse of public office for selfish interests 2. Inappropriate exchange of money or favor to bypass power or for undue influence 3. Violations of public norms of behavior

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These three categories comprise embezzlement, favoritism, theft, fraud, nepotism, bribery, extortion, moonlighting and all sort of ethical decadence common in public service (Kumasey, 2018). This corruption begins from the top where officials engage in partisan activities that challenge the code of conduct and ethics of the office for their selfish gain. And from there, the partisan activities become a norm that is then practiced by all who work in the office. This is what Werlin (1973) termed as primary and secondary corruption. This also spirals into systemic corruption that manifests itself in many ways. Systemic corruption emboldens the decadence of personalities in the system so much so that it becomes a norm, a culture that is upheld and protected against public interest. The structure of the rule of law and standard procedure of adherence to rule of law is tossed aside in systemic corruption, and instead, personal gains and benefits replace the pursuance of public interest. And since it is rooted in the system, the guilt of decadence is collective so that even when one person sees the wrong, it is almost impossible to speak up. Therefore, the actions are rationalized as a systemic norm that then gets passed down to successors for years to come (Osifo, 2009; Ayee, 2002; Caiden & Caiden, 1977). Systemic corruption is the foundation of the problem of building public service ethics in Africa. It emanates from public servants’ involvement in politics as opposed to being non-partisan as encoded in the constitutions of African countries like Nigeria and Ghana (Ayee, 2002; Matheson et  al., 2007; Nyarko et  al., 2019). The need to obtain something in return, either a promise of an elected office in the future or monetary value, makes public servants violate the impartiality aspect of their code of ethics. The public service thus becomes a puppet in the hands of changing elected government officials to pursue their own selfish agenda and amass wealth and power for themselves (Nyarko et al., 2019). As a result of that, public servants are also motivated to pursue such power and wealth, therefore, making such systemic decadence a never-­ ending circle.

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 ow Then Can Public Service Ethics Be Built H in Africa? In the fight against corruption, different agencies of government in different African countries have been charged with the responsibility to ensure compliance with public service ethics. Agencies like the South African Police Service (SAPS), the Independent Corrupt Practices Commission (ICPC) in Nigeria, and Ghana Anti-corruption Coalition are charged with the responsibility of bringing anyone in violation of the ethics of the public service to justice. Although compliance is said to be the hallmark of good governance (Bourgon, 2010, p. 205), it could also be seen as the use of force to ensure adherence to something that should be innate. As a matter of fact, the pursuit of compliance has not been very effective in purging the public service of its vices. Instead, it has only motivated public servants to seek other ways of getting smarter in their acts, including recruiting law enforcement officials into their camps. This is the reason solutions to such challenges need to be centered on individual values. Ethics should be motivated by each persons’ values to ensure compliance without much need for law enforcement agencies to demand adherence (Clapper, 1999; Rossouw, 2008; Webb, 2012). Baloyi (2020) in his research on building public service ethics in South Africa and according to existing literature before him, recommends three main strategies: 1. Consequence management practices: There should be an easy way of detecting unethical practices in the public service in Africa. Every context and scenario should have an ethics binding it so that violations of such can be easily detected. There should be no blurred line between what is ethical and what is not. 2. Stronger and sustainable relationships need to be developed with other sectors, like the private sector and educational institutions, in the society, who can help motivate ethical conduct and transparency in the public service. 3. There should also be a central ethics office for public servants that is non-partisan and free of government interference, where unethical

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misconduct can be checked and ethical conduct rewarded/motivated. This responsibility should go beyond the human resource management departments to a more holistic body that can organize trainings for public servants and ensure that they conduct themselves in an ethical manner (Baloyi, 2020; Okumus, 2003; Webb, 2012). In his research on strategies to uphold integrity in the public service system of Ghana, Haruna (2008) submitted the need for a shift from using instrumental techniques, and rather focused on the underlying human conditions of the system. He, backed by previous research, noted that ethics in the Ghana’s public agencies need to be influenced by the lived experiences of the people. This means that the sense of community and the concerns for the protection of the common good, which was the foundation of service delivery and relationship of most tribes in Ghana from the beginning, and is still being practiced in the rural areas, should be infused into policy making. In other words, the principle of the common good—which was easily understood as harm done to one is done to all—that led to more people being their brother’s keeper, truthful, humble and hardworking and people-conscious while growing up should be infused in policy making for public servants in Ghana along with the rules. And, while the implementation of this could be difficult and slow, the realization of a problem is the beginning of that process backed by a consistent ethical reform rooted in the historical, political, economic and sociocultural reality of the society (p. 128). A good place to start infusing integrity into the system is through transparency, which Osei-Kojo (2017) is convinced can be achieved through the automation of public service processes. After carrying out a survey in four different public agencies in Ghana on the effectiveness of e-government, he submitted that not only is service delivery faster, but monitoring and documentation are also made easier through the process. However, he admitted that the challenges to this kind of transparency in the system are lack of education, weak infrastructure and frequent power outage in different parts of the country (p. 7). In Kenya, Gitonga (2018) concluded that building ethics in public service requires a leader who is committed to doing the right thing and who also has the ability to mobilize resources to achieve what is needed

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regardless of difficulties along the way. This effort needs to also be backed by a few things, namely: 1. A legal system that is fair and transparent in its delivery of justice 2. Independent anti-corruption bodies 3. Comprehensive policies 4. A code of conduct that is credible and can be enforced 5. Ethical training from the family and the education system 6. A social system that makes equality its core 7. Financial support (p. 265) In his paper on how to improve the performance of public servants in Nigeria, Arowolo (2012) recommends the following: 1. Anonymity: Public servants should remain anonymous always. They are not to be linked with any government policy or decision, and in the case where their roles clash with those of elected officials, the elected officials should be the one in the limelight. 2. Impartiality: Public servants need to treat everyone equally, without preference for anyone. This is to avoid unnecessary attachments and the owing of favors to anyone while discharging their public service duties. 3. Political Neutrality: A public servant should belong to no political party; they are not to campaign for political offices for themselves or for others. Any public servant who has such intentions should first of all resign his or her duties before embarking on such assignment. Neutrality aids effectiveness in their work in the public office. 4. Official Secrecy: Public servants should maintain the confidentiality of the public office. This means that all information that they are privy to while they discharge their duties at work should not in any way be leaked. Such information should be treated with utmost discretion. 5. Permanence: For public servants to perform effectively, there should be job security for them. This will give them psychological balance and motivate them to put in all their efforts in their jobs. 6. Merit: Anyone that is to serve in the public office should be appointed based on merit rather than through any form of affiliations. There

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should be a clear-cut process through which they are selected based on competence, experience and qualification. This would enhance their efficiency and also lay the foundation for how they ought to conduct themselves in the office (p. 41).

Discussion of Findings from Interview Having interviewed two respondents each, who are public servants, from four African countries—Nigeria, South Africa, Botswana and Malawi— they all agreed to being faced with ethical dilemmas in their places of work. They also highlighted that “fraud, bribery, nepotism, moonlighting, conflict of interest, and corruption” are rampant in their countries. A respondent from Malawi added, “late coming and leaving early, mis-­ management of resources in productivity and sexual relationship among employees” as ethical issues that she encounters every day as a public servant. This corroborates previous research on the extent of corruption and unethical practices in the public service. It also points to a lack of improvement in the ethical conduct and practices of public servants in African countries seeing as both past and present research highlight the same issues in almost the same pattern. And speaking on how this can be managed or totally curbed, one respondent said: The challenges require a moral reconstruction approach rather than coming up with control measures. I feel like an education curriculum that promotes ethical behaviour can help. I also feel like the church needs to do more than preaching on Sunday. I honestly believe the church has to infiltrate the work place, Christian principles have to be taught and to be more open. Christ has to be preached in the work place, so that people should repent and return to good moral standards.

This respondent is calling for a reconstruction of individual’s moral compass through education from formal institutions and religious establishments. This, he thinks will build ethical practices in the public

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service more effectively than the use of control measures. This submission encapsulates what Baloyi (2020) said about the need for individual motivation rather than the use of compliance strategies. Another respondent thinks that “A system should be in place to make everyone accountable. For example, recruitment should be by a team comprising of different persons, anti-fraud structures/system [should] be established to minimize fraud.” For this person, an inclusive system of checks and balances needs to be set up so as to minimize fraudulent activities and other forms of unethical practices in the public service. The reference to diversity, I suppose, is so that there can be a better grasp of the issues and also for holistic and inclusive considerations in decision making.

Conclusion Having considered what ethics in the public service entails and examined the common challenges that public service in Africa faces, it is possible to conclude that systemic corruption, which appears to be the most critical of the challenges, emanates first of all from individuals’ questionable characters and their lack of discipline. A system begins with one person’s or a group of people’s actions before it is said to be one. The indication from the literature that was reviewed is that the road to building ethics in the public service in Africa is going to be a slow and difficult one. This is because the corruption of the systems is not a thing that began today; therefore, it cannot be expected to vanish overnight. It would require different strategies and processes starting from individual commitment regardless of how difficult the journey may be. The studies also show that some things that have been recommended in the past have begun to work. The e-government process in Kenya has recorded some success and likewise other strategies in other parts of Africa. However, some of these strategies and processes still need a push, a reiteration and more commitment to the enforcement.

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Recommendation In line with recommendations from previous research as well as the people whose opinions were considered in carrying out this research, there is a need to fix that aspect of the public service. Ethics is not just a suggestion. It is a compass that guides the judgment of right or wrong in our daily lives. Public servants should be trained periodically on ethical conduct in their day-to-day activities in the public service. Through constant education, they should be reminded of the implication of following the code of ethics so that the sanctity of the office is protected and devoid of political or governmental interference. These training and education should be properly encoded so that it becomes part of the structure, a system that is then followed regardless of who is in charge at the time. Individuals in the public service should also be employed based on merit and good character and not on nepotism or other bias. Having grown up living ethically will influence their actions and conduct as they carry out their responsibility in the public service. If everyone decides to behave ethically, gradually corruption will be purged from the system.

References African Union Commission. (2011). African charter on values and principles of public service and administration. Arowolo, D. (2012). Ethics, motivation and performance in Nigeria’s public service. Public Policy and Administration Research, 2(5). Ayee, J. R. (2002). Corruption and the future of the public service in Africa. Verfassung und Recht in Übersee/Law and Politics in Africa, Asia and Latin America, 6–22. Baloyi, N. D. (2020). Enhancing capacity building for public service ethics management in South Africa. Bourgon, J. (2010). The history and future of nation-building? Building capacity for public results. International Review of Administrative Sciences, 76(2), 197–218. Caiden, G.  E., & Caiden, N.  J. (1977). Administrative corruption. Public Administration Review, 37(3), 301–309.

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CAPAM. (2010). Ethical dilemmas in the public service: CAPAM featured report. CAPAM. Clapper, V. A. (1999). Ethics for public administration and management in the twenty-first century. Wessels, J. S. & Pauw, J. C. (eds). Davis, J., Mengersen, K., Bennett, S., & Mazerolle, L. (2014). Viewing systematic reviews and meta-analysis in social research through different lenses. SpringerPlus, 3(1), 1–9. Dorasamy, N. (2010). Enhancing an ethical culture through purpose-directed leadership for improved public service delivery: A case for South Africa. African Journal of Business Management. Gitonga, P. K. (2018, March). Efforts into establishing a moral and ethical culture in public administration-Kenya: The missing link. In 2018 Annual Conference of Asian Association for Public Administration: “Reinventing public administration in a globalized world: A non-Western perspective” (AAPA 2018) (pp. 255–265). Atlantis Press. Haruna, P. F. (2008). Recovering integrity in Ghana’s governance: A transcultural study in public service ethics. Public Integrity, 10(2), 113–132. Heidenheimer, A. J., Johnston, M., & Le Vine, V. T. (Eds.). (1989). Political corruption: A handbook (Vol. 11). Transaction Publishers. Kumasey, A.  S. (2018). Public service ethics, values and spirituality in Ghana: Challenges and opportunities. The University of Manchester. Liberati, A., Altman, D. G., Tetzlaff, J., Mulrow, C., Gøtzsche, P. C., Ioannidis, J. P., … Moher, D. (2009). The PRISMA statement for reporting systematic reviews and meta-analyses of studies that evaluate health care interventions: Explanation and elaboration. Journal of Clinical Epidemiology, 62(10), e1–e34. Matheson, A., Weber, B., Manning, N., & Arnould, E. (2007). Study on the political involvement in senior staffing and on the delineation of responsibilities between ministers and senior civil servants. Moher, D., Liberati, A., Tetzlaff, J., Altman, D. G., & Prisma Group. (2009). Reprint—Preferred reporting items for systematic reviews and meta-analyses: The PRISMA statement. Physical Therapy, 89(9), 873–880. Nkyabonaki, J. (2019). Effectiveness of the public service code of ethics in controlling corrupt behaviour in the public service: Opinion from the Grassroots at Toangoma Ward-Temeke Municipal Council. Journal of Asian and African Studies, 54(8), 1195–1212. Nyarko, I., Antwi, K. E., & Antwi-Boasiako, J. (2019). Partisan politics and the decline of Ghanaian public service over the past two decades. Available at SSRN 3406371.

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3 Corporate Governance in Zimbabwe’s Local Authorities: A Void in the Devolution Path Tawanda Nyikadzino

Introduction As a devolved system of government takes root, Zimbabweans are keen to see how subnational governments, particularly local governments, will execute and achieve the envisaged governance roles. As is the case in several countries across the globe, devolution has gained popularity in Zimbabwe, as evidenced by the groundswell of support for its constitutionalisation during the constitution-making process. The generality of Zimbabweans hoped that, through devolution, significant governmental powers, responsibilities and resources would be transferred to local governments, thereby empowering them to govern in their own initiative and improve service delivery. The hopes were further raised by the widely heralded arguments in the literature that devolution enhances local democracy, development, effectiveness, responsiveness, accountability,

T. Nyikadzino (*) Africa University, Muture, Zimbabwe e-mail: [email protected] © The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 K. Ogunyemi et al. (eds.), Ethics and Accountable Governance in Africa’s Public Sector, Volume II, Palgrave Studies of Public Sector Management in Africa, https://doi.org/10.1007/978-3-031-04325-3_3

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transparency and accommodates diversity, among other benefits (Madhekeni, 2020; Nyikadzino, 2020). However, the implementation of devolution in general and the performance of devolved entities, in particular, has been fraught with corporate governance challenges in many developing nations. In the context of Zimbabwe, local governments are operating in a fragile corporate governance system characterised by toxic intergovernmental relations, power politics, tightened central control, multiple accountability lines, corruption, underqualified councillors and weak internal controls (Marumahoko, 2020). Local governments are now in harm’s way, which hampers their capacity to control and direct their operations to achieve the desired goals. Consequently, Zimbabwe has witnessed local governance decay to a point where local authorities now struggle to provide basic services and pay their workers. This chapter makes a case that corporate governance is indeed a void in the devolution path and achieving the envisioned devolutionary goals in the absence of a strengthened corporate governance mechanism will be an elusive dream. Strong corporate governance is the basis for the effective implementation of devolution. The chapter provides a detailed exposition of the complexity of corporate governance in Zimbabwe’s local government. The intention is to provide insights on reforms required to enliven corporate governance and facilitate the realisation of devolutionary goals as enshrined in the Constitution of Zimbabwe Amendment (No.20) Act, 2013. In pursuing the preceding argument, the chapter commences by conceptualising corporate governance and devolution, which are the key terms informing the study. The second part of the chapter sets the scene by giving a snapshot of the state of affairs in Zimbabwe’s local authorities. The third part discusses the complex corporate governance context that hampers sound local governance. Lastly, the chapter provides the main recommendations to improve corporate governance to facilitate the realisation of the envisaged goals of devolution.

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 orporate Governance and Devolution C Defined and Contextualised There is a consensus among researchers on the fact that sound corporate governance, also referred to as good governance, is critical for decentralisation/devolutionary reforms to achieve the intended results (Chigwata, 2018; Nyikadzino & Vyas-Doorgapersad, 2020). To adequately capture the nexus between corporate governance and devolutionary reforms in Zimbabwe, this chapter conceptualises the two concepts. In addition, “since the Government of Zimbabwe sometimes loosely conflates devolution with decentralisation” (Madhekeni, 2020, p. 338), the distinction between the two will be explained briefly. As will later be demonstrated in this section, there is no one standard definition of corporate governance. Researchers tend to give different definitions and interpretations. What is germane in their different conceptions is that corporate governance focuses on clearly mapping the vision of the organisation and putting in place safeguards to facilitate the realisation of the set goals. The idea is to make sure that organisational resources (human, infrastructural, technological and financial) are utilised in ways that benefit the organisation. The definitions of corporate governance can be traced from the Cadbury Report (1992) where initially the concept was simply defined as the “system by which companies are directed and controlled”. As shown above, the focus of corporate governance was to rethink, re-engineer and redesign systems under which companies were “directed and controlled”. The Cadbury Report’s (1992) definition has been criticised for its simplicity and lack of the nuanced components of corporate governance (Thabane & Deventer, 2018). Against this background, this study adopts a more nuanced and comprehensive definition by Du Plessis et al. (2011) cited in Thabane and Deventer (2018, p. 3) which views corporate governance as: the process of controlling management and of balancing the interests of all internal stakeholders and other parties who can be affected by the corporation’s conduct in order to ensure responsible behaviour by corporations

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and to achieve the maximum level of efficiency and profitability for a corporation.

Section 5 and chapter 14 of the Constitution of Zimbabwe Amendment (No.20) Act 2013 diffuse governmental powers among three tiers of government, namely the national government, provincial and metropolitan councils, and local authorities. In the devolution context, corporate governance refers to the processes by which the three tiers of government (central, provincial and local) collaboratively set the internal and external procedures, systems, rules and regulations to strengthen accountability, transparency, integrity, responsiveness, efficiency, effectiveness, among other pillars of good local governance. In a devolved system of government, good corporate governance becomes critical at the grassroots level where significant powers and functions are transferred. As defined by Riedl and Dickovick (2014), devolution encompasses political, fiscal and administrative reforms that create locally elected governmental units, transfer powers and resources and establish autonomous government units that make decisions and provide services to their respective localities. Devolution, unlike deconcentration, which merely creates administrative field offices that are wholly accountable to and controlled by the central government (Chigwata, 2018), is a more extensive form of decentralisation that diffuses power (political, fiscal and administrative) to elected subnational governments that are not under the direct control of the central government (Madhekeni, 2020). Devolved subnational governments are characterised by constitutional protection, substantive powers and responsibilities and local democracy (Madhekeni, 2020). In short, devolution creates autonomous subnational tiers of government with the powers to govern in their own initiatives. Proper corporate governance frameworks to avoid abuse of power should therefore accompany the powers devolved to subnational governments. Vyas-Doorgapersad (2012, p. 138) argues that devolution without good corporate governance creates a situation where “decentralised resources will be improperly diverted and/or that the benefits of decentralisation will be nullified by unscrupulous participants.” Nyikadzino (2020) shares the same view arguing that implementing devolution under fragile reporting and audit systems, as well as porous accountability

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systems, creates a breeding ground for financial indiscipline, as it will be difficult to monitor the utilisation of local funds. In the context of Zimbabwe, the mere devolution of powers and functions without a sound corporate governance structure is more like giving car keys and alcohol to a teenager. Weak local corporate governance frameworks are a trap in the devolution path. Local authorities should, therefore, be: actively owned and managed so as to achieve the stated objectives in an efficient, effective and socially responsive way, while also ensuring that they fulfil their social responsibilities to government as a shareholder, other stakeholders, and the country’s citizens generally. (Thabane & Deventer, 2018, p. 3)

The Constitution of Zimbabwe Amendment (No.20) Act 2013 sets the tone for sound corporate governance in local authorities and other public sector organisations. For instance, Chapter 9 provides the ethical values and principles governing public administration. According to section 194(1) of the Constitution: Public administration in all tiers of government, including institutions and agencies of the State, and government-controlled entities and other public enterprises, must be governed by the democratic values and principles enshrined in this Constitution, including the following principles— (a) a high standard of professional ethics must be promoted and maintained; (b) efficient and economical use of resources must be promoted; (c) public administration must be development-oriented; (d) services must be provided impartially, fairly, equitably and without bias; (e) people’s needs must be responded to within a reasonable time, and the public must be encouraged to participate in policy-making; (f ) public administration must be accountable to Parliament and to the people; (g) institutions and agencies of government at all levels must co-operate with each other; (h) transparency must be fostered by providing the public with timely, accessible and accurate information;

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(i) good human-resource management and career-development practices, to maximise human potential, must be cultivated; (j) public administration must be broadly representative of the diverse communities of Zimbabwe; (k) employment, training and advancement practices must be based on merit, ability, objectivity, fairness, the equality of men and women and the inclusion of persons with disabilities; and the State must take measures, including legislative measures, to promote these values and principles.

Section 194(2) further emphasises meritocracy in the appointments of bureaucrats in all three tiers of government. Chapter 14 of the Constitution provides for devolution and governance principles specifically for provincial and metropolitan councils and local governments. Section 265(1)(a) mandates subnational governments to “ensure good governance by being effective, transparent, accountable and institutionally coherent”. Furthermore, section 266 details out the expected conduct for provincial and local government employees. In 2018, the Government of Zimbabwe passed the Public Entities Corporate Governance Act (Chapter 10.31) to provide the corporate governance nuances for public entities. The Act provides for the appointment and conditions of service of senior staff and makes important provisions for the formulation of strategic plans and performance contracts. All these efforts, if adhered to, enhance effective corporate governance.

 etting the Scene: The Performance S of Zimbabwe’s Local Governments Studies reveal that states across the globe are prioritising local governments as strategic partners in the pursuit of national development goals (Riedl & Dickovick, 2014; Madhekeni, 2020). Governments are devolving governmental powers and functions to the subnational government to politically, fiscally and administratively capacitate them and better position them to govern in their own right, thereby addressing the needs

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and aspirations of the local people. The main idea is to deepen local democracy, citizen participation, value for money (effectiveness, efficiency and economy), responsiveness and national cohesion, among other cardinal pillars of sound local governance (Chigwata, 2018; Vyas-­ Doorgapersad, 2012). Evidently, a country such as Zimbabwe requires sound local governance, particularly given its economic and socio-­ political background characterised by unequal development. Despite the constitutional mandates of local governments, experiences in Zimbabwe show that local governments are mired in corporate governance scandals. Most local authorities, particularly urban councils, are struggling to fulfil their mandates and provide basic services to their respective constituencies. The lacklustre performance of urban councils was succinctly captured by Marumahoko (2020, p. 24) who avers that, The general perception seems to be that urban local government is struggling to respond to service pressures. In most urban councils, it is not uncommon to see dysfunctional governance systems characterised by piles of waste decaying in the streets; roads degenerating into quagmires, underfunded healthcare, inappropriate allocation of resources, inefficient revenue systems and weak delivery of crucial public services; all undermining the quality of urban life.

The Harare City Council, for instance, has been rocked by service delivery woes. The city has failed to provide basic services such as efficient refuse collection and daily water service delivery; the road network also worsened, with potholes scattered across roads (Chidhakwa, 2019). In 2019, the city had a target of 1130 kilometres to repair and construct new roads but managed to achieve a mere 28 kilometres throughout the year (Chidhakwa, 2019). These service delivery problems are not unique to Harare. Chitungwiza Municipality is also swamped in service delivery challenges, including water challenges, sewer blockages, poor road network and refuse collection inconsistencies due to shortages of refuse collection trucks (Open Council, 2021a). A survey by the We Pay You Deliver Consortium (2017) covering the cities of Bulawayo, Harare, Masvingo and Mutare revealed that the performance ability of urban councils is significantly constrained. The report attributed the service

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delivery woes to corporate governance-related challenges emanating from weak internal governance systems, relations with external stakeholders and debilitating economic and political environments. Efforts have been made since the 1980s to try to revamp and re-­ engineer the operations of local authorities. Some of the notable ones include the following: (a) The setting of the Public Service Review Commission in 1989 to assess the performance of the public service (b) The Thirteen Principles of Decentralisation (1999) (c) The Revitalisation of Local Authorities Policy (2004) (d) Adoption of Results-Based Management which encompassed ResultsBased Budgeting System, Results-Based Personnel Performance Systems, e-Governance, Results-Based Monitoring and Evaluation System, and Management of Information System (2005) (e) Adoption of the Public Sector Investment Programme (2006) (f ) The constitutionalisation of local government in the 2013 Constitution (Marumahoko, 2020; Nyikadzino, 2020) These efforts were complemented by other specific corporate governance measures. For instance, in 2018, the Government of Zimbabwe adopted the Public Entities Corporate Governance Act (Chapter 10:31) “to provide for the governance of public entities”. Although the Act was celebrated as a milestone achievement in the fight against unethical practices in the public sector, corporate governance scandals persist. While there have been commendable efforts in enhancing good corporate governance, the state of affairs in Zimbabwe’s local authorities has significantly declined (Nyikadzino & Nhema, 2015; Marumahoko, 2020). The Auditor General’s Report (2016) pinpointed poor corporate governance as the main challenge afflicting local authorities. The question that, nonetheless, remains is: What are the factors hampering effective corporate governance in Zimbabwe’s local authorities? The following section highlights power politics and excessive central government supervision; multiple accountability lines; and the capacity, capability and calibre of councillors as the main factors complicating sound corporate

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governance at the local government level. Premature implementation of devolution reforms without addressing these corporate governance challenges will create fertile grounds for unethical practices. Thus, poor corporate governance is, indeed, a void in the devolution path. Hence, local government policy actors should re-engineer corporate governance structures to ensure the effective performance of devolved local governments. The re-engineering process must target the three main challenges discussed below.

 ower Politics and Excessive Central P Government Supervision For effective local governance, the independence of devolved local tiers from undue political interference and power politics is key (Chigudu, 2020; Chigwata et al., 2019). Conversely, in Zimbabwe’s local authorities, there is an indisputable conflation between politics and local governance. Local governments, particularly urban councils, have been reduced to political battlefields between the ruling party, Zimbabwe African National Unity–Patriotic Front (ZANU-PF) and the Movement for Democratic Change–Alliance (MDC-A) with visible negative implications on service delivery. As Chigudu (2020, p. 8) argues, the major challenge in Zimbabwean local authorities has been “weak corporate governance mechanisms tied with unrestricted political interference”. The political forces have significantly weakened the corporate governance structures in local authorities. Expecting meaningful service delivery in such a local government system submerged in politics remains an elusive dream. Central government interference in local affairs increased in the 2000s following the development of vertically divided authority, a situation whereby opposition political parties gain control of local authorities (McGregor, 2018; Chigwata et al., 2019). The MDC, since its formation in the 1990s, has gained ground in most strategic cities. For instance, in the 2018 harmonised elections, MDC-A won 28 out of the 32 urban councils (Magaisa, 2020), thereby relegating ZANU-PF to a

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predominantly rural party. Such a situation is threatening in the eyes of the ruling party (ZANU-PF). ZANU-PF was denied an opportunity to control urban councils through the front door by the electorates and has had to control urban areas using the backdoor. This was achieved using different political, fiscal, personnel and administrative strategies of subversion (Chigwata et al., 2019; Marumahoko, 2020; Nyikadzino & Nhema, 2015). The use of well-orchestrated strategies of subversion resulted in what Jonga (2012) referred to as “prioritizing political banditry than good governance”. What is now clear is that the ZANU-PF ruling party is not prepared to see functional local governments as this might give political mileage to the opposition party. This raises questions of how devolution will be effectively implemented to empower local governments in such a politically tense environment. Due to the insatiable desire to control and micromanage opposition-­ dominated urban councils, the central government institutionalised several control strategies. The central government used and abused supervisory powers to maintain a strong grip on urban councils. Supervision has become a powerful political weapon at the disposal of ZANU-PF (Chigwata et al., 2019). The ZANU-PF led government used supervision to discipline and dismiss opposition mayors and councillors whom they perceive as threats. As Chigwata, Marumahoko and Madhekeni (2019, p. 44) succinctly argue, the dismissal of mayors and councillors “seem to be less a reflection of genuine supervision but more a manifestation of power politics at play”. This explains why the central government abolished the position of executive mayor in 2007. Executive mayors became a centre of power that could resist central commands (McGregor, 2018). Surely, the unfettered supervisory powers of the central government, if not regulated, will continuously choke the service delivery capacity of local authorities. The central government further strengthened its control through the provision for the Local Government Board (LGB), a board dominated by central government appointees. The LGB is responsible for the appointment of senior administrative positions in  local authorities (Urban Councils Act (Chapter 29:15)). Although the LGB is, in some instances, viewed as an important personnel oversight board, its involvement in praxis has taken away the personnel powers of the councils, thereby

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undermining the extent to which councils can hold the senior administrative officials to account (Chigwata, 2018; Matenga, 2021). Without the powers to employ and discipline senior administrative officials, local accountability and responsiveness become difficult (Nyikadzino, 2020). The arrangement forces senior administrative officials to be upwardly accountable to the central government. The centralisation of personnel powers in the hands of the LGB has created bureaucratic pathologies that have delayed the filling of key administrative positions in many urban councils. Urban councils such as Harare, Chitungwiza, Gweru, Mutare and Bulawayo have operated without substantive Town Clerks and directors for some time. According to the Harare Residents Trust (2020), in Harare, the positions of finance director, human capital director, Harare water director and chamber secretary are manned by officials with acting mandates. Chitungwiza Municipality has not had a substantive Town Clerk since 2019 (Open Council, 2021a). The LGB’s failure to fill the strategic posts has hampered service delivery (Matenga, 2021). This has also benefited unethical and corrupt councillors who manipulate acting officials who always toll the lines of the councillors, expecting substantive appointments in future. The absence of substantive Town Clerks has created power vacuums that brew power struggles amongst the existing directors (Zhakata, 2021). The lethargic pace at which the LGB is moving in filling the vacant posts has compromised the implementation of council resolutions, policies and programmes. Furthermore, vehicle licence, which was a local government lucrative source of revenue, was recentralised. The central government gave the Zimbabwe National Roads Authority (ZINARA) the mandate to collect revenue licences with the responsibility of maintaining local roads remaining under local authorities (Nyikadzino & Nhema, 2015). This arrangement implies that ZINARA will collect the vehicle licence and later disburse some of the funds back to urban local authorities. The arrangement created a case of urban councils with responsibility without power (Magaisa, 2020). In practice, ZINARA is not timeously disbursing the funds to local authorities, thereby undermining road maintenance. A report by the Chitungwiza Municipality indicated that the municipality last received road maintenance funds from ZINARA in December 2019

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and the funds were inadequate to meet the road maintenance demands (Open Council, 2021b). The municipality did not receive anything in 2020. Luckson Mukunguma, a councillor in Harare City Council, quoted in Chidhakwa (2019) blamed ZINARA’s late disbursements of funds for the council’s failure to execute the road maintenance mandate. A survey by the We Pay You Deliver Consortium (2017) has shown that 63.6% of the respondents are of the view that the collection of vehicle licensing by ZINARA instead of local authorities is a bad strategy. Around 70% of the respondents hoped that the devolution of vehicle licences would improve the road maintenance capacity of local governments (We Pay You Deliver Consortium, 2017). What is apparent is that the arrangement obscures accountability and can be used to advance blame games. The relationship between ZINARA and urban local authorities should be further clarified to enhance accountability in a devolved system of government. Using the principle of subsidiarity, the collection of vehicle licences should be transferred to local authorities. This, nonetheless, requires central government commitment, which appears not to be there.

Multiple Accountability Lines Accountability, defined by Risakotta and Akbar (2018, p.  260) as “an obligation for subordinate officials to explain the success, or failure, of reaching the predetermined organisation goals and objectives through periodic reporting”, is one of the corporate governance and devolution cardinal pillars. From a local governance perspective, accountability structures and systems force both political and administrative officials, as individuals and departments, to account for the utilisation of public resources in executing the responsibilities entrusted to them (Chigwata et al., 2019). The effective functioning of a devolved system of government requires properly structured and delineated accountability lines (Chigwata, 2018). The extent to which such structures exist in Zimbabwe raises more questions than answers. It is the argument of this chapter that poorly coordinated and somehow politicised accountability channels pose serious threats to the

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implementation of devolution. Local governments in Zimbabwe operate in a complex environment characterised by multiple and uncoordinated accountability lines (Marumahoko, 2020). Similarly, Magaisa (2020) highlights that local governments operate in a complex environment characterised by multiple upward, horizontal and downward accountability channels. Local governments report to the District Administrator’s office, Provincial Development Coordinator, the parent ministry of local government, the President’s office and other line ministries, to mention but a few. There are also several unpredictable and mushrooming commissions and audits sanctioned by the central government (Chigwata et al., 2019). As Nyikadzino and Nhema (2015) highlight, some of the commissions set by the central government to investigate irregularities in local authorities became a drain on the already constrained local fiscus. Although multiple accountability channels are somehow important, how the central government executes them in Zimbabwe significantly compromises the commitment of local government officials to their core mandates. The central government uses multiple accountability lines as witch-hunting endeavours (McGregor, 2018) and instead of focusing on their core responsibilities, administrative officials spend most of their time developing reports required by the multiple principals. Downward accountability, which is the focus of a devolved system of government, is compromised, thereby hampering responsiveness (Chigumira et  al., 2020). Devolution, if implemented in such a context, will not meaningfully achieve the desired results. This reinforces Nyikadzino and Vyas-­ Doorgapersad’s (2020) view that devolution is not an end in itself and its effectiveness depends on how other complementary reforms are structured and implemented. It is against such a background that the chapter makes a strong case that fragile corporate governance arrangements pose an existential threat to the implementation of devolution. Local government corporate governance structures and systems should be re-­ engineered. This does not mean that the central government should not implement devolution until the appropriate corporate governance structures are re-engineered. Waiting for the development of the appropriate corporate governance structures risks delaying the whole devolution

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process. As Vyas-Doorgapersad (2012) indicates, capacity building is a process that starts from a point of incapacity.

 he Capacity, Capability and Calibre T of Councillors In a devolved multilevel government system, elected local councillors are critical players who make strategic decisions and policies that influence local and national development. The devolution of powers and functions makes local councillors, and local governments at large, strategic partners in the local and national development processes (Ndoma, 2018). Consequently, local councillors become strategic corporate governance actors responsible for making long-term policies that guide local governments. Thus, the effective functioning of a devolved system “demands for councillors with high academic and professional qualifications who could comprehensively understand urban problems and developmental needs” (Jonga, 2009). The question that remains in Zimbabwe’s devolution endeavour is, do local councillors in Zimbabwe have the capacity, capability and character to shoulder devolved powers and functions. In line with the overall argument of the chapter, the researcher in this section argues that the capacity of local councillors threatens devolution implementation. Several studies in Zimbabwe have shown that local councillors lack strategic decision-making skills, knowledge and abilities (Zinyama & Shumba, 2013; Jonga, 2009). Local councillors got poor ratings in the Afrobarometer survey that examined how citizens perceive their local government councillors in terms of responsiveness and job performance (Ndoma, 2018). In terms of responsiveness, the survey has shown that only one in four respondents (25%) think local government councillors do their best to listen to citizens. A local government councillors’ responsiveness trends analysis provided by Ndoma (2018) further paints a bleak picture of councillors’ capacity to meet the requirements of a devolved system of government. As shown in Fig. 3.1, there is a downward spiral in the rate at which the councillors listen to residents’ needs and demands from 2009 to 2017. Such a situation, from a devolution point of view, is not encouraging.

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100% 80% 60% 40%

38%

27%

20% 0%

32%

21%

24%

23%

2005

2009

2012

27%

25%

18%

20%

2014

2017

MP often or always listens Local government councillor often or always listens Respondents were asked: How much of the time do you think the following try their best to listen to what people like you have to say: Members of Parliament? Local government councillors? (% who say “often” or “always”)

Fig. 3.1  People’s perception of the extent to which local government councillors listen to them. (Source: Ndoma, 2018, p. 4)

Implied is that, if devolution is implemented in an environment where councillors do not listen to people’s needs and aspirations, the local citizens will be marginalised in local development processes, thereby distorting the whole idea behind the constitutionalisation of devolution. The chapter highlights councillors’ educational qualifications as a major local corporate governance drawback. Section 19(1) of the Electoral Act of Zimbabwe (Chapter 2:13) provides the qualifications for councillors as follows: Any person who—

(a) is a citizen of Zimbabwe; and (b) has attained the age of twenty-one years; and (c) is enrolled on the voters roll for the council area concerned and (d) is not disqualified in terms of subsection (2); shall be qualified to be elected as a councillor.

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The stipulated basic entry requirements, although applaudable from a democratic perspective, created room for anyone to contest as a councillor. Before the 1990s, councillors were ratepayers and property owners in a particular locality (Ncube, 2019; The Councillors Induction Handbook). As Ncube (2019) highlights, That requirement was shelved in the late 1990s, and it opened up the floodgates for some people with “nothing to defend or safeguard” in actual sense, apart from going to council to look for a pay cheque in the form of allowances, defending political party positions and lining up their pockets through underhand deals.

Subsequently, as Zinyama and Shumba (2013) aver, “The current crop of elected councillors has been found wanting in all facets of local government, be it corporate governance issues and quality service delivery”. The issue of councillors’ capacity and capabilities to discharge their roles is not peculiar to Zimbabwe. A study by Mofolo and Adonis (2021) revealed that the educational capacity of some councillors in South Africa is not adequate. They indicated that most councillors possess qualifications that are at the lowest level. The lacklustre performance of councillors stems from the fact that most of them have nothing to offer and more to gain, a situation that makes them vulnerable to all sorts of unethical behaviours (Nyikadzino, 2020). Corruption and elite capture find fertile grounds in such situations. Rather than viewing the position as an opportunity to serve the community, the current crop of councillors now sees it as a form of employment and an opportunity to amass properties. For instance, in 2017, the then Minister of Local Government, Seviour Kasukuwere, suspended Chitungwiza “Mayor Phillip Mutoti and all 24 councillors for allegedly corruptly allocating themselves tracts of land worth over $7 million” (Ruwende, 2017). Some of the councillors are vindictive to such an extent that those administrative officials professionally discharging their jobs end up losing their jobs. For instance, in the case of Harare, the council unceremoniously dismissed a former substantive finance director, Justin Mandizha, after closing revenue leakages that benefited councillors at the expense of the organisation. As Chigudu (2020) argues, councillors

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take politics to be a chance for amassing wealth and not for helping the electorates. The proliferation of unqualified councillors has created a delicate corporate governance situation. Councillors, expected by the people to supervise and monitor the activities of the administrative arm of the council, lack basic public policy or public administration knowledge (Nyikadzino, 2020). The administrators, who are qualified and skilled technocrats, can easily mislead and misinform the councillors. Councillors quoted in McGregor (2018) highlighted cases of deception and manipulation by the administrative hierarchy. They complained of not being informed about the rules and procedures and being given false information (McGregor, 2018). This makes effective checks and balances very difficult. Effective checks and controls require councillors with basic corporate governance, policy evaluation and financial management knowledge. Without such knowledge, the technocrats can easily mislead the council (board). The debate on the calibre of councillors is now topical than ever before because of the rampant cases of corruption and poor service delivery that characterise most of the local authorities in the country. As Ncube (2019) rightfully pointed out, councils are mini-governments where there is a need for astute, stable, capable and honest leaders. Ethical and true servant leaders are crucial for devolution to succeed. Without them, devolution will further deepen and perpetuate corruption and mismanagement of local authorities. Therefore, the policymakers should further explore the capacity, capability and calibre of councillors to come up with holistic solutions that can capacitate councils to make decisions that can change the fortunes of many people. A study by Assenga et al. (2018) indicates that boards of directors play critical corporate governance roles through monitoring and advising on resources utilisation and the overall performance of the organisation. As such, effective local governance requires comprehensive capacitation of the council.

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Recommendations It is against the complexities discussed above that the local government corporate governance design must change for the better for devolution to achieve the desired service delivery outcomes. It should not be business as usual. Corporate governance must be strengthened to timeously detect maleficence and hold the wrongdoers to account. This way, local governments will be functional and empowered to spearhead local economic development. To achieve this, accountability systems and structures in  local governments will require reconfiguration. This is necessary to ensure that accountability lines are clear, predictable and allow local governments to focus on their core mandates. It is no secret that accountability lines in Zimbabwe’s local authorities are complex. In reconfiguring accountability lines, the stakeholders in the local government field should explore the system of intergovernmental relations to allow collaboration and cooperation between local governments, district administrators, provincial administrators, provincial councils, the parent ministry and other line ministries, the Office of the President and Cabinet, ZINARA, among other stakeholders. Kanyane (2016, p. 94) cited in Mofolo and Adonis (2021, p. 6) recommends that “the spheres of government should always interplay in the best interest and to the premium benefit of the citizenry”. The Office of the President and Cabinet should play a key role in harmonising the multiple accountability actors. Local authorities must be granted the decision pace to govern in their own initiatives, as provided for in the 2013 Constitution. As succinctly highlighted by Mofolo and Adonis (2021, p. 6), the performance of any organisation “can largely be guaranteed by its level of autonomy and independence, that is, its freedom from influence and undue political pressure.” This also applies to Zimbabwe’s local authorities if they are expected to effectively discharge their devolved mandates. However, this should not be misconstrued to mean that local governments should be completely autonomous from the central government. Local government remains a lower tier of government and the centre should supervise them through regulation, monitoring, support and, as a last resort,

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intervention. What is important is to ensure that “the institutional design balances the requirement for supervision with the need for local discretion” (Chigwata, 2018, p. 35). Central government supervision should, therefore, be regulated to minimise abuse of power. The effectiveness of local government corporate governance can largely be guaranteed by the quality of its board; that is, the calibre of the councillors determines the quality of deliberations and decisions or policies made. For the council to play the expected role and perform its functions optimally in a devolved system of government, the policymakers should reflect upon the quality of councillors (Zinyama & Shumba, 2013). This requires collaboration between the different stakeholders, including political parties, civil society organisations, and the government, among others. Political parties should screen the calibre of people to contest as councillors. The democratic principles, however, should guide the screening process. Corporate governance training programmes should be part of the induction process for councillors. This helps councillors to understand their role in local governance. The different tiers of government should consider re-engineering the whistleblowing framework in  local authorities. This can help in timeously detecting corporate governance risks. Chigudu (2020) argues that effective whistleblowing frameworks bolster the capacity of organisations in exposing corporate malpractices. The legal protection of whistle-­ blowers is critical for the whole framework to be effective. This, if properly done, can implant the local accountability culture and enhance public trust.

Conclusion The main argument of this chapter is that corporate governance is a void in the devolution path and achieving the envisioned devolutionary goals in the absence of a strengthened corporate governance mechanism will be an elusive dream. The state of corporate governance in a majority of local authorities in Zimbabwe leaves much to be desired. Local authorities, particularly urban councils, are plagued with corruption and several corporate governance scandals that have significantly hampered effective

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service delivery. Most urban councils are operating without substantive key administrative officials and their key policymakers (mayors and councillors) are underqualified, incompetent and incapacitated. This has created fertile grounds for unethical practices that saw many councillors and senior administrative heads being suspended and some dismissed for misappropriation of funds, improper recruitments and illegal sales of land. Of great concern, however, is that all these unethical practices are happening under the watchful eye of a multiplicity of internal and external corporate governance structures, including central government supervision, entrusted to ensure sound corporate governance. The findings of the chapter provide evidence that Zimbabwe’s local authorities operate in complex corporate governance settings that, instead of enhancing and strengthening good local governance, confuse, politicise, limit local decision space and jettison local governments. The issue of power politics has denigrated local governance to a political battlefield between ZANU-PF and MDC-A to the detriment of sound corporate governance. Another considerable argument from literature is that the calibre of local councillors is a weak link in the corporate governance endeavour. The chapter, using arguments from literature, concludes that weak corporate governance is, indeed, a void in Zimbabwe’s devolution path. Concerning this, the chapter recommends the re-engineering of internal and external corporate governance structures for devolution to achieve the intended results. This requires political commitment, which at the moment seems not to be there. As Chigudu (2020) avers, any corporate governance model in the public sector is implantable only if the central government is keen to thrash the challenge of corruption and depoliticise public management.

References Assenga, M., Aly, D., & Hussainey, K. (2018). The impact of board characteristics on the financial performance of Tanzanian firms. Corporate Governance International Journal of Business in Society, 18(6), 1089–1106. Cadbury, A. (1992). Report of the Committee on the Financial Aspects of Corporate Governance. Gee & Co. Ltd.

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Chidhakwa, B. (2019, December 23). Poor service delivery irks Harare residents. The Herald. Chigudu, D. (2020). Public sector corporate governance: Zimbabwe’s challenges of strategic management in the wake of sustainable development. Academy of Strategic Management Journal, 19(1), 1–13. Chigumira, G., Chipumho, E., & Chiwunza, G. (2020). Fiscal transparency and accountability within the context of devolution in Zimbabwe. ZEPARU Discussion Paper. Chigwata, T. C. (2018). Provincial and local government reform in Zimbabwe: An analysis of the law, policy and practice. Juta. Chigwata, T.  C., Marumahoko, S., & Madhekeni, A. (2019). Supervision of local government in Zimbabwe: The travails of mayors. Law and Development, 23(2019), 44–67. Councillors Induction Handbook. https://info.undp.org/docs/pdc/Documents/ ZWE/Handbook Du Plessis, J. J., Hargovan, A., & Bagaric, M. (2011). Principles of contemporary corporate governance. Cambridge University Press. Harare Residents Trust. (2020). Absence of substantive directors of strategic council departments hindering service delivery. https://kubatana.net/2020/07/02/ absence-­o f-­s ubstantive-­d irectors-­o f-­s trategic-­c ouncil-­d epartments-­ hindering-­service-­delivery Jonga, W. (2009). Looking beyond political qualifications of councillors in managing urban councils of Zimbabwe. SSRN Electronic Journal. https://doi. org/10.2139/ssrn.1512464 Jonga, W. (2012). Prioritizing political banditry than good governance: Rethinking urban governance in Zimbabwe. Ethiopian Civil Service University. Kanyane, M. (2016). Interplay of intergovernmental relations conundrum. HSRC Press. Madhekeni, A. (2020). Dancing around the same spot: The elusive quest for devolution in Zimbabwe’s last four decades. In E.  V. Masunungure (Ed.), Zimbabwe’s trajectory: Stepping forward or sliding back? Weaver Press. Magaisa, A. (2020, November 21). Urban councils  – A case of responsibility without power. Big Saturday Read. www.bgsr.africa/bsr-­urban-­councils-­a-­ case-­of-­responsibility-­without-­power Marumahoko, S. (2020). A conceptual framework for improved municipal service delivery in urban Zimbabwe. Applied Research in Administrative Science, 1(2), 24–36. Matenga, M. (2021, May 17). Service delivery compromised by many acting officials. Newsday.

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McGregor, J. (2018). Surveillance and the city: power sharing and the politics of urban control in Zimbabwe. Journal of Southern African Studies, 39(4), 783–805. Mofolo, M. A., & Adonis, V. (2021). Re-engineering imperatives to enhance the effectiveness of municipal public accounts committees in South African municipalities. Africa’s Public Service Delivery and Performance Review, 9(1), 1–8. Ncube, L. 2019. City fathers or city dealers at council chambers. Bulawayo News24. Accessed at https://bulawayo24.com/index-id-opinion-sc-columnist-byo-166546.html Ndoma, S. (2018). Zimbabwe’s MPs, local councillors get poor ratings on responsiveness and performance. Afrobarometer Dispatch No. 206. Nyikadzino, T. (2020). The devolution of governmental powers and responsibilities in post-independent Zimbabwe (Doctoral thesis). University of Johannesburg. Nyikadzino, T., & Nhema, A. (2015). The implications of centre-local relations on service delivery in local authorities. Journal of Public Administration and Governance, 5(2), 149–168. Nyikadzino, T., & Vyas-Doorgapersad, S. (2020). The devolution of governmental powers and responsibilities in post-independent Zimbabwe. African Renaissance., 17(1). Open Council. (2021a). Parliament orders Chitungwiza to appoint town clerk. https://harare.opencouncil.co.zw/parliament-­o rders-­c hitungwiza-­t o-­ appoint-­town-­clerk Open Council. (2021b). Oral evidence from Chitungwiza Municipality management. http://harare.opencouncil.co.zw/oral-­e vidence-­f rom-­c hitungwiza-­ municipality-­management Republic of Zimbabwe. (1995). The Urban Councils Act (UCA) of 1995. Government Printers. Republic of Zimbabwe. (2013). The Constitution of Zimbabwe Amendment (No. 20) Act, 2013. Government Printers. Republic of Zimbabwe. (2016). The Auditor General’s Report. Government Printers. Republic of Zimbabwe. (2018). The Public Entities Corporate Governance Act (Chapter 10:31). Government Printers. Republic of Zimbabwe. Electoral Act of Zimbabwe. Government Printers. Riedl, R. B., & Dickovick, J. T. (2014). Party system and decentralisation in Africa. Studies in Comparative International Development, 49(3), 321–342.

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Risakotta, K. A., & Akbar, R. (2018). The effectiveness on internal and external accountability, job motivation and education on local government officials’ performance. Journal of Indonesian Economy and Business, 33(3), 257–272. Ruwende, I. (2017, April 29). 3-member commission for Chitungwiza. The Herald. Thabane, T., & Deventer, E.  S. (2018). Pathological corporate governance deficiencies in South African state-owned companies: A critical reflection. PER/PELJ, (21), 1–32. Vyas-Doorgapersad, S. (2012). Decentralization and capacity building: Paradigm shifts in  local self-governance. African Journal of Public Affairs, 5(2), 130–141. We Pay You Deliver Consortium. (2017). State of service delivery report: Cities at the crossroads. Danish Church Aid. Zhakata, I. (2021, June 2). Harare council directors suspended. The Herald. Zinyama, T., & Shumba, P. (2013). Are minimum qualifications for local councillors panacea? http://www.archive.kubatana.net/docs/locgov/hrt

4 The Role of Ethical Orientation in Promoting Project Performance in African Universities Elisha Obella, Godwin Kwemarira, and Immo Bob

Introduction Public universities in Uganda have faced significant challenges in recent years (Kagaari et al., 2013). They have failed to enhance project performance with regard to time, scope and cost, and project stakeholders are not satisfied with the output of the different projects. For example, in

E. Obella (*) Makerere University Business School, Faculty of Graduate Research and Training, Kampala, Uganda G. Kwemarira Makerere University Business School, Faculty of Management, Department of Leadership and Governance, Kampala, Uganda Department of Economics and Management, Uganda Management Institute, Kampala, Uganda I. Bob Uganda Christian University, Mukono Town, Uganda © The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 K. Ogunyemi et al. (eds.), Ethics and Accountable Governance in Africa’s Public Sector, Volume II, Palgrave Studies of Public Sector Management in Africa, https://doi.org/10.1007/978-3-031-04325-3_4

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2006, Makerere University began a project of constructing UG Shs 2 billion perimeter wall. Due to weak professional ethical conduct amongst the university management and contractors, the perimeter wall was poorly constructed and thus ended collapsing even before it was fully completed. The parents, students and the citizenry were not satisfied with the cost of the construction work. The quality of the work was extremely poor and columns were built without the foundations and enforcement of the original design of the wall (The Independent, July 10, 2009). Further, Socket Works (U) Ltd., a software and ICT company, was engaged to deliver and manage software and ICT infrastructure at MUBS for seven years from January 2007 (PPDA Report, 2008). At the time of audit, MUBS had so far paid Sh 60 million and Sh 400 million had been collected from students as ICT fees. The review of the Socket Works project by the PPDA in November 2007 revealed inappropriate ethical behaviour of that ICT project in MUBS. The quality and design of the project were lacking, it was not even procured following the right PPDA processes. The software was not delivered as agreed, which was an unethical issue. The PPDA recommended disciplinary action against the accounting officer for allegedly usurping the role of the school’s contracts committee and mismanaging the project (PPDA report, 2007). In another related case, Makerere University Walter Reed Project commemorates the HIV Vaccine Awareness Day on 18 May every year to thank thousands of volunteers, scientists, researchers, advocates and communities who participated in developing a  vaccine for HIV (Makerere University Report, 2020). At a media dialogue this year to commemorate the HIV vaccine, the executive director of Walter Reed project H. Kibuka (personal communication, May 18, 2013) attributed the project’s better performance since 1999 to largely good ethical conduct. With respect to ethical orientation, the strategic plan of Busitema University of 2009–2014 provides for the following core values to be adopted by every officer in the execution of the University’s tasks and duties; excellency, relevancy, innovativeness, professionalism, ethics and integrity, equity and internationalization and respect for diversity. These core values formed a basis for the realization of the Millennium Science Initiative project worth $1,250,000 at Busitema University. This project succeeded

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in its objective of rolling out the Bachelor of Science in Textile Engineering degree programme (Auditor General Report, 2012/2011).

Theoretical Viewpoints Ethical Orientation Ethical orientation focuses on processes and rules to guide ethical decisions. These rules are considered absolute, meaning that the acts must be done regardless of the consequences. In this orientation, the ethical decision is made by considering the amount of individual and/or social benefit to be obtained as a result of the decision. Many factors are predicted to influence ethical orientations and they consist of deontology and teleology (Hunt & Vitell, 1993; Hunt & Vitell, 1986). The two approaches to ethical orientation (Deontology and Teleology) which have received the most attention in the literature are those reliant on the theories of deontology and teleology (McDonald & Beck-Dudley, 1994).

Deontology Deontology emerges from the Greek word “deon”, which means necessary or obligatory. This theory has been established in Western moral philosophy that receives the influence of prominent Greek moral philosophers, such as Socrates and Plato and the very influential German philosopher, Immanuel Kant (1724–1804) (Marta, 2004). The theory states that the only unqualified good is good will. Good will manifests itself when it acts for the sake of duty, where duty implies a recognition and adherence to a law or precept. A deontological approach enjoys a rich historical legacy, dating back to philosophers such as Socrates and more recently to the work of Kant. With the idea of universal truths and principles, that should be adhered to regardless of the circumstances. Kant’s categorical imperative states that a person faced with a problem should be able to respond consistently and in conformity with their moral principles and also feel comfortable with the decision being made in full view

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of others. The deontic ethical orientation demonstrated by Kant asserts that right action is action in accordance with a rule that can be made applicable to everyone. Such ethical schema tends to blame and castigates any act that results in injustice and breaking rules (Felps et al., 2006). The deontic approach ignores and/or fails to examine the motives behind people’s ethical behaviour (Ntay, 2012). The drawback of deontology is that it only focuses on motivation and the duty of the decision maker and ignores the consequences derived from the judgements. Therefore, this introduces the relevance of the Teleology theory to address the shortfalls in Deontology theory.

Teleology Teleology was coined from the Greek term “telos”, which means ends, consequences and results. This theory evaluates ethical actions in terms of their contribution and consequences of the judgements, rather than their confirmation to rules or commandments (Finniss, 1998). The fundamental difference between the two theories lies in that deontology theory focuses on the ethical character of an act. An act is considered ethical based on the motivation and duty of the decision maker. It is to comply with rules and procedures, irrespective of whether the decision would produce good consequences. On the other hand, teleology theory postulates that an action is ethically correct if it produces a net balance of good over evil for the decision maker or society as a whole. Unethical action is sometimes considered good if it provides the greatest good over evil to the majority stakeholders irrespective of rule compliance. However, the drawback of using teleology is that a decision maker must take a broad perspective concerning who might be affected by the decisions and choose the judgements that promote pleasure and alleviate pain and suffering. In addition, breaking the law is allowed if it could bring more goodness than badness. However, neither deontology nor teleology can stand alone. Both theories are needed to produce a comprehensive ethical judgement. This makes a useful complement to each of the theory, because an action that satisfies both theories can be said to have a good chance of being ethical.

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Project Performance Project performance areas are defined by many standards and usually separated into multiple project management knowledge areas, such as the management of integration, scope, time, cost, quality, human resources, communications, risk and procurement (PMBOK, 1996). The core skills needed in project performance are mostly in the areas of budgeting, scheduling and resource allocation, as well as the key tools related to those areas, such as scheduling networks and resource-loading charts (Frame, 1994). There is also evidence that leadership and human skills are one of the most critical competence areas in project performance (Webb & Vielvoije, 1999; Zimmerer & Yasin, 1998; Crawford, 2000; El-Sabaa, 2001). According to the PMBOK Guide 2007, project management is the application of knowledge, skills, tools and project techniques to project activities in order to meet or exceed stakeholder needs and expectations from a project. Meeting or exceeding stakeholder needs and expectations invariably involves balancing competing demands among scope, time, cost and quality. This description is sufficiently general to cover the needs of the project in terms of time, cost, scope and the needs of the product of the project or customers of the project in terms of the defined requirements. Failure to meet the requirements in either of these dimensions can have serious and negative consequences for any or all of the projects’ stakeholders. The PMBOK seemingly does not go on to establish the relationship between project management competence and project performance.

 he Relationship between Ethical Orientation T and Project Performance Ethical orientation asserts that the right action is one in accordance with a rule that can be made applicable to everyone (Nada, 2009). It is premised on the assumption that the best means of achieving consistent, universal and impartial decisions that protect the rights of citizens is anchored on rules (Campbell, 2002). It is the responsibility of leaders to

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have ethics that are imparted to different state actors (Vigoda, 2002). Citizens have a role to determine the ethical direction of the society in which they live. They participate in the running of the state and ensure that the morality of the public is safeguarded. The public and government officers act responsibly in knowing what values are in society and defend them (Isaac, 2009). Leaders with ethical standards are held responsible for enforcing and obeying rules in public offices, thus lessening underperformance. Such leaders are held accountable for public decisions made which deter them from collusion and corruption (Kwemarira et al., 2020). They award contracts to responsible contractors and suppliers who come along with benefits accruing to those projects. Leaders with sound arrangements for planning, authorization, proper control and use of public resources enable their societies to get their value for any resources spent on their behalf. Leaders with good ethical standards exercise professionalism in the execution of public arrangements by making informed decisions regarding public procurement functions (Adjei, 2010). Such leaders encourage professional development, promotion and support for individuals engaged in public procurement of public services and also ensure adherence to ethical standards. As a result, there are minimal possibilities of corruption and misuse of public resources, and the citizens get benefits accruing to projects and programmes initiated, monitored and implemented by professional leaders, thus improving on their welfare. Leaders with high moral and ethical standards exercise professionalism and transparency and make decisions on developmental projects that improve the welfare of the citizens (Nsiah, 2016). They ensure efficiency and effectiveness in the utilization of public resources. As a result, public resources are ventured into projects of public interest that add value and improve on the welfare of the led. This is exemplified in the procurement of public contracts that have a multiplier impact on the economy. In this regard, leaders with high moral and ethical standards benchmark best practices on any issue of public interest and encourage competition in the bidding of contracts (Kee & Forre, 2008). Such leaders put in place mechanisms for controlling public expenditure and closely monitor the implementation of projects by service providers/suppliers to ensure that the public interest is fulfilled by active participation.

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Deontology in the current national legislations laid the ground for it to be defined as a new and modern trend to promote public interest (Nikolay & Bulgaria, 2014). The essence of the legal framework boils down to imposing in advance, legal restrictions that public officials are obliged to observe in performing their functions and duties. Abiding by these laws promotes project performance in public universities. Ethical ideologies represent individual differences in core beliefs and values (Eisten, 2010). These ideologies provide an individual with a guiding framework with which to consider ethical quandaries and serve to guide an individual and explain differences in ethical judgements (Forsyth, 1992; 1980). While many may agree with Einstein (2010) that ethics are absolute, many others believe that ethics are indeed relative and that the definition of what is “ethical” is subjective, depending on a variety of factors ranging from context to consequences. Such differences in ethical judgement were conceptualized by Forsyth (1980) in his framework of ethical ideologies. Organizational ethics in both public and private sectors across the globe have been grafted to promote obedience to laws and procedures, and increase equalism (Garoaolo, 2003). Most unethical behaviour is not done for personal gains and not done to meet performance goals (Gellerman, 2005). The study further states that ethical behaviour is to a large extent situational. It is not the result of an inadequate understanding of ethics or one’s character but of being in the wrong place at the wrong time. Code of ethics studies conducted on the largest multinational corporations operating across a range of jurisdictions in the world (Singh et al., 2015) have found that having an ethical code does have a positive impact on the ethical actions and behaviours of organizations. In today’s supply management, executives and supply managers encounter daily situations that put ethics to the test. Supply management can be viewed as “organizing the optimal flow of high-quality, value-for-money materials or components from a suitable set of innovative suppliers” (Wagner, 2013). Many ethics researchers believe that organizations set up situations/ cultures that encourage unethical behaviour on the part of their employees. Gerber (2005) suggests that most unethical behaviour is not done for personal gain; it’s done to meet performance goals for an ethics

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consultant. Gellerman (2005) says that unethical behaviour is to a large extent situational; it is not the result of an inadequate understanding of ethics or of faulty lines within one’s character but of being in the wrong place at the right time. These scholars seemingly neglected the study on the relationship between ethical orientation and project performance. Relatedly, Lysonski and Gandis (1991) examined the ethical tendencies of samples of university business students from the USA, Denmark and New Zealand using a questionnaire containing ten short vignettes of ethical dilemmas. Participants responded to each vignette on a ten-point scale ranging from definitely would engage in the unethical behaviour (1) to definitely would not engage (10). They found that participants from the three countries shared a common ethical sensitivity to the various dilemmas and that both students and practising managers held a similar degree of sensitivity to such dilemmas. Wile (1998) found that regardless of gender, position or company size, managers’ ethical behaviours are influenced by behaviours of managers more senior than themselves. The study also found that ethical misconduct occurs more often and is more serious in speciality areas such as employment, health, safety, security and compensation. She seemingly did not go on to establish the relationship between ethical orientation and project performance. Efforts at enhancing ethical behaviour in public service organizations are seen as important and widespread (Feldheim & Wang, 2002) but Eric (2005) concluded that although there had been an increase in the number of ethics programmes, their impact on misconduct was not as great as hoped and appeared to be strongly reliant upon culture. Companies with strong ethics programmes report improvements in ethical conduct, and programmes have a positive effect on employee behaviour, ethical attitudes and corporate culture (Ferrell et al., 1998). Each element is likely to have some impact on employees’ attitude and behaviour, but the manner and extent of this impact may vary (Park et al., 2012). Ethics and its effect on project management are frequently discussed and yet so rarely agreed upon (Pinto & Slevin, 1988). Critical performance factors are common in projects today as a means of assessing project performance. There has been a broadening of measurements from simply time, cost (on budget), and functionality improvement

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measurement in the 1970s to a more quality-based focus in the 1980s and 1990s. For those involved with a project, projects performance is normally thought of as the achievement of some predetermined performance goals (Lim & Mohamed, 1999). Lim and Mohamed suggest that projects performance needs to be considered from the perspectives of stakeholders and identify two perspectives: a macro-perspective, which aggregates all stakeholders; and a micro-perspective, which considers only those directly involved with the execution of the project. Premised on the literature reviewed, the following hypothesis is set forth: H1: There is a relationship between ethical orientation and project performance

Methodology Research Design The study was a cross-sectional quantitative survey. It also employed a descriptive and analytical research design to examine the association between ethical orientation and project performance. A correlation design was adopted to explain the relationships between the variables of the study.

The Study Population and Sample Size The study population comprised 171 projects from five public universities in Uganda namely Makerere University, Kyambogo University, Mbarara University, Gulu University and Busitema University (Public Universities’ Reports to Parliament, 2013; Makerere & Busitema Universities PDU reports). The sample size was 144 projects that were obtained from the study population of 171 projects. The procedure for determining the sample size was based on Krejcie and Morgan (1970).

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Response rate (projects). University

Target population

Sample size

Responded

Makerere Kyambogo Mbarara Gulu Busitema Total

72 29 33 22 15 171

59 24 28 19 14 144

39 24 16 18 7 104

Source: Public university reports to parliament (2019) and sample size obtained based on Krejcie and Morgan (1970)

The table above shows that with the targeted population of 171 project officers in public institutions and a sample size of 144 project officers, only 104 project respondents were responsive.

Data Collection Instrument Primary data was collected from the respondents (staff in university projects) using a self-administered questionnaire, the condition of anonymity was adhered to create trust in the respondent in order to get salient findings. The responses to the questionnaire were anchored on a six (6) point Likert scale. Ethical Orientation: This was measured using items developed by Baugher and Weisbord (2006) and Lim and Kevin (2006). This questionnaire covered both deontology and teleology classifications of ethical orientation. Project Performance: This was measured using items that were developed by Lipovetsky et al. (1997), Lim and Mohammed (1999), Zwikael and Globerson (2006), Voetsch (2004), Bryde (2005).

Findings and Discussion  he Relationship between Ethical Orientation T and Project Performance Pearson (r) correlations helped understand the relationships between ethical orientation and project performance. These results were presented

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from the data that had been earlier on collected and analysed using the SPSS software with a view to address the study hypothesis. Results confirmed that H1 was supported (r = 0.485, p < 0.01). This means that a positive change in ethical orientation (deontology and teleology) is related to a positive change in project performance of public universities. When project officers follow rules and regulations, they will foster the concerns of the university projects. Also, when university project administrators possess work values that are morally right, they will promote the preferences of university project stakeholders. Again, this shows that once project managers recruit officers that possess and abide by ethical principles or values that the project has laid out for its employees to adhere to, they are likely to complete the project activities on time, which will enhance project performance. Further, this shall cause stakeholder satisfaction among the various project stakeholders of public universities. This again implies that the more the project officers are just and fair, the more they will meet the project expectations. Again it means that if the project officers have morally responsible behaviours that adhere to universal truths and principles, they will go on to perform tasks and duties of the project following the laid out budget. In the context of public universities, enforcement of laws is exemplified by the Ministry of Education and Sports being responsible for the administration of education. This Ministry is in charge of enforcing that the ideals of project tasks and duties are in line with the required ethical standards. Project officers that abide by the Constitution, putting into practice the Education Commission’s Teachers’ code of conduct, follow school rules and regulations that guide university lecturers, administrators and university students in the day-to-day affairs. The results showed a significant positive relationship between ethical orientation and project performance. This means that if ethical values and principles are enhanced, the project performance is more likely to be improved. The findings are in line with the works of Okpara and Wynn (2007) who revealed that there is a relationship between organizational ethical climate and facet of performance and job satisfaction. They established that ethical climate types explained 58 per cent of the variation in the overall performance and job satisfaction. These research findings are

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also in line with the works of Tam et al. (2000), who established that ethical behaviours have an impact on the outcome of projects. The research results are supported by the works of Pulakos et al. (2012), who emphasized that most organizations use ethics to improve organizational performance. They further go on to list the likes of Richard Branson, Terry Leahy and Anita Roddick, whose works show how management ethical behaviour influences the performance of different organizations and companies.

Conclusion Based on study findings, there is a need to have an outward look and belief in the capacity to follow rightful laws in the execution of university projects. Special emphasis can be put on the university public education sector, and in an effort to change the world, coherent critiques and policy proposals that further the cause for project work need to be developed. In the process, it may be inevitable to take risks within the academic cycles but consistently insist on following and eventually adopting laws as guiding policies that enhance project satisfaction in a university setting. The researchers deduce that university project officers should behave according to the scripts that are in accordance with public roles. In the absence of these laws, individual project behaviour is difficult to define. There is no written script centre of gravity in terms of following laws. If university laws could be adopted, a network of codes could evolve into a global programme of university project performance. Each project officer has different duties for its respective project, hence a need for a universal code which equates with the first principle of Kantian’s universal maxim embedded in the Deontology theory to cater for all the project stakeholders. The universal maxim argument is that the way we act should be a universal law, and this is the basis of morality in the university setting.

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Recommendations Premised on the study findings, the following recommendations are put forward: There should be a specific professional code of conduct regulating project officers as they execute project activities in the universities. All project officers in public universities should subscribe to and adhere to this code of conduct. Ethical values should be strongly upheld by university officers as they execute universities’ projects’ tasks and duties. The oaths of secrecy should be taken by all project officers before beginning project work. Even after taking those oaths, they should be monitored to ensure that they abide by those oaths. Public universities should introduce ethical and moral tests. These tests should become part of the recruitment policy. Once people of positive morals are recruited, they should again be retrained in moral values and ethics regularly, which would enhance project performance in public universities in Uganda. Project managers should continuously do a needs assessment of the project officers and regularly design training programmes to equip these officers with the required competencies needed to execute project tasks and duties. Project officers should be equipped with skills of efficiently planning and allocating scarce resources, thus promoting project performance in public universities in Uganda. The background of the officers to be recruited should be tracked and those whose record is clear and not questionable in regard to their ethics should be recruited to work on the projects of public universities.

Limitations to the Study The study was limited to only two variables. This limited the scope of the study to only ethical orientation and project performance. The study adopted a cross-sectional design which was a limitation in itself. Future related studies should be longitudinal to capture the changes in behaviour and even overcome the common methods bias.

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The study was limited to only public universities which limited the area of the study as the researcher could not go to private universities for data collection. The data collection instrument was a standard questionnaire which limited the ability of the researcher from collecting views about information outside the asked questions.

References Hunt, S. D., & Vitell, S. (1986). A general theory of marketing ethics. Journal of Macromarketing, 6, 5–16. Kagaari, J. R. K., Munene, J. C., & Ntayi, J. M. (2013). Agency Relations and Managed Performance in Public Universities in Uganda. Krejcie, R. V., & Morgan, D. W. (1970). Determining sample size for research activities. Educational and Psychological Measurement, 30, 607–610. Ntay, M.  J. (2012). Moral Schemas and Corruption in Uganda Public Procurement. PMBOK. (1996). A guide to the Project Management body of knowledge. PMI Standards Committee, Project Management Institute, Upper Derby, PA. Webb, S., & Vielvoije, R. (1999). Identifying potential project managers: Assessing for essential skills. In K. A. Artto, K. Kahkonen, & K. Koskinen (Eds.), Managing business by projects (Vol. 2, pp.  771–785). Project Management Association Finland and NORDENT. Zimmerer, T. W., & Yasin, M. M. (1998). A leadership profile of American project managers. Project Management Journal, 29(1), 31–38.

5 Managing Tanzania Public Service Integrity in the Digital Era Within a Governance Framework: Opportunities, Challenges and Future Needs Sospeter Makubi and Faisal H. Issa

Introduction The Digital era may simply mean transformation in the 21st Century from industrial revolution to a new economic power of information technology (Windsor, 2020). It is a period where digital technologies play important roles in shaping and regulating the conduct, performance and values of the societies, organizations and individuals. The

S. Makubi Tanzania Revenue Authority, Head Quarters, Dar es Salaam, Tanzania e-mail: [email protected] F. H. Issa (*) Mzumbe University, Dar es Salaam Campus College Upanga, Dar es Salaam, Tanzania e-mail: [email protected] © The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 K. Ogunyemi et al. (eds.), Ethics and Accountable Governance in Africa’s Public Sector, Volume II, Palgrave Studies of Public Sector Management in Africa, https://doi.org/10.1007/978-3-031-04325-3_5

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introduction of information technology including the Internet, social media and mobile devices have changed the structuring, management and provision of public services (Dunleavy et al., 2006). Thus, governments around the world have paid attention to ethics and integrity in the digital era and the governance framework required to enhance performance in the public sector. Like most African countries, the Government of Tanzania, since independence in 1961, has been taking various initiatives and strategies geared toward promoting ethical values and improving public service integrity. Some of the initiatives include the enactment of the Public Service Act and its Regulations, the adoption of the National Anti-­ corruption Strategy and Action Plan, the development of the Code of Ethics and Conduct for Public Service and the establishment of the National Anti-corruption Bureau. While adopting several integrity strategies in response to changes in the operating environment of the public sector, the recent global change (the digital technology) has posed both new opportunities and challenges to integrity management in the Tanzania Public Service. The subject matter of interest is thus the management of public service integrity in the era of Information Technology (the digital era) with a focus on opportunities and challenges brought about by IT. Also important is the future need of improving integrity in the Tanzania Public Sector by addressing challenges associated with the digital era. Some key issues of concern are: • What is the historical development of integrity management in the Tanzania Public Service? • What are the opportunities and challenges facing the Tanzania Public Service Integrity Management System in the era of digital technology? And, • What are the needs of the future to improve the Tanzania Public Sector integrity in the current digital era?

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 he Historical Development of Integrity T Management in the Tanzania Public Service In its efforts to prevent corruption and build integrity in public organizations, the Tanzanian government leadership has adopted a range of institutional and legal frameworks geared toward improving efficiency and effectiveness in the delivery of public service (Makubi & Issa, 2018). Among the reforms made since independence was the establishment of the Office of Permanent Commission of Inquiry (PCI) or Ombudsman in 1966 for checking the abuse of power by Government officials, as Gildenhuys (2004) annotates that the biggest problems in the public sector are corruption and other malpratices. Similarly, the government formed the Anti-Corruption Squad in 1975 followed by the enactment of the Economic Sabotage Act in 1983 for the purpose of preventing corruption and inequity as contended by Puiu (2015) that public servants must be managed to promote ethical values and avoid misconducts. Other reforms adopted by the government were the enactment of The Economic and Organized Crime Control Act of 1984; the enactment of The Leadership Code of Ethics Act No. 13 of 1995 for managing conducts of public leaders; and the formation of the Presidential Commission of Inquiry Against Corruption (The Warioba Commission) for carrying out a diagnostic study on why corruption has become endemic in Tanzania. Following the Warioba Commission Report, the incumbent Government (the 3rd Phase Government under the Late President Benjamin W. Mkapa) took some governance reforms and modernization to build public sector integrity including the development of the Code of Ethics and Conduct for Public Service of 1997; the development of the first National Anti-Corruption Strategy and Action Plan phase in 2001–2005; the enactment of the Prevention of Corruption Bureau Act, 2002; and the establishment of the Public Procurement Regulatory Authority (PPRA) in 2004. Currently, the Public Service Integrity Management Framework is composed of various legal and regulatory instruments including Laws, Policies, Regulations and Anti-Corruption and Ethics Promotion Institutions or Departments.

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The Public Service Integrity Management Framework The laws, policies and regulations governing the public service in Tanzania include The Public Service Act (2002) and its Regulations (2003), which provides guidance on the management of the public service including Terms and Conditions of Service and the Disciplinary Procedures on employees misconducts; The Prevention and Combating of Corruption Act, Cap No. 329 of 2007 for fighting corruption in public and private sectors; and The National Anti-Corruption Strategies and Action Plan Phase III (NACSAP III), which offers a National roadmap for the fight against corruption and promotion of integrity in the public and private sectors. Similarly, other national ethics governance laws and policies include the Public Procurement Act (2011), and its Regulations (2003), which provides principles of public procurement for the purpose of ensuring effective use of public funds (value for money); the National guideline on use of ICT systems of 2012, which among other things prohibits public servants from using personal e-mail like Gmail on official communication; and the Code of Ethics and Conducts for Public Service of 2005. The Code is a core instrument for integrity promotion in the public service as it provides ethical standards to be adhered to by all public servants in the course of providing service and on employees’ general conducts on- and offduty. The Code contains eight (8) core values: Pursuit of Excellence in Service, Loyalty, Diligence, Impartiality, Integrity, Accountability, Respect of Law and Proper use of Official information

As complement to the Code of Ethics and Conduct and the Leadership Code of Ethics Act, in 2015 the Tanzania Government introduced the called “Integrity Pledge” for Public Leaders and Public Servants. The integrity pledge is signed by all Public Leaders and Public Servants as a commitment to abide by ethical standards depicted in the Public Leaders Code and Public Service Code of Ethics and Conducts, respectively.

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 he Public Service Anti-corruption and Integrity T Promotion Bodies The Tanzania Public Service Anti-corruption and Integrity bodies encompass, among others, The Prevention and Combating of Corruption Bureau (PCCB), mandated for preventing and combating of corruption within the public and private sector; The Ethics Secretariat accountable for managing integrity and conducts of Public Leaders including verification of leaders’ assets and liabilities; The National Audit Office (NAO) responsible for ensuring economic, efficient and effective use of public resources by Government institutions (Public Audit Act No. 11 of 2008); The Public Procurement Regulatory Authority (PPRA) accountable for monitoring public procurement systems to ensure effective use of public fund; The Good Governance and Reform Department under the President’s Office responsible for monitoring implementation of the National Anti-­ corruption Strategy and Action Plan; and The Ethics division under the Ministry of President’s Office Public Service and Good Governance which is in charge of promoting public service integrity through enforcement of the Code of Ethics and Conduct for Public Services. Integrity and ethical conducts have been a challenge to Tanzania as has been in most places in the continent (Adefaso, 2018). Robust frameworks that exist in Tanzania, as indicated here, need effective implementation. Tanzania has been seen to be more recently improving its ethical conduct and integrity as a country. This is said to happen within an environment of increased pressure on public freedom (Anyimadu, 2016). Transparency International shows that Tanzania is ranked only second to Rwanda as the least corrupt nation in the East African region comprising six countries: Tanzania, Rwanda, Kenya, Uganda, Burundi and South Sudan (Transparency International 2021). While digital communication is expected to increase public freedom, restrictions on public freedom were more obvious in the last six years or so though the situation is changing with a new government in place.

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The Digital Technology, a Change Catalyst The digital technology has brought significant changes in all life aspects of the society, from the individual to the community level. The digital technology has led to globalization—a transformation of the world into a universal village whereby an event occurring at one point would quickly affect other points and the social relationships being affected by such events intensify worldwide (Schroeder, 2018). In so doing, the digital transformation has changed almost every field of the world including economy, politics, culture and science and technology (Yılmaz & Horzum, 2005). Also, the technology has impacted the structure and functioning of governments as a result of a change in state–citizen relationships, making public service administration more sensitive to the demands of the society and providing services with a new understanding of the public service (Biçer, 2009). Similarly, today, people spend most of their time in digital tools like computers, tablets, smartphones, and virtual spaces and other Internet-­ based tools. This has made people perform their works through the screen and circulate or communicate information through virtual environment. The workplace business information, relationships and even challenges are conveyed through Internet-based facilities (e-mails, Facebook, WhatsApp, Instagram, YouTube and other social networks) (Emina, 2020). In public administration, digital technology has brought changes in government functioning in the course of providing services to the public. Equally, Emina (2020) argues that the expansion of digital technology has changed ways of government communication; meanwhile, the conducts and behavior of public servants have equally changed, including social and Internet networking practices among employees within and or outside the government. This shift from traditional to Internet-based operations has raised a number of ethical issues that were not there before (Khan, 2015). The ethical issues and dilemmas on the rise as a result of technology include issues of confidentiality and privacy of government information, presentation of government information to the public, chatting on social media during working hours, habit and conducts of public officials in the social media and unrestricted social communications.

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Thus, digital technology has impacted every field of government, leading to radical changes in the functioning and management of public services; to that end, the conduct and behavior of public servants have correspondingly changed (Kagermann, 2015). Toward these changes, therefore, public servants should understand their positions and responsibilities for conducting themselves online, particularly on social media. According to Emina (2020), the public who benefits from government services expects public servants to behave within the framework of ethical standards and moral principles of honesty, integrity, transparency, accountability and fair management of public resources. Therefore, in managing public service integrity, digital technology can be used as a catalyst for change by creating new opportunities but also raises ethical concerns (challenges) that need to be addressed for improving the conduct and behaviors of public servants.

 pportunities and Challenges of the Digital O Era on Tanzania Public Service Integrity Management The Tanzania Public Service is undergoing a digital transformation for accelerating business, delivering services to citizens and enhancing transparency and accountability while lowering government costs of operation (Tanzania e-Government Strategy, 2013). This is meant to have a profound impact on the country’s social, economic and cultural aspects through the use of technology to enhance access to key government services. As part of the transformation, digital technology has made most of the Tanzanian government affairs public and visible in the public space. The visibility of government affairs is vividly through the presence of various Internet-aided platforms including the government portal https://www. tanzania.go.tz/ and websites and social media accounts owned by public institutions. The state of the government being open to the public as a result of digital technology provides opportunities and some challenges in terms of public service integrity management.

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 pportunities of the Digital Era on Tanzania Public O Service Integrity Management Digital technology has provided a number of benefits (opportunities) to the Tanzanian government in managing conducts and behaviors of public servants. Among others, the technology has increased public demand of accountability and responsibility by government officials whereby conducts of public official are now made public through several digital-aided forums, and in case of misconducts of a public official in delivering service, citizens through social media may influence or demand the government to hold to account such a public official. In case of transparency, the digital era has increased public access to integrity management legislations, policies and guidelines through government websites. For example, the legislations governing the integrity of public leaders are published on the Ethics Secretariat website, www.ethicssecretariat.go.tz. Similarly, the Code of Ethics and Conducts and other integrity guidelines for public servants are accessible online through the President’s Office Public Service Management website, www.utumishi. go.tz. Publication and easy access to integrity guidelines have increased public understanding and chances of holding public servants accountable as customers and the general public are aware of the standard of conducts expected from the public servants. On the other hand, digital technology has improved transparency in which some government officials held accountable for misconducts are made public through various digital-aided channels including televisions, radios and social media. Also, on transparency, digital technology has facilitated the provision of online government services that to a great extent has reduced physical contacts between public servants and customers as a source of misconducts including solicitation of bribes for services. Similarly, the digital platform (in particular the social networks) acts as a mirror and public voice against the behavior and conducts of public officials. For example, the conducts of public officials may be recorded and shared by citizens on public social media like Instagram, Facebook,

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Twitter or WhatsApp groups. In circumstances of wrong doings, Levine (2008) argues that citizens, particularly youths, would raise their voice to the government through social media to hold accountable such a public official. On the other hand, the government makes follow-up of public information raised through social media to assess its services and take appropriate action against misconducts of public servants in the delivery of services, as reported by the public through social media. In raising public awareness on ethics and integrity, the digital aided channels (televisions, radios, or social media and websites accounts created by the respective public organizations) are being used for discussing and sharing ethics and integrity information to raise public awareness on ethical matters related to public service or specific organization’s ethical values. Other improvements of digital technology (the Internet, television, radio and social media) have to include quick dissemination of information on ethics and integrity (Brown, 2009). For example, the Tanzanian government circulars related to integrity and other ethics documents are shared with public servants and the general public through digital aided channels including websites, the Internet or social networking sites. A good example is the recent Government Circular No.6 of 2020 on Dress Code. On the other hand, in case of accountability and disciplinary actions including dismissal, termination or resignation on public interest or revoking of appointment by public officials, the same is quickly circulated to different digital-aided channels to inform the public on the matter. Regarding intelligence gathering, the digital era has enabled the Tanzanian government in obtaining open-source intelligence information about the behaviors of government employees through the use of information posted on their public and private social network accounts (Facebook, Twitter, Instagram etc.). Accordingly, Appel (2014) argues that digital technology (Internet and social media) has greatly enabled open-source intelligence on misconducts and background screening (vetting) of government officials. Therefore, Tanzania public officials’ information posted on public and private social network accounts (Facebook, Twitter, Instagram etc.) are now providing useful information for the assessment of one’s individual behavior and conducts.

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 hallenges of the Digital Era on Tanzania Public C Service Integrity Management Apart from benefits (opportunities) brought about, digital technology has also posed some challenges on public service integrity management. Among the challenges associated with the digital era in Tanzania Public Service Integrity Management includes inappropriate disclosure of official information. The advancement of digital technology in Tanzania public service has placed government information at risk of being misused and irresponsibly shared to inappropriate individuals through either e-mails or social media (WhatsApp, Facebook, Twitter or Instagram). For example, one would surprisingly find government confidential information on social media. The same may be posted by a public servant knowing that it is unethical (according to the Tanzania Public Service Code of Ethics and Conduct) to share official information with inappropriate individuals as the conduct leads to leakage of government information. Therefore, despite digital technology, Amundsen (2009) argues that it is the duty of every public official to treat government documents with necessary confidentiality. The digital technology in Tanzania Public Service has posed some challenges to organization culture in which the technology has shaped values, beliefs and how public servants behave and interact with each other and with customers. For example, in traditional (manual) means of service delivery, perceptions and behaviors of customers and public servants could easily be assessed and managed, but in the recent digital interaction, it may be difficult to assess and monitor the behaviors, conducts and perceptions of both parties, thus making it difficult to manage integrity or conducts of public officials in a digitalized services delivery. In the case of official communication, the Tanzania National Guideline on Safe and Effective Use of Government ICT Systems of July 2012 prohibits public employees from using personal e-mail or WhatsApp groups as means of official communication. However, this poses a challenge

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since some public servants have limited access to official e-mails; therefore, they create and use personal e-mail ids for sharing and exchanging official information. On the other hand, employees have found that quick and easy official communication is through WhatsApp. Therefore, they create Units or Division WhatsApp groups for easy and quick communication between them. It is through these WhatsApp groups that they might share and exchange secret and confidential official information. All these pose a risk of sending official information to inappropriate individuals in case a personal e-mail or WhatsApp account is hacked or one’s mobile phone is stolen, lost or accessed by an inappropriate individual. Similarly, the Public Service Code of Ethics and Conduct of 2005 requires public servants to behave ethically on- and off-duty. However, the digital era has posed a challenge on how to manage public servants conducts in their personal social media accounts like Facebook, Twitter, Instagram and so on. Therefore, an employee may behave ethically on duty but unethically in social networks with a view that there is no close follow-up of his or her conducts. On the other hand, a public servant may express negative or inappropriate comments on government issues while in personal social account and it may be difficult to trace him or her; even when traced, it would be difficult to take measures due to inadequate moral guidelines on conducts of public servants in personal social media accounts. In case of addiction to social media or mental health, the emergence of digital technology in particular social networks has created addiction of some public servants to social media, whereby they spend most of their official time on social media irresponsibly without serving customers. They spend most of their official time commenting and chatting on social networks (Facebook, Twitter, WhatsApp, Instagram etc.). This, in turn, affects an organization’s reputation and reduces performance and productivity by public officials. Wang et al. (2016) contend that despite the benefits, social media on the negative side has gained a status of reducing work productivity and increasing disturbance.

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 he Future Needs for Public Service Integrity T Management in the Digital Era While embracing the opportunities of digital technology toward governance of public service integrity including increased accountability, transparency, quick dissemination of government information, the Tanzania Public Service is in contrast facing some integrity concerns or challenges associated with the digital technology. For example, digital technology has imprisoned some public servants with social media thus spending much of their official hours chatting, which in turn reduces productivity. The question remains, “how can the government effectively control such a habit?” While it might be virtually difficult to stop employees from using social media at the workplace, the Workplace Ethics Advice (2014) suggests that organizations or governments should establish strong guidelines founded on principles of integrity and good behavior, and develop an effective individual behavior monitoring system that includes sanctions on noncompliance. WhatsApp Challenge: A Small Case Staff of Mzumbe University, Dar es Salaam Campus College, a governmentowned institution in the United Republic of Tanzania created “official” WhatsApp group very recently on 08/12/2021. There is a WhatsApp group that has been there since 10/2/14 with the name MUDCC as an abbreviation of the campuses’ name. The new WhatsApp group was created following remarks and communications that were seen by some to be unpalatable and represented some altercations. A few left the group, and a new WhatsApp group with the name official was set up. Initially after the new group was created, the original MUDCC group remained silent and slowly started to get alive. Staffs were possibly worried about taking sides and whom they could cross. The antagonistic members found themselves together again. Because WhatsApp groups are not official and designating one official did not change much! Hilarious social information continue to be communicated. So official and social are more or less the same, with a few absent from one group. That is the challenge though the WhatsApp groups are improving communications and challenging to some affecting to some extent the organizational climate. There have to be many organizations facing similar or different but related challenges. Source: The author is a member of both MUDCC and official MUDCC Staff WhatsApp groups

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Another ethical challenge associated with digital technology is on “whether or not it is ethical to use personal e-mails or WhatsApp groups as a means of official communication”. While the National guideline of July 2012 on the use of ICT systems prohibits public servants from using personal e-mails or WhatsApp groups for official communication, in practice the same are frequently used by some government units or divisions. Therefore, it is suggested for the government to clearly analyze the demerits of using personal e-mails or WhatsApp groups as means of official communication. Similarly, effective ethics and governance policies are particularly needed to enhance the moral and ethical obligations of official information and communication. With regard to the concern on “how can the government take disciplinary actions against inappropriate conducts of public servants in their personal social media accounts and in open-public social networks”, it is similarly difficult to monitor conducts of every employee in his or her social media account, except building moral obligations through effective ethics policies and awareness that can help employees behave in a good manner on- and off-duty and even within their private social media accounts. However, extreme employee misconducts in personal social media accounts that attract public attention can be equally punished as Clark and Roberts (2010) argues that Joe Gordon was the first British blogger terminated from his employment due to rude comments about his supervisor on his personal blog. On the other hand, digital technology has pushed public organizations to create their official social network accounts (Twitter, Instagram or Facebook) for sharing information with the public, but how can the government secure its information from hackers since official social network accounts for public organizations are being managed while computers are connected to official Internet sites. In this aspect, organizations need to have effective ICT security systems, and employees are to be aware of the risks associated with the use of official computers in managing an organization’s social media accounts as hacking and misuse of the organization’s information may damage the reputation or cause financial loss to an organization. Correspondingly, digital technology has raised concerns on the confidentiality of government information in the Tanzania public sector. Some public servants are undermining this aspect of confidentiality leading to the

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leakage of official information through inappropriate sharing on social networks. With digital technology, there is a danger of some employees using social media as a tool for sharing feelings or information about their respective organizations either intentionally or out of knowledge. Therefore, according to Business Ethics Briefing (May, 2019), organizations can, apart from developing social media policy, take measures to protect confidential information and train employees on confidentiality in the social media. It is true that the Code of Ethics and Conduct for Tanzania Public Service provides guidelines on confidentiality; however, following the increased use of social networks and varied individual interests and political affiliations, effective measures are paramount to safeguard government information from inappropriate communication and usage. Generally, in order to address the emerging integrity issues associated with digital technology, there is a need for the government to re-think, re-assess and re-design public service ethics governance and integrity policies, regulations and guidelines to enable effective handling of integrity issues by public servants in this digital era. In particular, the public service needs a strong social media policy to address issues of social media syndrome, confidentiality and concerns on the use of WhatsApp or personal e-mails or refraining from hackers.

Conclusion Digital technology is increasingly playing a prominent role in shaping and regulating the conduct, performance and values of societies, organizations and individuals. However, governments around the world have to consistently pay attention to the effects of the digital era on ethics and integrity to enhance the performance of the public sector. This work focused on the management of Tanzanian public service integrity in the digital era by looking at the historical background of the Tanzania Public Service Integrity Management framework since independence in 1961; the digital era as a change catalyst, its opportunities, challenges and the future needs for improving Public Service Integrity Management. As a change catalyst, the digital era has impacted almost

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every field of the world, including economy, politics, culture, science and technology. As a matter of concern to the public service integrity in Tanzania, the digital era has brought both opportunities and challenges. Some of the opportunities include enhanced accountability, responsibility, transparency and quick dissemination of information; also the technology has enabled open-source intelligence. In case of challenges, the digital era has led to inappropriate disclosure of official information, change of organization culture, misuse of personal social media accounts by public servants and addiction to social media or mental health by public employees that need to be checked. While embracing the opportunities brought about by the digital technology toward management of public service integrity, the Tanzania Public Service still faces with some integrity challenges associated with the digital technology. Therefore, there is a need for re-assessing and re-­ designing public service integrity policies, regulations and guidelines to enable effective handling of integrity issues in public service.

References Adefaso, H. (2018). Corruption, political instability and development nexus in Africa: A call for sequential policies reforms. MPRA Paper No. 85277. Amundsen, I. (2009). Introduction to public sector ethics. Commissioned Report, Chr. Michelsen Institute. Anyimadu, A. (2016). Politics and development in Tanzania shifting the status quo. Chatham House. Appel, E. J. (2014). Cybervetting: Internet searches for vetting, investigations, and open-source intelligence. Crc Press. Biçer, İ. (2009). "Implementation of the ethics in public and private sector organizations, public ethics", Public Ethics Symposium Proceedings 2., 25 to 26 May, the Public Administration Institute for Turkey and the Middle East, Ankara, 689–698. Brown, R. (2009). Public relations and the social web: How to use social media and web 2.0 in communications. Kogan Page Publishers. Business Ethics Briefing. (2019, May). The ethical challenges and opportunities of social media use.

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6 Which Ethics for Building Public Service Ethics in Africa? Antoinette K. Kankindi

Introduction Unethical practices and corruption in the public sector in Africa have proved to be the greatest obstacle to development, subjecting citizens to oppression (Schenone & Gregg, 2003, p. i). Corruption has become the norm, unless individuals and groups who have a stake in abolishing it develop a capacity to counter it (Johnstone, 2014). The United Nations’ preamble of the Convention Against Corruption (2004) underlines the “seriousness of the problems and threats posed by corruption to the stability and security of societies, undermining the institutions and the values of democracy, ethical values and justice, and jeopardising sustainable development and the rule of law”. Measures against challenges to public service ethics have focused on a rule-based approach. Such an approach can prove to be sufficient in the

A. K. Kankindi (*) Strathmore University, Strathmore Law School, Nairobi, Kenya e-mail: [email protected] © The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 K. Ogunyemi et al. (eds.), Ethics and Accountable Governance in Africa’s Public Sector, Volume II, Palgrave Studies of Public Sector Management in Africa, https://doi.org/10.1007/978-3-031-04325-3_6

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sense that rules can be easily circumvented. Integrity must be internalised by individuals and socialised in organisations to ultimately create a culture of integrity in government. This chapter explores classical ethical lenses on public service ethical values as derived from the common good with two objectives: an exploration of classical ethical principles and a discussion of the pillars of integrity. The chapter starts by contextualising the problem, reviewing the legal framework, and presenting an overview of Africa’s five sub-regions. It does so by analysing principles of ethics addressing the concepts of morality and ethics; the relationship between ethical principles and public service values; and limitations of legislation and codes of ethics and of conduct in the light of ethical principles. In discussing pillars of integrity, the chapter attempts to demonstrate how ethical principles are translated into personal behaviour, through virtues required by an effective public service. It illustrates the relationship between ethics and public service processes through personal ethical behaviour. The chapter assumes that efforts to entrench ethical practices in public sector reforms have all originated from outside Africa, which makes their implementation a matter of mere compliance with requirements from foreign institutions. It also assumes that imposing ethical practices, multiplying regulations, codes, watchdog institutions and whistleblowing policies have produced little results. The case of ethical standards in the judiciary in Kenya is used to test both hypotheses. It was not possible to structure it as a normal case study for inaccessibility of primary data due to Covid restrictions as well as the scarcity of local literature on the same.

Context The context that led to promoting ethical standards in the African public services includes initiatives that originated from global policy institutions such as the United Nations’ department of economic and social affairs, as well as the Organisation for Economic Cooperation and Development (OECD), the legal frameworks derived from such and an overview of the picture these two perspectives have stamped upon African countries.

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Unethical practices in the public service can be summarised into two: indiscipline and corruption, according to Adeyinka (2014, p. 410), ranging from public funds embezzlement, gross negligence, outright laziness, bribery, abuse of authority, maladministration, nepotism to favouritism. Mafunisa (2000, p. 5) expands the list to include incompetence, lack of responsiveness to the common good of the people, sluggishness in carrying out duties, inefficiency, misuse of office, arbitrariness in decision making, theft, unethical disclosure of confidential information, fraud, and discrimination. According to Mwesiga (2011, p. 29), unethical practices have created “from Cape to Cairo, as much as from Lagos to Nairobi, various forms of political convulsions, all of which seem to converge around the demand for effective but legitimate order”. It starts from the highest levels of leadership in the civil service and trickles down to the lowest (Mafunisa, 2000, p.  7). The consequence is the loss of citizens’ confidence in the public service sector. Two conditions perpetuate the problem according to Franceschi (2021): loyalty to internal processes of the service, at the expense of outcomes for the public and a major resistance to change. Discussions around integrity in the public sector must be broad enough to include the entire public service, and not to be limited to some high-­ profile position of leadership in government. The sector relies on internal processes, internal rules, and regulations of particular departments, to reproduce moral norms instead of universal principles of accountability with the public, not just the internal hierarchy (Dowding, 1995, p. 88). The power public service officials hold is not theirs because it is bestowed on them by the representatives of the people. Allegiance of public servants exclusively to the internal hierarchy is a weakness because it creates new venues of corruption and resistance to change. Today’s Africa faces many paradoxes aggravated by corruption. Such paradoxes include but are not limited to advances in creating wealth, yet socio-economic disparities; speedy access to information, and so much ignorance on how to right the wrongs in society; strong discourse on human rights, yet abuses of the same by public service officials (Kankindi, 2017). To deal with unethical practices resulting from these disparities, the call for ethical standards and integrity has originated from global policy-making institutions, as it will be shown in the next section, mainly

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from the United Nations (UN) system, the World Bank (WB), and Transparency International (TI). The legal frameworks derived from global policies have been adopted in different parts of the continent.

Ethics Standards and Integrity from Global Institutions The UN and the WB from the year 2000 and TI in 2001 set ethics standards for public service globally. Their solutions informed ethics and integrity legal frameworks in Africa. The UN recognised that “the integrity of public service officials has a direct bearing, not only on their performance but also on the public perception of government credibility” (UN, 2000). The UN noted the decline of ethical standards in public life, the cost of corruption, its undermining the trust and confidence in public institutions, and its depleting of people and nations’ resources (UN, 2000). The UN proposed solutions can be summarised into four points (Bresser, 2000): State reforms introducing ethics in public service, measures on watchdogs and training facilitation, promotion of ethics initiatives, and review and improvement of legal frameworks for the public service ethics. United Nations Development Programme (UNDP, 2001) Bureau for Africa sought to assist African governments with policies and programmes for ethical conduct in public service. To substantiate that the initiative for the promotion of ethics and integrity originates from global policy-­ making institutions, for instance, OECD, mentioned at the beginning of the section on the context, devised an “Ethics infrastructure”. It was made up of components such as commitment to improve public service ethics, codes of conduct for public servants, as well as professional mechanisms providing public servants with ways of earning and adopting ethical norms. The “architecture” also provided for standards of conduct and public service values and ethics coordinating bodies, including agencies, watchdog entities created with the specific mission of fostering of public service ethics. The same “architecture” advocated for an effective legal framework defining basic standards of behaviour, enforcement systems of investigation and prosecution, and efficient accountability mechanisms

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to track the use of due process and results in terms of service to the people. Finally the “architecture” promoted an active civil society participation in reporting and helped citizens to act as watchdogs over the actions of public service players (OECD, 2000). TI (2001) on Codes of ethics and conduct as ways of infusing standards for ethical behaviour to foster good governance, targeting elected officials and civil servants (Whitton, 2001). Making Codes of Ethics and Conduct operatively effective must be reinforced by factors such as the training of public sector employees. Reinforcing the same approach, WB (2005) still made the case for Codes of Ethics and Conduct, claiming their usefulness for growth and development (Gilman, 2005). It is safe to say that these international organisations valued ethics for better governance. In that sense, OECD (2017) suggested that integrity is essential for building strong institutions, assuring citizens of government’s work for them. Integrity is a moral issue and also an economic matter by making societies and economies more efficient and inclusive. It restores trust in institutions of public scope. As demonstrated from the above considerations, entrenching ethics and integrity in the public service emanated from international policy-­ making institutions with the following guidelines: nations must adopt ethics and integrity laws for public service; the public service officials must be ruled by Codes of Ethics and Codes of Conduct; nations must adopt ethics programmes as mechanisms of fighting corruption; and finally the private sector and civil society be given a participating role in holding the public service transparent and accountable. Global powers, that is the UN and its organisms such as UNDP and OECD, and the WB and TI, created ethical standards and pushed national public administrations to implement them and build integrity systems. The problem is the absence of local initiatives from Africa. Hence, the control of implementation of the same remains in the hands of the UN and its organisms including UNDP and OECD, for instance, the “ad hoc global rules and standards established by ultra-state systems” (D’Alterio, 2018, p. 1015).

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Legal Frameworks Shaped by Global Policy Global ethics regulations are directed to national governments to help prevent unethical practices and illegality in country public systems. They have to be endorsed in country legal frameworks. Every African country has some form of ethics and integrity legislation (Huther & Shah, 2000). The UN, UNDP, OECD, WB, and TI are all global policy-making institutions that have made themselves ethics and integrity regulators (Mendes, 2012, p. 988). National systems built their ethics systems in compliance with global regulatory bodies’ aims. Public service ethics respond to global requirements rather than a “home-grown” determination to entrench integrity in people and institutions. Compliance goes with legalism and fear of repression. The more comprehensive national legal frameworks are in capturing all tools and requirements such as the same Codes of Ethics and Conducts, from the “global regulators”, the more the number of laws and regulations, and more bureaucratic entities such as the anti-corruption commissions, public service commissions, and ethics and integrity organisations. However, the multiplication of statutory provisions has not improved public service ethics in Africa (D’Alterio, 2014).

Deficit of Ethics in Africa’s Regions The common urgent need to make the public service functional and efficient with clear accountability made African countries embrace the anti-­ corruption movement promoted by global policies. Yoder & Cooper (2013, p. 301) suggest that international policymakers included Africa because it was more effective to make global and regional efforts rather than individual countries’ ability to implement ethical standards. Africa’s regions adopted anti-corruption protocols borrowing from UN and OECD, ushering in the era of ethics codes and codes of conduct in the public service. The Economic Community of West African States (ECOWAS) and the Southern African Development Community (SADC) adopted their protocols for the fight against corruption in 2001. The African Union

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(AU) Convention on preventing and combating corruption and related offences was adopted in 2003. The East African Community (EAC) is still drafting its anti-corruption protocol. The International Conference on the Great Lakes Region (ICGLR), a regional institution comprising 12 countries, has no policy to fight against unethical practices yet. In Northern Africa, individual countries such as Algeria have adopted an anti-corruption legislation (2006). In 2011, the AU drafted the Charter for the Public Service which declares that ethics constitutes “the standards that guide the behaviour and actions of the personnel in public institutions” (AU, 2011, article 22). The impact of these documents can hardly be noticed: the deficit of ethics in the public service is glaring. Yoder & Cooper (2013, p. 301) state that African countries resist public service ethics because of the rich natural resources in each country on the continent. They argue that even foreign powers investing in Africa tend to pour “foreign aid” while not overly concerning themselves with standards of transparency and accountability (Yoder & Cooper, 2013, p. 302). However, no significant change is noted in the public service (Omotoso F. 2014, p. 129). The problem is a failure to diagnose the factors perpetuating malpractice. Johnston (2014, p.3) explains that unethical practices and corruption “like the societies in which they occur, come in contrasting forms, confronting us with different challenges”. Strategies devised by global powers might work somewhere but fail to be the solution elsewhere. Where people’s development is poor, corruption can be worse and no “one size fit-all” strategy can be uniformly applied. Where development is even, the level of democracy may offer better chances for the implementation of ethical standards in public service. Johnson’s (2014) syndromes of corruption demonstrate why public service ethics is still a challenge. “Influence markets” is a syndrome common in countries with strong institutions, by which wealthy private interests can hold sway over public service officials by bribing them directly or through political players “selling” their access and networks. The “elite cartels” syndrome, common in countries with moderately strong state institutions, sees colluding elites from the political sphere, civil service, business, and military. They keep cohesive networks by sharing corrupt advantages to fend off any possible competition. “Oligarchs

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and clans” form the third syndrome of corruption. It prospers in countries with weak state institutions and widespread insecurity, in which a limited number of disputable elites, backed by personal and family support, are focused on seizing power and increasing their own wealth: they use heavy bribes, connections and, if need be, violence. There is a deliberate confusion between what is private and what is public and around loyalties. The “official moguls” syndrome prospers in undemocratic contexts, where individuals and smaller groups of powerful people use state power and their own to amass wealth with impunity. The syndromes of corruption demonstrate why ethics and integrity efforts in Africa’s regions have had such few results. Each region combines all four syndromes depending on a variety of incentives and constituencies (Johnston, p. 243). In Tunisia, incentives for corruption in public service are not just about economic benefits. It is a nationwide system of “extractive governance”, which goes with human rights abuses and dangerous insecurity for citizens (Acemoglu & Robinson, 2012). In Egypt, there is “the Egyptian Republic of generals” due to the number of businesses owned by either military institutions or some highest officers in the army (Abul-Magd, 2012). Where the arms of government violate the constitution weakening one another, public officials “can get away with any act of misconduct” (Oyeshile, 2011, p. 198). In South Africa, Raga and Taylor (2005) found that ethics codes of conduct and the promulgation of a number of pieces of legislation would not thwart unethical behaviour unless the public and public officials are inculcated with particular dispositions, attitudes, and virtues to change behaviour. Regulations derived from globally generated policies cannot solve the challenges of public service ethics where there is no culture of integrity in the public and in the public service.

Principles of Public Service and Principles of Ethics Principles and values of public service must be examined in the light of classical principles of ethics. Classical means ethical principles that speak to ethical solutions in any given circumstance because of their universality. The ethical standards in public service from global powers, while

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good, have not eliminated unethical practices. And since unethical practices are deep moral problems, their solutions must be found in the moral terrain, that is the realm of what is the right thing to do and the wrong thing to avoid. Change cannot happen unless there is a commitment to respect the moral foundation of the society, and consequently the public service (Ratzinger, 2006, p. 39). Public service responds to the necessity of the common good. The human rights that are the content of the common good have to be defended, protected: this is the duty of the public service, and they constitute what is called public values. De Vries and Kim (2011) define public service values as “those values that provide normative consensus about rights, benefits and prerogatives of citizens; obligations of citizens towards their fellow citizens, the society and the state; the principles upon which governments and policies must be based”. Public officials are custodians of public trust and these public goods. Theirs is a moral duty. The processes of public service involve moral responsibility, which calls for a shift in the discourse on ethical principles beyond professional ethics, to include personal ethics (Amundsen & Pinto, 2009). More so because officials’ discretionary power goes beyond deontological limits. One of the problems of public service ethics is the incoherence between the knowledge of ethical principles and actual behaviour (Gilman & Lewis, 1996). Where incoherence is present, officials do not act according to their moral obligation.

 thical Principles, Law, and Building E Up Institutional Integrity Ethical principles are moral principles in that they prescribe the right thing to do, and the wrong thing to avoid, according to man’s individual and social nature. They cannot be understood in the same way as simple physical principles, like the law of movement, because of “the dynamism of human decision and action, in collective actions, in institutions, in customs and traditions” (Inciarte, 2001, p.99). The principles that distinguish the right thing to do and the wrong thing to avoid are natural. This means that they are inscribed in the human being’s essence, which is rationality, hence their reference to a conception of natural law.

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Morality is understood from the analysis of man’s actions and their purpose. Choice is about the right means to achieve the right purpose. Good persons achieve good purposes. Being good is a result of habits acquired by the person, their education, and the norms of the community. The educative role of society can be seen with regard to morality because the community can educate habits of good choice or “dis-­ educate” with bad habits. Philosophers like Socrates, Plato, and Aristotle applaud any polity that cares for the education of its citizens because, instead of letting them do as they wish, it helps them do what is right. The goodness of laws promulgated by a State is evaluated according to the public good they foster and their ability to motivate citizens to comply with them. The essence of the law is to be the means by which ethical principles can be enforced. Problems appear when the purpose of the laws is identified with the political purpose of gaining power for its sake, which means the control over the people it gives. The power of the State tends to become the supreme norm of morality to be observed by all means, perpetuating unethical practices and corruption in the public service. No number of laws, codes, and regulations can overcome corruption instigated by politics: the case of dictatorial powers in several African countries have shown this. For Inciarte (2001, p.99), the deviation introduced in this way shows why all attempts to increase virtue and happiness through the State have had the opposite results. More suffering and the weakening of the moral resources of the individual and the weakening of institutions ensue. Moral norms of personal behaviour constitute an act of personal responsibility. Only a person who has a proper vision of the right thing to do, and the right means to use to achieve it, can claim to formulate, interpret, and implement rules for others and for society (Kankindi, 2015, p. 5). Such a person would be called a responsible person and is likely to exercise, in decision making, the virtues of justice, prudence, self-control, and fortitude. Hence this person can be called a virtuous citizen, a virtuous leader, or a virtuous public service official. Only such a person would be disposed to act according to all the virtues modern codes of ethics stipulate, for instance, the seven principles of public life: selflessness, integrity, objectivity, accountability, openness, honesty, and leadership (Gilman, 2005, p.15).

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 thics and Integrity Legal Frameworks, Codes of Ethics, E and Their Limits Ethics is not detailed like a recipe book because the human being decides freely to be compelled, or not, by moral principles. Ethics is the knowledge of moral principles applied to decisions and actions. Knowledge that cannot be translated into life tends to result in a double life, double standards, or double speak. This is what happens when highly educated people are also highly corrupt. No laws can convince them to act otherwise. They violate laws easily and are comfortable with impunity. The point being made here is unethical practices in public service are not a consequence of ignorance, since civil servants are trained people. It can also explain, in a certain way, why ethics and integrity frameworks seem to face limitations when it comes to their implementation. Ethics and integrity legal frameworks and the ethics codes of conduct are limited in two ways. They rely on fragmented ethics such as the ambiguous utilitarian system of ethics and the deontological system of ethics. The former shifts morality from being intrinsic to being external (Chalmeta, 2011, p. 178). As a guiding principle, the utilitarian system can justify as morally appropriate things that are clearly immoral; for instance, punishing an innocent person or marginalising a minority that is not part of the greatest number. Deontological ethics of the Kantian type hinges on self-regulation based on the fact that man’s reason and will are considered to be totally autonomous and hence, are sources of norms of morality. The personal will is law itself (Fernandez & Soto, 2004, p. 290). Duties and guiding norms are self-referential to the agent. This is why deontological ethics admit conflict of duties, with no consideration of what is good outside the agent. Ethical principles are viewed as limiting the agent’s absolute will. Making the case for responsibility and accountability in the system builds towards self-referential rights and interests (Fernandez & Soto, p. 291). The two systems examined have fragmented substantive ethics, giving priority to technicalities and procedures. Their influence is behind the conceptual basis of the global ethical standards. There is no home-grown

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literature for ethics architecture promoted in the public sector on the continent. If foreign-inspired initiatives have failed, where else should pillars of integrity be found?

Pillars of a Culture of Integrity The main pillars of a culture of integrity are personal and civic responsibility. Personal responsibility means to act with integrity and the ability to respond to one’s actions for one’s good and the good of the community. Civic responsibility entails constancy in personal willingness to comply with our duties as members of the community and the nation. It is such levels of integrity that build personal and institutional habits of accounting for common interests. Virtues form personal and institutional integrity since institutions are made of persons and the habits they form build institutional culture. The nature of the power public officials hold puts upon them the moral obligation of acting with integrity (Heath, 2014). Integrity failures have condemned communities to chronic injustice, and public institutions to chronic dysfunction (Busia, 2011, p. 175). This chapter makes a case for virtues as the right way of building integrity. Virtues might sometimes sound mysterious, but they are, in simple terms, good habits that structure positive relationships at the heart of any community and working context. In fact, the purpose of public service is underpinned by a virtue called justice or social justice, as some would call it. Because of its intrinsic connection to the interest of the public. From a negative perspective, the argument is that, since corruption is a grave injustice, it should be countered by justice, social justice in the true sense (Grabill et al., 2002, p. 78). The system of ethics based upon human habits called virtues believes in their ability to shape the moral character of the person. Ubuntu, as a worldview, is also characterised by virtues such as solidarity, reconciliation, harmony, justice, and compassion. The emphasis is put on individual character rather than on the acts themselves and the rules (deontology); or on the utility sought or on the consequences of actions (utilitarianism). Both deontologism and utilitarianism separate ethics from morality, and virtues from norms, as well as the focus on procedures and

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legalism. The separation poses two different questions: the good life of citizens in their polity, which constitute a priority for the proponent of virtue ethics; and matters of justice in the political community, which are the priority for the liberal discourse (Gonzalez, 2006, p. 33). The former finds answers through substantive reason. The latter find them in procedural rationality, which substitutes for practical reason. Procedural rationality allows morality to be emancipated from ethics, making modern systems of ethics systems of formalities. Ethics codes of conduct belong to this category of procedural rationality, which explains why there is such little commitment to comply with them. Discrepancies brought about by utilitarian ethics and deontology ethics demonstrate that it is not possible to have one and the same procedure to solve ethical challenges. “There are challenges that can be mitigated only by virtues; but also there are virtues that can be developed only in the context of challenges” (Gonzalez, p. 34). This statement, applied to the challenges of public service ethics, means that virtue ethics does not cancel unethical practices or corruption. It tackles them in a virtuous manner, which means that it is virtuous behaviour that can cancel out vicious behaviour. From virtues one can contrast what is just against what is unjust; what is prudent and what is imprudent; what is personal interest and what belongs to the common good of the people; what is useful and what is harmful. Virtues are natural dispositions towards the realisation of what is right and good. In this sense, some people are naturally orderly, others cheerful. When there is no guidance of reason, even natural virtue can be totally deformed. It would be the case of a naturally generous person, who does not rationally assess the circumstances around him and could steal to give or could be wasteful, contradicting his natural virtue (Aristotle, NE, IV). The process of being human demonstrates how human character is improved by virtue or made worse by vice. Codes of ethics allow institutions to instil virtue. Where there is little effort to cultivate good habits, the opposite happens because human nature has only those two alternatives, which are the right thing to do and the wrong thing to avoid. In other words, the natural disposition in the human being is to do the right thing. When human abilities are used

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for wrong purposes, then corruption will set in as integrity will have been compromised. Virtue ethics shows that integrity starts from the personal responsibility. Only people of integrity build a culture of integrity in society and in institutions. Change of culture must follow the same order in an organisation, community, or country. Virtue ethics assumes morality, but according to Gonzalez (2006, p. 166), “avoiding too much emphasis on normative processes, to focus on its practical character”. Applied to public service ethics, virtue ethics would yield better results than mere compliance with its tendency for short-cuts and corner-cutting. The case for virtue ethics, chosen because it is universal in its meaning and manifestations in different cultures, attempts to demonstrate the moral foundation lacking in modern approaches to promote ethical standards law and in the public service. The absence of such foundation explains the weakness of legal frameworks; ethics codes of conduct and watchdog institutions are convincing but only on paper. A brief examination of Kenya’s efforts to promote ethics in the judicial sector can illustrate the inefficiency of ethical standards promoted by global policymakers.

Ethics in the Judicial Sector in Kenya The choice of Kenya and its attempt at implementing ethics in the judicial sector is motivated by two reasons. The first reason is that Kenya has one of the almost suitable ethics and integrity legislations (Okiri et al., 2019), since it follows the standards set internationally. The second is that the country has vested upon the judicial system a major role in overcoming public service ethics challenges. Covid restrictions prevented the possibility of collecting primary data that would demonstrate how integrity statutes are being implemented at the national and devolved levels.

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Legislation Kenya has complied with global powers’ ethics standards judging by its legal framework. The Constitution (2010) includes a chapter (6) on Leadership and Integrity; Article 10 on national values and principles of public governance, and Article 232 on principles informing public service. The country has an Anti-corruption and Economic Crimes Act (ACECA); a Public Officer Ethics Act enacted in 2003, amended in 2015; the Public Appointments Act (2011); the Ethics and Anti-­ Corruption Act (2011); the Public Procurement and Disposal Act (2015); Leadership and Integrity Act, 2015; the Bribery Act (2016); and the Judicial Code of Conduct (2017). Kenya is in good stead towards a more promising democratic and developed future with its ethics statutes (Kempe Sr., 2015). The judicial system plays a unique role in upholding the social order, preventing and mitigating crime, including those by public service officials, hence the need for its own ethics code. Its preparation was supported International Development Law Organisation (IDLO, 2017). Again, we have the intervention of a global policy influencer. “The Code sets out to govern the comportment of the judiciary, in terms of integrity, impartiality and professional independence, and aims to boost public confidence in the justice system. Every judge, judicial officer and member of staff of the judiciary will be required to sign and subscribe to it” IDLO (2017). The code is complete and provides for avoidance of conflicts of interest, bribes, potential undue enrichment, and sexual harassment. Has the ethics code for the judiciary worked in curbing corruption?

The Judicial Code of Ethics The outcomes of the attempted ethical reforms, in one sector of the public service that is the judiciary are ambiguous according to M’Mugambi D. et al. (2020, p. 84). He attributes the ambiguity to factors such as the history of public institutions in the country, the administrative challenges, the divergent philosophies, the level of development and culture of a given community. Jurisprudence shows that there are still too many

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constraints in the system, rendering the code inoperative so far. Kenyan courts have found difficulties in adjudicating corruption cases because of the complex nature of corruption (Okiri et al., 2019). The complexity is neither in the law itself nor lack of it; it lies in the fluid nature of corruption as a vice. The corruption as was in 2003 is not the corruption in 2017, and between 2017 and 2021, it has become worse. Corruption changes with technology; it changes with a change in governments. What could possibly equip judges and judicial officials with sufficient ethical clout to resist the corrupt influence on the system and, more importantly, fight it? The conclusion is that grounding in moral courage and responsibility is necessary. It is not enough to have laws and codes.

Recommendations This chapter’s assumed hypothesis that imposing ethical standards by multiplying ad hoc legislation, regulations, codes, and watchdog agencies has produced little results. Recommendations about what could work better are formulated in the following points: 1) The universalism of globalist policies is dangerous: African thinkers are encouraged to rethink and make a paradigm shift to build locally researched ethical standards that speak to the kind of common good African peoples need. 2) Since the problem of rules is a problem of the legitimacy of the rule maker, Africa must emancipate itself from ethics standard policies made for her by global powers. 3) Emancipation is possible through the acquisition of moral knowledge to drive a culture of integrity through virtuous citizenship for Africa to give itself a chance at a virtuous leadership in the public and private sectors. 4) Moral knowledge includes an integrated ethics training and new approaches to civic education targeting the pre-service and in-service for public service officials, with specific outcomes for concrete constituencies.

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Conclusion Unethical practices are perpetuated in the way that corrupt agents cover for each other or blackmail each other. A corrupt system is costly economically, socially, and politically. The extensive influence of governments in every sphere of society through the public service gives corrupt agents so much power to abuse their position. Global ethical standards are powerless before public service ethics challenges. Their theoretical foundation in utilitarianism and deontologism render them inefficient. Championed by global powers rather than channelled through locally inspired culture-changing practices predisposes them to fail. All these factors make globally inspired systems of ethics fruitless. This chapter proposes the option of virtue ethics personally, in society and in institutions. For this solution to succeed, there is a need to embrace moral principles through innovative ethics and civic education to change public service culture from personal and societal fronts.

Summary with Key Messages Utilitarian and deontological approaches to overcoming public service ethics challenges have failed because they divorced ethics from morality, as demonstrated in the discussion on these theories. They cannot uphold public service values, which are moral in nature in the sense that the actions of public servants, at work, are of a rational nature. That is why public service in Africa does not achieve the common good of the people. Global powers’ inspired ethical standards fail because they cannot be “hardwired” in the personal behaviour of the public servants and embedded into the systems and procedures. This chapter attempted to demonstrate why building a culture of integrity requires more than increasing the number of statutes and regulations, watchdog institutions, or codes of ethics, however important they are. The key message is to promote personal responsibility and virtuous behaviour, from a universal perspective, as the most important pillar of a culture of integrity.

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References Abul-Magd, Z, ForeignPolicy.com, The Egyptian republic of retired generals, (2012, May 8), Retrieved June 20, 2021 from http://mideeast.foreignpolicy. com/posts/2012/05/08/the_egyptian_republic_of_retired_generals Acemoglu, D., & Robinson, J. A. (2012). Why Nations Fail. Random Publishing House/Crown Business. Adeyinka, A. O. (2014). Ethical issues in public service. International Journal of Social Sciences and Humanities, 4(5), 410–412. https://doi.org/10.7763/ IJSSH.2014.V4.388 Amundsen, I., & Pinto, V. A. (2009). Public sector ethics: Compendium for teaching at the catholic university of Angola. Michelsen Institute, Luanda. Bresser, P. L. C. (2000). Higher Service’s Ethics. In UN Report (2000). Promoting Ethics in the Public Service. New York. Busia, A. (2011). Towards a different kind of freedom. In A. Gonzalez, L. F. DeRose, & F. Oloo (Eds.), Frontiers of Globalisation. Kinship and family structures in Africa. Africa World Press, New Jersey. Chalmeta, G. (2011). Social ethics: Family, profession and citizenship. Eunsa, Pamplona. D’Alterio, E. (2018). Integrity of the public sector and controls: A new challenge for global administrative law? I-CON, 15(4), 1013–1038. https://doi. org/10.1093/icon/mox077 D’Alterio E. (2014). Global integrity: National administrations versus Global regimes. In Auby J. B, Bree E., & Perroud T. Eds (2014). Corruption and conflicts of interest. A comparative law approach. Retrieved on June 21, 2021 from https://www.amazon.com/Corruption-­Conflicts-­Interest-­ Comparative-­Approach/dp/1781009341 De Vries, M. S., & Kim, P. S. (2011). Value and virtue in public service administration: A comparative perspective. Palgrave, New York. Retrieved on June 21, 2021 from https://books.google.co.ke/books?id=_-­La8knKEPwC&printsec =frontcover#v=onepage&q&f=false Dowding, K. (1995). The Civil service. Routledge. Fernandez, J.  L., & Soto, M. (2004). The history of modern philosophy. Eunsa, Pamplona. Gonzalez, A. M. (2006). Keys to understanding natural law. Rialp. Gilman, S. C. (2005). Ethics Codes and Codes of Conduct as tools for promoting an ethical and professional public service: Comparative successes and lessons. The World Bank.

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Gilman, S. C., & Lewis, C. W. (1996). Public service ethics: A global dialogue. Public Administration Review, 56(6), 517–524. Grabill, S. J., Schmiesing, K. E., & Zuniga, G. (2002). Doing justice to justice: Competing frameworks of interpretation in Ethics. Acton Institute. Huther J. & Shah A. (2000). Anti-corruption policies and programs: A framework for evaluation. World Bank’s Policy Research Working Paper. Retrieved on June 18, 2021 from Inciarte, F. (2001). Liberalism and Republicanism: essays on political philosophy. Eunsa, Pamplona. Johnston, M. (2014). Corruption, contention and reform: The power of deep democratization. Cambridge University Press. Kankindi, A. (2015). Philosophical foundation of codes of ethics. Working paper contributed to the Development of a Judicial Code of ethics for Kenya. (Unpublished) Kankindi, A. (2017). Slaying the Monster. Retrieved on June 17, 2021 from The Elephant https://www.theelephant.info/features/2017/03/10/corruption-­ slaying-­the-­monster/ Kempe, R. H., Sr. (2015). Bringing in the future in Kenya: beyond the 2010 Constitution. Insight Africa, 7(2), 91–107. Mafunisa, M. J. (2000). Public service ethics. Juta, Thohoyandu. Mendes, J. (2012). EU law and global regulatory regimes: Hollowing out procedural standards. International Journal of Constitutional Law, 10, 988–997. M’Mugambi, D. K., Okeyo, W., & Muthoka, M. (2020). Public sector reforms in compliance with the public service ethics: the case of county governments in Kenya. African Journal of Emerging Issues, 2(9), 76–98. OECD. (2017). Integrity Review of Mexico: Taking a stronger stance against corruption. Chapter 3 on cultivating a culture of Integrity: Instilling integrity values and managing conflict of interest. Okiri, F. O., Waithera, L. N., & Wandayi, J. O. (2019). Strengthening Integrity & Preventing Corruption in the Judiciary in Kenya. Beijing Law Review, 10(1), 131–152. https://doi.org/10.4236/blr.2019.101008 Oyeshile, O. A. (2011). Ethics and public administration: between the public good and the individual interest in the Nigerian public service. Retrieved on June 17, 2021 from https://www.researchgate.net/publications/280612166 Ratzinger, J. (2006). Truth, values and power: Touchstones of a pluralistic society. Verlag. Fribourg. Raga, K., & Taylor D. (2005). Impact of accountability and Ethics on public service delivery: a South African perspective. Conference paper presented at the

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66th Annual American Society for the Public Administration. Milwaukee, Wisconsin. Schenone, O., & Gregg, S. (2003). A Theory of Corruption. Acton Institute, Michigan. United Nations. (2000). Department of Economic and Social Affairs Division for Public Economics and Public Administration. Promoting Ethics in the Public service. Whitton, H. (2001). Implementing effective ethics standards in government and the civil service. Transparency International. Yoder, D. E., & Cooper, T. L. (2013). Public service ethics in Africa: Renewed hope for an integrated ethics framework. In H. G. Frederickson & R. K. Ghere (Eds.), Ethics in public management. Sharpe.

7 Imperatives of Anti-corruption Initiatives in Enhancing Public Service Delivery in Africa Ngozi Okpara and Abubakar Mamman-Muhammad

Introduction The etymology of service delivery in Africa’s public administration is demarcated along two explicit landscapes. First, African society systems are not designed along competing interests rooted in their various economic production processes. The societies have remained agrarian by nature and never transited through any revolution (agrarian or industrial); as such, African societies have not been able to replicate the social stratification like what is found in countries that are economically developed. Secondly, the objective of public administration is a foreign abstraction to African societies. Without administrative control of its local economies, the African landscape has been mostly shaped by impulsive political battles over tenements and privileges among allied groups for

N. Okpara (*) • A. Mamman-Muhammad School of Media and Communication (SMC), Pan-Atlantic University, Ibeju-Lekki, Lagos, Nigeria e-mail: [email protected]; [email protected] © The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 K. Ogunyemi et al. (eds.), Ethics and Accountable Governance in Africa’s Public Sector, Volume II, Palgrave Studies of Public Sector Management in Africa, https://doi.org/10.1007/978-3-031-04325-3_7

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consumption rather than productive purposes (Austin, 2010). Although this is a common feature of African Public Administration, it is not unconnected to its various colonial legacies. These legacies include the various legal systems, the common law tradition (British), and the Napoleonic civil law apparatus (Oto-Peralías & Romero-Ávila, 2020). Moreover, the post-independence anti-corruption initiatives in Africa remain heavily influenced by its colonial lineages, and this has hampered seamless cooperation among the African states. Yet, the post-­independence African Public Administrative systems have remained diverse and represent both its successes and failures (Hyden, 2013). It is important to note that colonialism contributed to the continued plundering of Africa while stifling key economic developments (Austin, 2010; Ocheni & Nwnakwo, 2012). The colonial heritage left behind a negative vestige with dire consequences for Africa today, especially from the lens of contemporary globalization (Heldring & Robinson, 2013). Across Africa, many countries have conceived, designed, and developed anti-corruption initiatives to improve public administration and increase public trust. Although some of these initiatives are yet to be consolidated, some have become models for other countries to emulate. Kotuwa (2005) reviewed the extent to which eight African countries (Algeria, Ethiopia, Ghana, Kenya, Nigeria, Senegal, South Africa, and Uganda) complied with their various anti-corruption initiatives. These countries were chosen based on their regional representation and the commitments of their various heads of governments, declarations, and treaties signed in combatting corruption. Kotuwa noted that despite the pervasiveness of corruption in Africa’s public administration, the declarations and treaties fell short of defining corruption as a negative social phenomenon but rather as an ‘act’. Hitherto, Article 4, pages 7–8, of the African Union (AU) Convention on Combating Corruption and Related Offences defined ‘acts’ of corruption as either: a. The solicitation or acceptance, directly or indirectly, by a public official or any other person, of any goods of monetary value, or other benefits, such as a gift, favour, promise, or advantage for himself or

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herself or for another person or entity, in exchange for any act or omission in the performance of his or her public functions. b. The offering or granting, directly or indirectly, to a public official or any other person, of any goods of monetary value, or other benefits, such as a gift, favour, promise or advantage for himself or herself or for another person or entity, in exchange for any act or omission in the performance of his or her public functions. c. Any act or omission in the discharge of his or her duties by a public official or any other person for the purpose of illicitly obtaining benefits for himself or herself or for a third party. d. The diversion by a public official or any other person, for purposes unrelated to those for which they were intended, for his or her own benefit or that of a third party of any property belonging to the state or its agencies, to an independent agency, or to an individual, that such official has received by virtue of his or her position. e. The offering or giving, promising, solicitation or acceptance, directly or indirectly, of any undue advantage to or by any person who directs or works for, in any capacity, a private sector entity for himself or herself or for anyone else, for him or her to act, or refrain from acting, in breach of his or her duties. f. The offering, giving, solicitation or acceptance directly or indirectly, or promising of any undue advantage to or by any person who asserts or confirms that he or she is able to exert any improper influence over the decision making of any person performing functions in the public or private sector in consideration thereof, whether the undue advantage is for himself or for anyone else, as well as the request, receipt or the acceptance of the offer or the promise of such an advantage, in consideration of that influence, whether or not the influence is exerted or whether or not the supposed influence leads to the intended result. g. The significant increase in the assets of a public official or any other person that he or she cannot reasonably explain. h. The use or concealment of proceeds derived from any of the acts referred to in this article, and i. Participation as a principal, co-principal, agent, instigator, accomplice after the fact, or in any other manner in the commission or attempted

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commission of, in any collaboration or conspiracy to commit any of the acts referred to in this article. Kotuwa (2005) noted that while it is important to discuss the acts of corruption, it is also imperative for social scientists to define and put into proper perspective what good governance or what a model public administration should look like. Hence, the adoption of the UN’s Commission on Human Rights resolution 2000/64 identified eight criteria for good governance criteria hinged on participation, rule of law, transparency, responsiveness, consensus, equity and inclusiveness, effectiveness and efficiency, and accountability. Accordingly, these characteristics of good governance or model public administration support our evaluation of corruption and help us to assess what the countries under review have achieved or have failed to implement.

Theoretical Framework Corruption is a complex phenomenon and no one theory explains it all. This chapter looks at the following theories in a subtle attempt to explain the gravity of corruption and identify motivating factors and the role of institutions in the entire process.

Collective Action Theory In recent times the collective action theory has been used to explain the systematic corruption in public administration and why different anti-­ corruption initiatives have failed in many countries. The theory took a step further from the principal-agent theory by highlighting key factors in a relationship such as trust and how individuals perceive the behaviour of others. Persson et al. (2019) inferred that systemic corruption is a collective problem, where people rationalize their unethical actions on the assumption of what others will do in the same situation. The danger here lies in categorizing corruption as a social norm, which encourages people to accept it as a way of doing things. Although people are aware of its

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negative consequences, the principle of exclusivity does not apply as people find it difficult to justify a lone position in a corrupt system. Thus, the collection action theory proposes a coordinated approach and proactive alliances usually termed as ‘collective action’ initiatives designed to address institutional corruption.

Institutional Theory Institutional theory—also known as institutionalism—relies on the institutional characteristics of states and governments where there are pre-­ existing laws, anti-corruption norms, and participatory anti-corruption initiatives drawn from independent institutions. Institutional theory also examines the processes and mechanisms by which structures, schemas, rules, and routines become established as authoritative guidelines for social behaviour (Scott, 2004) cited in the Doha Declaration (2019). The theory also provides a taxonomy for understanding how corruption is institutionalized irrespective of institutional initiatives in place. Institutional theorists posit that corruption is a direct reflection of the character, while it acknowledges that the relationship between corruption, institutions, political systems, culture, and gender remains overly complex.

Various Anti-corruption Initiatives in Africa In the last two decades, many African countries embarked on wide-­ ranging public administrative reforms aimed at strengthening institutional accountability and stemming corruption (Ayee, 2005). Although there are multiple and novel initiatives to combating the corruption menace, this chapter has categorized them into two major initiatives, namely: a. Adoption of anti-corruption legislative measures b. Establishment and strengthening of anti-corruption institutions

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Adoption of Anti-corruption Legislative Measures Algeria Among the eight NEPAD countries under review, Algeria ranks 104th among 180 countries globally in the 2020 Corruption Perceptions Index by Transparency International. Some notable anti-corruption legislative measures in Algeria include the anti-corruption legislation, Law No. 06-01 of 21 Muharram 1427 (February 20, 2006) on the Prevention and the Fight Against Corruption (Loi n°06-01 du 21 Moharram 1427 correspondant au 20 février 2006 relative à la prévention et à la lutte contre la corruption), was enacted in 2006. Public officials are liable to jail terms of two to ten years’ imprisonment in litigated corruption cases (Canada: Immigration and Refugee Board of Canada, 2014). However, the law is deficient and less effective as it did not specifically define ‘offences of massive corruption and petty corruption or the scope and consequences of the offences’. Although the Algerian law included protection measures for whistle-­ blowers, by imposing fines from 50,000 Dinars to 500,000 Dinars, and imprisonment terms from six months to five years to persons who cause harm to whistle-blowers, it has placed the same punishment for false whistle-blowing (Homer, 2015). This counter-move is inimical to the effectiveness of the legislation, especially when potential whistle-blowers are suspicious of the ruling class.

Ethiopia Ethiopia on the one hand ranks 94th among 180 countries globally in the 2020 Corruption Perceptions Index by Transparency International. However, one of its remarkable anti-corruption legislations is the Revised Anti-corruption Special Procedure and Rules of Evidence Proclamation No. 434/2005 (Gebeye, 2015). The special procedure and rules of evidence proclamation were enacted with the aim of investigating and prosecuting corrupt practices. The need to regulate the property market, especially those purchased with corrupt earnings, cannot be overemphasized. The

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law allows prosecutors to retrain, administer, and confiscate properties which fall thereto (Wodage, 2014). The legislation also gives a preparatory hearing, rules of evidence, and protection of whistle-blowers, where the rules and procedures have been detailed. Indeed, this legislation is commendable if the provision therein is implemented accordingly (Gebeye, 2015). Regrettably, there are notable contraventions of this legislation. One of these contraventions is the ‘confiscation procedures standard of proof ’. This standard of proof is expected to prove whether a person benefited from a corruption act, which itself is a ‘criminal’ conduct, yet the same standard of proof is applicable in Ethiopia’s ‘civil’ proceeding. It is worthy to note that corruption is a criminal offence and the standard of proof for a criminal offence remains proof beyond reasonable doubt, not a multitude of evidence applicable in civil proceedings (Wodage, 2014).

Ghana Ghana is also one of the NEPAD countries pencilled for review, a country ranked 75th among 180 countries globally in the 2020 Corruption Perceptions Index by Transparency International. Although Ghana does not have a single legislation to address corrupt cases, its criminal code categorizes corruption as a criminal offence in the form of active and passive bribery, extortion, wilful exploitation of public office, use of public office for private gain, and bribery of foreign public officials (Ganahl, 2013). In Ghana, corruption is a criminal act, where both the agent and the principal are liable regardless of nationality. However, under section 239 of Ghana’s criminal code, corruption is defined as the ‘corruption of a public officer’; the code also gave subsequent definitions of other forms of corruption, including bribery and extortion (Ayee, 2005). Unfortunately, the code does not include bribery in a private capacity, thus legalizing corruption among citizens, which indirectly has a consequential effect on public administration.

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Kenya In 2015, Kenyan President Uhuru Kenyatta declared corruption as a national security threat (AP, 2015). Perhaps, Kenya remains one of the very few countries in Africa with the most robust legislative frameworks on anti-corruption. The bedrock of Kenya’s anti-corruption legislation is the 2010 Kenyan constitution, where Article 10 specifically deals with National Values and Principles of Governance, which binds all state organs, state officials, public servants, and all persons towards good governance, integrity, transparency, and accountability (Kenya Human Rights Commission, 2016). Perhaps the following specific pieces of legislation gave Kenya the needed backing to fight corruption, some of these recent legislations include but are not limited to: a. The Ethics and Anti-corruption Commission Act 2011 (EACCA), which replaces the Anti-corruption and Economic Crimes Act 2003 (ACECA), b. The Public Finance Management Act 2015, c. The Public Procurement and Disposal Act 2015, and d. The Bribery Act 2016 Articles 2(5) and 2(6) of the Kenyan Constitution provide for the ratification of all International Laws to which Kenya is a signatory, thus making those laws part of Kenyan laws (Kenyan Constitution, 2010). Despite the robust legal framework for the fight against corruption in Kenya, the country is still ranked a distant 124th among 180 countries globally in the 2020 Corruption Perceptions Index by Transparency International.

Nigeria Nigeria has one of the worst Corruption Perception Index (CPI) in Africa, with a dismal ranking of 149 out of 180 countries on the CPI by Transparency International. Still, as a country it has made significant

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strides towards the fight against corruption. Key initiatives include its anti-corruption legal frameworks, which were necessitated by the prevalence of advance fee fraud, commonly known as 419 by its penal code which has progressively deteriorated Nigeria’s image in the international community and significantly reduced the flow of direct foreign investments (Chawki, 2009). Although, just like Kenya with a robust legal framework in the fight against corruption, Nigeria also has a plethora of legal frameworks initiated in curbing corruption. However, key legislative initiatives include the Independent Corrupt Practices & Other Related Offences (ICPC) Act 2000 and the Economic and Financial Crimes Commission Establishment (EFCC) Act of 2004. Regrettably, both the ICPC and the EFCC clearly lack the powers to accentuate their mandates. While the ICPC is visibly slow and lacks prosecutorial powers, the EFCC which is vested with prosecutorial powers has remained docile, especially within the corridors of power where grand corruption is rife (Daily Trust, 2011).

Senegal Senegal is a strong regional player in anti-corruption initiatives. Perhaps Senegal has made this possible from its long-term development processes, societal norms entrenched in the rule of law, and a competitive democratic government (Badet et al., 2016). Nevertheless, corruption remains a significant societal problem in Senegal. Ranked 67th out of 180 countries on the CPI 2020 by Transparency International, corruption in Senegal poses significant risks in most sectors in Senegal. While bribery and petty corruption are particularly common posing a major risk in its public administration, Senegal’s anti-corruption legal frameworks are primarily contained in its Penal Code (in French), although the legal systems criminalize extortion, active and passive bribery, bribing foreign officials and money laundering, as well as private-to-private corruption. The legal framework is vague on the status of facilitated payments, but they are expected when doing business (Amundsen, 1999). Additionally, legal status and expectations concerning gifts and hospitality are also difficult to determine. To cap Senegal’s travails is its docile judiciary, which

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intrinsically hinders the enforcement of legal provisions (Badet et al., 2016).

South Africa South Africa just like Kenya and Nigeria has one of the most robust anti-­ corruption legislative frameworks in Africa. Ranked 69th out of 180 countries on the global CPI 2020 by Transparency International. South Africa is a signatory to the United Nations Convention against corruption, the African Union Convention against corruption, the OECD Anti-Bribery Convention, and the SADC Protocol against corruption. To further strengthen its resolve to fight corruption, the South African government has put in place local anti-corruption initiatives aimed at curtailing the surge of corruption in South Africa. Some of these legal initiatives which comprise the 1996 South African Constitution include a Bill of Rights (Gumede, 2017). The Bill of Rights encompasses all socio-economic rights, as well as other important rights such as the rights to self-dignity, equality, and freedom amongst others. The Bill of Rights implies that the state has a duty to respect, protect, promote, and fulfil these inalienable rights enshrined in the Bill of Rights. It further implies that if left unchecked, corruption is potent enough to undermine these rights enshrined in the Bill of Rights (Langa, 2000). Other notable legal initiatives by the South African government include the Preventing and Combating of Corrupt Activities Act (2004) also known as PRECCA, promulgated in the same year as Nigeria’s Economic and Financial Crimes Commission Establishment Act (2004). PRECCA specifically defined gratification as either money, a donation, a fee, a discount, a reward, a property, the avoidance of loss, the discharge of a loan, or any privilege embarked by anyone to any other to gain undue advantage will be deemed as corruption and punishable under the criminal code (UN, 2015).

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Uganda In the last two decades, Uganda has come up with several anti-corruption initiatives that both ratified provisions of the United Nations Convention against Corruption and the African Union Convention against Corruption in its domestic efforts to combat endemic corruption. Yet, it ranked 142nd among 180 countries on the CPI by Transparency International. A major legislative initiative by the Ugandan government is the promulgation of the Anti-corruption Act of 2009, which defined corruption in its strictest terms. The Act added other forms of corruption such as nepotism, sectarianism, influence peddling, and the threat of injury to persons employed in public service, which make the Act on the most detailed single document that tackles corruption head-on (Anti-Corruption Act, 2009).

 odel Anti-corruption Initiatives Aimed M at Strengthening Public Administration in Africa Algeria In Algeria, anti-corruption initiatives and judicial reform remain significantly challenged (Marwane, 2019). Despite the creation of a financial office in early 2019 designed to address corruption cases, the initiative may fail to deliver noticeable improvements, especially when the office is misused to target political opponents. Other notable institutional reforms by Algeria include the creation of a Financial Intelligence Unit in 2002 and the National Body for Preventing and Combating Corruption (ONPLC), which was created by Law No. 06-01 in 2006 and became operational in January 2013. The ONPLC is an independent administrative authority with both legal and financial autonomy; the body reports directly to the President and it remains the main facilitator of the national anti-corruption strategy (Homer, 2015).

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In addition, Algeria also has the General Financial Inspectorate (IGF) domiciled in the ministry of finance and saddled with the responsibility of controlling public finance by conducting audits and investigations that may lead to prosecution. The court of Auditors, a higher institution for posterior control of the finances of the state, the local collectives, and public establishments has the right to audit and can recommend the prosecution of any official implicated in the audit process (IMF, 2005).

Ethiopia A key institutional anti-corruption initiative in Ethiopia is the establishment of the Federal Ethics and Anti-corruption Commission (FEACC) through an act of the parliament on May 24, 2001, with the sole objectives of fostering ethics and anti-corruption education, preventing, investigating, and the subsequent prosecution of corrupt practices and related offences (Mezmur & Koen, 2011). Perhaps, FEACC in Ethiopia represents one of the most important state reforms. It is also symbolic and exudes the commitment and seriousness of the Ethiopian government to address the menace of corruption. Strikingly, it is one of the few anti-­ corruption institutions in Africa that is explicit on anti-corruption education.

Ghana In Ghana, however, the institutional reforms against corruption are manifested through the establishment and strengthening of several anti-­ corruption bodies and committees such as the Commission on Human Rights and Administrative Justice (CHRAJ) and the Serious Fraud Office (SFO), which recently became the Economic and Organized Crime Office (EOCO). CHRAJ not only is charged with investigating alleged violations of human rights but also has the power to investigate corrupt officials by taking action to remedy proven violations (Agebele, 2011). Unfortunately, it cannot prosecute offenders and must refer investigations to the Attorney General for prosecution.

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Like the CHRAJ, the SFO has been decried for lacking true independence and is often subject to political pressure. In a recent attempt to address some of these concerns, the SFO was replaced by the EOCO. In August 2010, the Ghanaian parliament passed the Organized Crime bill which seeks to establish a comprehensive legal framework that will monitor, investigate, and facilitate the prosecution of organized crime, including those that come through the creation of the EOCO (Homer, 2015; Kotuwa, 2005).

Kenya On the other divide, however, Kenya’s Ethics and Anti-corruption Commission remains one of the most visible institutional initiatives in Kenya. The EACC was established under Article 79 of the Constitution of 2010. However, the EACC has consistently become the target of any major destabilization, or the threat of destabilization, of the Kenyan polity since its inception (Akech, 2014). It is however worrisome that these destabilizations often coincide with periods when the institution is clearly making progress on politically sensitive cases. Although, the EACC’s mandate is clear in terms of the prevention of corruption, as well as regarding the sensitization and education of the public in the fight against corruption. Regrettably, Kenyans are suspicious of the EACC, and it is not widely relied upon by Kenyans in reporting corruption. In a 2012 survey, the EACC found that whereas 60% of those surveyed had ‘observed or witnessed a corrupt act by a public officer’ in the past 12 months, only 6% reported the incident (Njagi, 2017).

Nigeria In Nigeria, the Independent Corrupt Practices Commission (ICPC) was established specifically to protect the public service against corrupt practices and related offences (Ikpeze, 2013). Although its investigations and recommendations can lead to prosecution or other forms of administrative or disciplinary measures against erring persons, it lacks prosecutorial

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powers, thereby limiting its effectiveness as a formidable anti-corruption initiative (Ayodeji, 2013). On the other hand, the Economic and Financial Crimes Commission (EFCC) is expressly committed to stemming economic and financial crimes. Unlike the ICPC, it has both investigative and prosecutorial powers as enshrined in Part IV of the EFCC Act 2004. Although these offences range from financial malpractices, terrorism, retention of proceeds from criminal acts, economic and financial crimes to seizure, and forfeiture of tangible assets in Nigeria and overseas, it has failed to secure enough convictions and is guilty of letting the political elites of slipping through its net (Badet et al., 2016). The other two important anti-corruption institutions in Nigeria are perhaps the Public Complaints Commission, established under the Public Complaints Commission Act of 1975, which operates to protect the public against a corrupt and oppressive exercise of power by public officials. Its investigations and recommendations are also tenable for prosecution or other forms of administrative or disciplinary measures against erring officials, especially corrupt public officers. Like many other anti-corruption institutions in Nigeria, it has a dismal performance largely owed to its statutory limitations regarding enforcement and the non-co-operative position exhibited by most public servants (Chike & Madumelu, 2015). The second institution in this respect is the Code of Conduct Tribunal, established under the Code of Conduct Act and enshrined in paragraph 15 Part I of the Fifth Schedule of the 1999 Constitution (Aladetohun & AbdulRasheed, 2018). The tribunal is saddled with the primary responsibility of putting public officials who violate the provisions of the Code to trial. Perhaps, the main purpose of the Code is to prevent directly or indirectly pervasive corruption in public lives.

Senegal Senegal also plays an important regional role in curtailing the menace of corruption in West Africa alongside Nigeria and Ghana. Senegal has made significant improvements in its CPI since 2012. This is not unconnected to the seriousness of its political regime and the initial euphoria

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around the anti-corruption campaign. Senegal has also taken giant strides, which include the creation of new and specific anti-corruption agencies while also investigating and prosecuting past abuses (Kotuwa, 2005). Arguably, Senegal’s anti-corruption campaign initially targeted gross misconduct by senior public officials in the government of Karim Wade (a former Senegalese President). The campaign was reinvigorated by the creation of new institutions such as the Office National de Lutte contre la Fraude et la Corruption (OFNAC) and an expert court to hear cases of unlawful amelioration, the Cour de Répression de l’Enrichissement Illicite (CREI). Nonetheless, the institutions have been accused of selective justice and a total disregard for due process (Ayee, 2005; BBC, 2015).

South Africa Institutional initiatives from South Africa are rooted in rich and diversified laws, rules and regulations creating some of the most comprehensive anti-corruption groups of agencies in Africa (Claudious, 2017). Some of these agencies include the National Prosecuting Authority (NPA) responsible for state criminal proceedings, the Asset Forfeiture Unit (AFU) responsible for the seizure and forfeiture of proceeds from crime, the Independent Police Investigative Directorate (IPID) responsible for investigating corrupt practices and maladministration within the South African Police Service, the Special Investigating Unit (SIU) responsible for investigating corruption at all levels while helping in the recovery of illicit gains, the South African Police Service (SPS) responsible for investigating all forms of corruption and the Directorate for Priority Crime Investigations(DPCI), whose primary role is to detect, investigate, and combat offences classified as ‘national priority’. The multiplicity of these agencies is further supported by the Public Service Commission (PSC) saddled with the responsibility of assessing, monitoring, and evaluating state policies, practices, compliance, and control as well as the effectiveness of anti-corruption agencies. In addition is the office of the Public Protector, whose unique role is to identify, investigate, and report to the state institutions corrupt activities in all

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spheres of society. Despite existing structural and operational initiatives as well as a holistic modification of legislative guidelines, there have been serious problems in terms of duplications of actions, tactics, and strategies which have become impediments to the overall effectiveness and efficiency of these agencies (Gumede, 2017).

Uganda Some of the key institutions responsible for combating corruption in Uganda include the Directorate of Public Prosecutions (DPP) responsible for criminal prosecution; the Inspectorate of Government, which is serving as the ombudsman; the office of the Auditor General responsible for financial probity in public administration; the Public Accounts Committee (PAC) and the Directorate of Ethics and Integrity. Although the DPP does not investigate corruption cases, it has an exclusive role of advising the Police and the Inspectorate of Government regarding how investigations should be conducted (Homer, 2015). The Inspectorate of Government (IG) also known as the ombudsman remains the key and most important anti-corruption agency in Uganda. The IG is empowered under Article 223 of the 1995 Constitution and is vested with the power to investigate, cause the investigation, arrest, or cause the arrest of, prosecute, or cause the prosecution in respect of cases involving corruption. Perhaps the major differences in the roles of the DPP and IG lie in the powers of the IG to investigate, arrest, and prosecute offenders, which the DPP cannot.

Corruption and Africa’s Public Administration This chapter has noted the uniqueness of Africa’s Public Administration while enunciating the degree and preparedness of African countries to curtail this menace through legislation and the creation of new institutions, or the strengthening of existing ones specifically to fight corruption (African Union, 2003). However, the multiplicity of these initiatives is convincing enough to prove that corruption has become an endemic

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social phenomenon plaguing Africa, and the sector worst hit by this plague is arguably Africa’s Public Administration. Nevertheless, Public Administration in Africa remains an important fulcrum that balances power between leaders and their followers and how they negotiate these relationships, especially in the way and manner state resources are distributed (Ayee, 2005). It is on this basis that Public Administrators on behalf of various governments engage the citizenry in a social contract that addresses societal problems like poverty, infrastructure, and other basic amenities. Yet, it is during these deliverables that public administration becomes compromised. In Algeria, Public Administration is at high risk, especially for companies contracted to deliver public goods. The local administration is riddled with inefficiency and corruption. Bureaucratic bottlenecks have characterized the Algerian business landscape where policies and regulations are inconsistently administered. Public Administration is to a large extent opaque, and bribes are often used and solicited to avoid these avoidable bureaucracies. Perhaps the Algerian public procurement sector is the worst hit, with serious allegations of nepotism, cronyism, and pervasive clientelism (Bruzzone, 2021). In the wake of these accusations, the Algerian government launched a major corruption investigation into several companies including the Algerian Sonatrach. Sonatrach was accused of directly accepting an award of contract which did not go through tendering, and yet adeptly inflated in millions of dollars. The investigation led to the prosecution of several persons and companies connected to the case, who have been sentenced for embezzlement, money laundering, and bribery, among other offences (Homer, 2015). Petty corruption and the peddling of bribes in return for the processing of relevant or government-related documents are particularly common forms of corruption in Ethiopia. This is further characterized by irregular payments and bribes, especially in the award of public contracts and licences (Gebeye, 2015). There have also been serious accusations by companies of lack of transparency by the government in the tendering processes in addition to unlawful termination of contracts. Ethiopia is also accused of nepotism and pervasive clientelism. Some of the big companies accused of these practices include Metal & Engineering

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Corporation, which is also the biggest employer in the country. The company has been accused of receiving major contracts without any form of bidding process (Reuters, 2014). In Ghana, however, the public administration system is seen as corrupt and sluggish (Mohammaed, 2019). ‘Dash’(tip), a subtle way of collecting bribes, is common and systematically entrenched. Public officers are known for demanding ‘dash’ often in exchange for facilitating public utilities. Perhaps some of these corruptions are further fuelled by weak public administration and the complicity of the government being an investor and a contractor at the same time. Another disquieting angle to Ghana’s public administration is the growing online commercial scams generally referred to as ‘Sakawa’ (online fraud) (Agyemang, 2015). Private companies are targeted with unsolicited mails in form of public procurement offers usually tied to a fictitious Ghanaian government or the ECOWAS.  These companies, which are mostly foreign companies, are lured into paying a series of fees to register or have their products qualify for sales in Ghana or the West African region. Tendering fraud is the fastest growing economic crime in Kenya (PWC, 2020), and it is one of the biggest loopholes in Kenya’s public administration. There are serious allegations of grand corruption in some of the high-end projects in Kenya; noticeable among them are the energy sector, the airport construction, and the infrastructure procurement process (Elhiraika, 2017). It is also argued that many of Kenya’s contractors are awarded contracts based on favouritism, and it was never based on merit or due process. The situation degenerated further when public administration was devolved and many of the contracts became local and were administered at the county level. Even still, there have been reports of diversion of public funds and visible bias in the selection of contractors as well (Ganahl, 2013). Nigeria is not different either; its public administration is laced with serious cases of corruption. The public service is often over-bloated with serious allegations of ghost workers. In a desperate attempt to block leakages of scarce resources, a 2016 federal staff audit found more than 50,000 ghost workers on the federal payroll. This finding saved the government a mammoth USD636 million within the same financial year (RT NEWS, 2016).

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In terms of public procurement, however, public funds are often diverted to companies owned by friends, family members and cronies; there is no doubt that favouritism plays an important role in decisions concerning public procurement. Although there is fair competition between local and foreign companies, with an occasional provision for foreign financing, the government is guilty of neglecting payments for contracts that have been sealed and delivered (Ayodeji, 2013). In the wake of recent security challenges in Nigeria, the government has earmarked billions of dollars to curtail the insecurity threatening its fragile unity. The defence procurement sector became a heaven for grand corruption with billions of dollars stolen in fraudulent arms procurement; a notable case is the disappearance of USD15 billion in a fictitious arms deal (Reuters, 2016). Senegal’s public administration is also plagued with bribes and irregular payments, especially when dealing with utility services. The incessant demand for tips, especially among line staff complicates the bureaucracy. The procurement procedure is still deficient and lacks true accountability. Not all tenders are advertised; in Senegal, a tender can be negotiated especially in terms of innovation while large tenders are broken down into smaller pieces to mollify the growing number of cronies who are often conduit pipes for siphoning public funds (Hyden, 2013). In South Africa, the legal, regulatory, and accountability frameworks are mostly in tandem with international best practices. Yet, there are serious allegations of cronyism and nepotism in South Africa’s public administration. There are also major concerns about wealthy individuals and families interfering with due processes, thereby enriching themselves and undermining the integrity of both national and local administrations (Gumede, 2017). A good example is the Gupta family, whose close ties with President Zuma meddled into South Africa’s public administration, including the nomination of cabinet ministers. However, during the recent investigations against President Zuma, the Gupta family were found complacent and further indicted, thereby losing assets of more than USD21 million (BBC, 2018). Effective public administration in Uganda is most visible in the capital city, Kampala. The regulatory system is to a large extent compliant with international standards and protocols. Yet, bureaucratic hurdles are

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increasingly threatening its efficiency. However, a key concern is the process of recruitment into public service, which is usually conducted on personal and political preferences rather than merit (Ganahl, 2013). This makes the recruitment process a beehive of corruption. Sensing an over-­ bloated workforce, Uganda carried out a federal audit of its payroll in 2016, where 5500 ‘ghost workers’ were expunged (eNCA, 2016). Although many high-profile tenders for infrastructure projects were suspended because of allegations of gross corruption in recent years, foreign companies have complained bitterly of ‘under-the-table’ cash payments directly to local agencies, and this has undermined the entire public procurement process (Badet et al., 2016).

Conclusion Despite various initiatives, there is a seeming trust-gap between the public and the state, especially when agencies set up to fight corruption become compromised in the entire process. The effect of corruption on Africa’s economic, political, and social landscape has become increasingly injurious to its growth and development (African Union, 2003), and this has made public administration inefficient. The entire chapter reviewed eight African countries, namely, Algeria, Ethiopia, Ghana, Kenya, Nigeria, Senegal, South Africa, and Uganda and the extent to which they complied with their various anti-corruption initiatives. These countries were chosen based on their regional representation and the commitments of their various heads of governments, declarations, and treaties signed in combatting corruption. The theoretical frameworks articulated further the nexus between pervasive corruption and inefficient public administration in Africa. The collective action theory helped in the understanding of why Africa’s public service is riddled with corruption, and this was captured in the ‘dash’, ‘sakawa’, and ‘under-the-table’ communalized behaviours. The theory further clarified how powerful companies and individuals meddle in the public procurement processes, and how detrimental it has been to public administration. The theory also deepened the understanding of why anti-­ corruption initiatives keep failing in Africa, by understanding the

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inseparable connection of the ruling elites and their political affiliations, cronyism, and pervasive clientelism; it was obvious that the ruling elite in most cases lack the political will to investigate or prosecute its allies, and even when they do, the laws are not applied in its entirety, thereby allowing loopholes for these allies to slip away. The collective action theory clarified that fighting corruption is a collective responsibility and as such has no room for selective justice. Furthermore, the institutional theory helped in the understanding that corruption in Africa’s public administration is systematic and a reflection of the entire public administration. It also helped in the examination of the public procurement processes and how corrupt schemas and routines become established as authoritative guidelines for public administration in Africa. It is regrettable that despite Africa’s abundant resources, decades of public maladministration have placed the majority of its citizens in a cocoon of fear and bleakness; its citizens have not fared better, while the earlier hopes of freedom that brought smiles and celebration at independence are increasingly being replaced with pessimism, distrust, and hopelessness (AP, 2015). It is worthy to note that Africa in comparison with other continents, especially Asia, has failed woefully to harness its full potential (Ayee, 2005). To navigate these murky waters, anti-corruption initiatives must be inclusively comprehensive, and adopt and deploy innovative governance where data is open, public administration is transparent and public officials are fully accountable.

Recommendation The chapter concludes by proffering implementable anti-corruption interventions aimed at reducing the menace of corruption, while recognizing the value of an effective public administration as a roadmap to sustainable growth and development, especially in Africa. The chapter recommends the following:

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1. Improved synergy between state and the public, where anti-­corruption agencies discharge their responsibilities with due diligence and the public is encouraged and protected to collaborate more closely with it. 2. Anti-corruption initiatives must be inclusively comprehensive, and adoption and deployment must include innovative governance where data is open, public administration is transparent and public officials are fully accountable. 3. Promote institutional initiatives aimed at reducing the multiplicity of taxes and duplicity of public procurement processes.

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8 The Role of Non-governmental and Civil Society Actors in Public Sector Ethical Compliance Chiamaka Iwuala

Introduction Civil society refers to that part of human interaction that is ‘beyond the household’ and at the same time ‘apart from the state’. (Bratton, 1994). It is distinct from the household because it goes beyond the realm of private advantage and caters to the common good. Moreover, civil society involves the aggrupation of individuals and associations in the quest for a shared purpose and a common goal. Sheed (1953), in distinguishing the role of civil society from the State affirms, ‘the State is Society as organized, exercising authority and wielding power. Society is larger than the State: for though both are made up of the same people, Society contains these people in wider interests’. Civil society is heterogeneous and so a concise and definitive definition is elusive. Diamond (1994), however, gives a definition of civil society that suffices. Civil society, he says, ‘is the realm of organized social life C. Iwuala (*) Afara Leadership Centre, Lagos, Nigeria e-mail: [email protected] © The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 K. Ogunyemi et al. (eds.), Ethics and Accountable Governance in Africa’s Public Sector, Volume II, Palgrave Studies of Public Sector Management in Africa, https://doi.org/10.1007/978-3-031-04325-3_8

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that is voluntary, self-generating, (largely) self-supporting, autonomous from the state, and bound by a legal order or set of shared rules’. It is distinct from ‘society’ in general in that it involves citizens acting collectively in a public sphere to express their interests, passions, and ideas; exchange information; achieve mutual goals; make demands on the state; and hold state officials accountable. In this way, civil society becomes a sort of intermediary entity between individual and state. The World Bank uses the term civil society organizations or CSOs to refer to the wide array of non-governmental and not-for-profit organizations that have a presence in public life and express the interests and values of their members or others, based on ethical, cultural, political, scientific, religious, or philanthropic considerations. Civil Society Organizations (CSOs) therefore refer to organizations such as community groups, non-governmental organizations (NGOs), labour unions, indigenous groups, charitable organizations, faith-based organizations, professional associations, and foundations. Civil society gets its heterogeneity from life itself. The fact that society comprises men in all their facets and dimensions makes heterogeneity a natural characteristic of civil society. Civil society encompasses a vast array of organizations, formal and informal. These include groups that are: 1) economic, such as productive and commercial associations and networks; 2) cultural, like religious, ethnic, communal, and other institutions and associations that defend collective rights, values, faiths, beliefs, and symbols; 3) informational and educational that are devoted to the production and dissemination— whether for profit or not—of public knowledge, ideas, news, and information; 4) interest-based, which are designed to advance or defend the common functional or material interests of their members, whether workers, veterans, pensioners, professionals, or the like; 5) developmental, such as organizations that combine individual resources to improve the infrastructure, institutions, and quality of life of the community; 6) issue-oriented, like movements for environmental protection, women’s rights, land reform, or consumer protection; and 7) civic, that seek in a nonpartisan fashion to improve the political system and make it more democratic through human rights monitoring, voter education and

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mobilization, poll-watching, anti-corruption efforts, and so on. (Diamond, 1994). In the broad concept of civil society, Diamond includes ‘the ideological marketplace’—independent mass media, institutions belonging to the broader field of autonomous cultural and intellectual activity—universities, think tanks, publishing houses, theatres, film production companies, and artistic networks. This multi-dimensional structure of civil society highlights its importance in the overall composition of society. In countries where democracy is thriving or where the political space is at least opening, civic participation expands. Participation, however, does not always translate into policy impact, and civil society groups continue to face such difficulties even under regional democratic leaders like Ghana. In countries where there is little democratic accountability, civil society organizations operate in a hostile environment, especially when they reflect and expose detrimental government policies, as in the case of Uganda (Obadare, 2014). This chapter addresses the peculiar situation of civil society in Africa, where many states are still in nascent democracy. Civil society action is examined in relation to more common ethical challenges in several countries in Africa like corruption, poor state performance, and lack of accountability. This examination reveals that civil society over the years has adopted its peculiar style, in sync with the political and cultural ambience of each place and time. Consequently, it becomes an increasingly powerful reality in shaping public life and in ensuring ethical compliance of government and the public sector in general.

Civil Society in the African Context In comparison with other civilizations, it may seem at first glance that the African society does not have a highly developed and efficient civil society structure, but a closer examination would debunk this claim. Traditionally, African societies have functioned through age-group societies, clans, and similar structures which have formed a solid structure not only of hierarchy but also of horizontal life in society.

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Civil society in pre-colonial Africa was organized around age grades, women, youth, and brotherhood associations. These traditional organizations provided the impetus for the emergence of new forms of voluntary associations during the colonial period, for instance, hometown associations, labour unions, and professional associations (Orji, 2009). Even though many African societies ran the monarchical system of government and leadership was by inheritance and not by appointment, Makumbe argues that pre-colonial African political systems recognized the role of popular participation in decision making and governance. Indeed, some African societies can be argued to have had consensual political systems which required that major decisions be made only after widespread consultations among the people. Examples would include most Bantu ethnic groups in southern Africa. After independence, African ruling elites gave top priority to state sovereignty and national security and sought to bring about "departicipation". Although they invested heavily in the construction of one-party and military regimes, elites were not always successful at discouraging autonomous organizations from taking root in civil society. Some leaders nipped them in the bud by incorporating them under the wing of governing parties; others banned them entirely (Bratton, 1994). In many places, the only civic groups that took an active part in politics were those whose membership comprised the settlers and the colonists themselves. Though many colonial regimes discouraged the formation of civic groups which could have participated in the political process in their countries, Africans responded to this restriction by creating seemingly apolitical people’s organizations such as burial societies and various kinds of community-based organizations. Over time, these organizations became the crucial fora for the expression of the political demands of the oppressed colonized people. For example, in Zimbabwe, white farmers’ unions were instrumental in applying pressure on the government to create such public corporations as the Grain Marketing Board and the Diary Board. (Makumbe, 1998). Another such example would be the Umunna, a conflict-resolution institution in East Nigeria. In this way, traditional forms of civil society, rather than being annihilated, were absorbed into more modern forms of the same. According to Bratton, 1994, they survived as an alternative institutional framework to

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officialdom. For most of Africa, civil society would include trade unions; professional associations; church and parachurch organizations; resident, student, business, and other special interest associations; the media; and various types of non-governmental organizations (Makumbe, 1998). Thus, one could say that ‘the dawn of civil society activity in Africa preceded the advent of the colonial state’ (Orji, 2009).

 ood Governance and Ethical Compliance G of the Public Sector in Africa Over the past decades, the issue of corruption and the search for strategies to combat its corrosive effects have grown in importance as a topic of public debate and a criterion by which civil society evaluates leadership. (Asongu, 2012). At the dawn of independence of African countries, there resounded the call to transparency and ethical compliance of the government and public office holders, in a word, a call to good governance. The United Nations Development Programme (UNDP) states nine major characteristics of good governance: Participation, Rule of law, Transparency, Responsiveness, Consensus orientation, Equity, Effectiveness and Efficiency, Accountability and Strategic Vision (UNDP, 1997). It proposes a system of governance that is inclusive and takes into consideration the voice of the people in decision making. Below are some of those characteristics as they apply in the African context.

Rule of Law: Social Justice and Basic Human Rights Legal frameworks are a prerequisite for good governance. Laws need to be in place and be enforced impartially. The protection of human rights is also important as an independent judiciary and police force that are beyond being corrupted (Munene & Thakhathi, 2017). In cases where a repressive state threatens the basic human rights of citizens, civil society takes on a protective role. It does this through the official legal process such as providing paralegal services to groups of citizens who do not have ready access to the courts (Orji, 2009).

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A clear example of disregard for the rule of law is the tenacious and unyielding cling to power on the part of some government workers. Unfortunately, this could be said of more than a few African states. The fact that most governments in East Africa have come into and sustained their hold onto power is a factor in enhancing corruption. All countries save for Burundi—which is in transition from nationwide armed ­conflict—have electoral processes that are instruments to sustain hold unto power by certian groups and individuals. Dictatorship and overstay in power by individuals or one party lead to the disempowerment of the public and civil society participation in the governance and development process, which weakens the anti-corruption interventions (Tindifa, 2009). In addition to ensuring adherence to rule of law, Orji (2009) affirms that civil organizations also play an advocacy role in pressing for the implementation of existing laws or for the adoption of fresh legislative initiatives and institutional reforms that will enhance the application of rule of law and social justice. Civil society plays a key role in pushing for new laws, programmes, policies, or strategies on promoting good governance and growth. They have the power to hold governments to account for their commitments and promises in identifying the lack of government responses to governance-­related issues and in ensuring that national policy making does not forget the poor and vulnerable and those in rural areas. (Mlambo et al., 2019) Gaining extensive international resonance, the EndSars protests exposed both existing and emerging patterns of police brutality. The protests saw a new generation of civil society actors employing new forms of civic engagement with the use of social media and new technologies. For the first time in the history of Nigeria, there was a coordinated protest of a similar scale, involving Nigerians at home and in the diaspora —including online and onsite protests—to protest police brutality and call for government accountability to the people. Volunteer lawyers provided legal support to protesters who had been unjustly arrested; doctors and other medical practitioners provided rescue treatment and transport workers provided free transport to protest grounds. It was civil society coordination at its finest. The goal was to call out an

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infringement of the fundamental right to life that was being perpetrated by an arm of the police. Even though the EndSars movement did not achieve the 5-point agenda it had set out to, the major achievement of the protest was the awakening of the citizens, especially the young people and the awareness of the power that lies in the hands of the masses. Different initiatives sprung up after the protests, one of such being the Voter Education Nigeria Project that provides basic political and voter education, as well as contact details of local government office holders for easy access. Citizens can also put pressure on the government, as in the case of the most recent student movements advocating for the lowering of university fees in South Africa (Mkancu, 2018). The #FeesMustFall has been a sustained movement protesting the rise in tuition and advocating access to quality education for the majority of South Africans. During the three decades of Hosni Mubarak’s presidency (1981–2011), Egyptian civil society constantly denounced his authoritarian practices. Although giving the appearance of a democracy with a multiparty system made up of 28 legal parties, the ruling National Democratic Party (NPD) enjoyed a monopoly position. The opposition, independently of its ideology, was systematically repressed. Public freedoms were severely restricted through the Emergency Law of 1981, which enabled the government to suspend constitutional rights (Alvarez-Ossorio, 2017). The day 25 January 2011 stands out in the history of Egypt as the ‘Day of Revolt’ as thousands of Egyptians took to the street in protest targeted against the Mubarak government. Alvarez-Ossorio (2017) claims that the revolution of 25 January 2011 would not have been possible without the critical work carried out by civil society organizations in earlier years. Faith-Based Organizations and academia were at the forefront of change in Benin where the first ‘National Conference’, following the ‘Discours de la Baule’, was held in 1990. The Conference chaired by an Archbishop ended up drafting a new Constitution, and, organizing new elections that were won by President Soglo, after more than 20 years of ‘Marxism-Leninism’ under President Mathieu Kerekou (Sall, 2009). Civil society is also a vital instrument for containing the power of democratic governments, checking their potential abuses and violations of the law, and subjecting them to public scrutiny. Indeed, a vibrant civil

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society is probably more essential for consolidating and maintaining democracy than for initiating it (Diamond, 1994).

Accountability and Transparency Many of the problems plaguing Africa such as unemployment, lack of proper education, and maternal mortality, can be traced to a lack of accountability at some point in a bureaucratic chain, in the implementation of public sector policies. This chain goes from the preferences and needs of citizens, through the political process, and then passes to the bureaucracies and frontline actors charged with delivering services, or to the regulators, judges, and others with responsibility for monitoring and enforcing economic and social behaviour. Teacher absenteeism or leakage of public funds are examples of politicians or central-level bureaucrats being unable (or unwilling) to hold lower-level bureaucrats and service providers accountable. The capture of fertilizer subsidies or wage premiums by politically powerful groups are instances of citizens’ inability to hold politicians accountable (Devarajan et al., 2011). Debrah and Graham (2015) report that when Ghana discovered oil and started commercial production, civil society groups turned their attention to the oil industry with a definitive objective, ‘to ensure that Ghana does not fall into the oil curse situation’. Civil Societies (CSOs) have been formidable actors in Ghana’s democratic process; however, when oil was discovered in 2007, only a few of them had specific experience in the oil business. It was therefore extremely imperative for the CSOs to pool together their individual talents and resources. The need for partnership encouraged the otherwise fragmented CSOs to submit to the formation of a coalition known as the Civil Society Platform on Oil and Gas (CSPOG). In 2009, close to 120 CSOs, including policy research think tanks, human rights, and environmental groups as well as community-­based organizations from the Western region, teamed up with local oil-policy experts and activists to form CSPOG. There is evidence of a specific type of budget information that was pioneered in the education sector in Uganda. Purposefully designed survey instruments—named the Public Expenditure Tracking Surveys

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(PETS)—were used to measure discrepancies between budget allocations to schools in Uganda, and what reached the schools. The study argues that the publication in mass media of estimated “leakage” in the flow of funds led to dramatic improvements, with most of the intended funds reaching the schools after the information campaign (Reinikka & Svensson, 2005). In this argument, accountability for the flow of funds improved because of addressing information gaps among parents in schools, thus enabling them to exercise their client power vis-à-vis district authorities responsible for transferring funds to schools It is important for all stakeholders involved in decision making, including the government, civil society, and private sector, to be accountable to the public. Accountability needs to be directed especially to those that will be affected by decisions being made. Also, accountability goes hand in hand with transparency and the rule of law (Munene & Thakhathi, 2017). Civil society acting as a watchdog increases democratic accountability, transparency, and quality of governance. It reduces corruption, inefficiency, and waste. It also improves the quality of public services provided to the public and the overall effectiveness of the governance process (Mlambo et al., 2019). Many civil society organizations have extremely benefited from the usage of the judiciary when aiming to solve disputes with governments and in the quest to promote good governance through accountability and transparency (Mlambo et  al., 2019). For instance, independent legal practitioners contributed to the EndSars movement by providing legal representation to protesters who were unjustly arrested.

Improving State Performance Civil society organizations have contributed here by working directly with the government in shaping, financing, and delivering public services in a variety of ways. These have taken the form of public–private partnerships in which civil society organizations work closely with state institutions in designing and providing health, education, and other social services, mobilizing funds from among client groups and other sources, and monitoring the quality and coverage of social services. In some cases,

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this has created the basis for synergy in which state institutions acquired greater legitimacy and improved their performance by developing responsive working relationships with civil society that draw on reservoirs of social capital built up in local communities (Orji, 2009). In Ghana, protests in May 1995 against economic policies advocated by international financial institutions merged with the struggle for political reform to create sufficient pressure to move Ghana towards a multiparty system of democratic governance. These efforts created a new space between the government and society that allowed civil society organizations to shape and change the process of transition within Ghana profoundly. Since then, civil society organizations have provided an enabling and thriving interface between government and donors by legitimizing key development initiatives, such as the implementation of the Millennium Development Goals (MDGs), various Poverty Reduction Strategy Papers, and the Accra Agenda for Action (AAA) (Jumah, 2011). All these initiatives have significantly improved public service delivery. One key way civil society can improve society and state performance is through voting. Mobilizing the public to pitch the states’ results against its promises to the people is a clear way to assess the performance of the state concerning service delivery. This information is crucial at the hour of electing new officials. The voting power is arguably the greatest power civil society wields. Civil society organizations were particularly successful in direct democracy-building efforts by forming coalitions of networks to promote free and fair elections through the formation of election monitoring and observation groups. They helped to consolidate democratic practices in the general elections in 2000, which saw the first transfer of power through the ballot box in Ghana’s history, with victory going to the opposition candidate John Kufuor of the New Patriotic Party (NPP) over John Atta Mills of the National Democratic Congress (NDC), endorsed by the previous president Jerry Rawlings. The media had particular success ensuring transparency in the election and subsequently holding the government to account (Amponsah, 2012).

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 romotion of Popular Participation in Public P Policy Making In many African countries, civil society organizations have also played a prominent role in mobilizing the people to participate fully in politics and public affairs. (Orji, 2009). Civil society organizations have come to be viewed as the representatives of diverse and sectoral interest groups, widening access to and public participation in public institutions and processes. Civil society encourages democratic participation within the domains of the public service, empowers citizens, promotes active citizenship, and improves the capacity of the state to fulfil its public service mandate (Mlambo et al., 2019). The KCK (Kituo Cha Katiba) was established in 1997 with the mission of promoting constitution-making and democratic governance in the East African region. KCK provides a mechanism and neutral forum for activists, academics, and politicians to engage in dialogue, self-reflection, and critical debate over a wide variety of issues that are of critical contemporary relevance. The ultimate aim of the organization is to promote the active participation of civil society in good governance and to inculcate a culture of constitutionalism, where the constitution is a living document that reflects the aspirations and needs of the common people. KCK currently carries out its activities in Kenya, Tanzania–Mainland, Tanzania– Zanzibar, Uganda, and most recently Rwanda and Burundi. Civil Society Organizations have been at the initiation phase of many social and political movements which have led to change. The following examples illustrate the point quite well: The students’ movement in Senegal in 1966 and particularly in 1968 forced the government to open up space for dialogue. The movement also influenced the relaxation of the presidential nature of the regime leading to the establishment of the position of Prime Minister. This position was earlier scrapped from the institutional architecture of the country in December 1962. Second, the trade union movement/strike in Mali, supported by the students’ movement which led to a military coup that toppled the regime which had been in place for 22 years. The pressure from the trade unions led eventually to multiparty elections which brought Alpha Oumar Konaré to power (Sall, 2009).

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 ccupy Nigeria 2012: The Case of Fuel O Subsidy Removal In 2012, just over four decades since her independence, Nigeria witnessed what could be called the largest mobilization of civil society in the country’s history yet. Nigeria is known to be the largest oil producer in the Sub-Saharan African States, with about 32% and 34.2% of Africa’s oil and gas reserves respectively. According to the BP Statistical Review of World Energy (2019), Nigeria is the largest oil producer in Africa. It holds the largest natural gas reserves on the continent and was the world’s fifth-largest exporter of liquefied natural gas (LNG) in 2018. Although Nigeria is the leading crude oil producer in Africa, production is affected by sporadic supply disruptions. Given the abundance of petroleum resources in their crude form, one would expect that the citizens would enjoy supply in a stable manner and at a reasonable price. However, a combination of factors, among them corruption and greed, have made fuel prices and supply unstable. Even so, nothing prepared Nigerians for what came to be known as the ‘New Year Shocker’—the removal of fuel subsidies on 1 January 2012. When Jonathan removed the subsidy in 2012, the pump price rose from NGN 65 to NGN 141 overnight, with immediate effects on the costs of food, transport, and medicine, all things that consumed a larger share of the poor people’s incomes. According to Abdulwahed Omar, then president of the Nigerian Labor Congress (NLC), fuel prices also affected employment in small and informal businesses that depended on fuel-based generators (Houeland, 2020). Protesters in Lagos carried signposts and wore T-shirts saying ‘Kill corruption, not Nigerians’ (Premium Times, 2012). The large crowd of people at the rally on each day of the week showed total refusal of the new price. The presence of many artists, musicians, movie actors, comedians, and other celebrities added colour as they entertained the audience and turned the rally into a fun-fare and carnival of some sort. Speeches were made by leaders of civil organizations that were represented at the rally. Most of them began by demanding a return to the N65 per litre price. There were many television cameras

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and journalists reporting the event. Similar activities were happening simultaneously in other major cities in the country. Reacting to the government’s removal of fuel subsidies, protesters took to the street, calling the attention of not only national but international observers. The Nigerian Labour Congress (NLC) and the Trade Union Congress (TUC) called for a nationwide strike which brought economic activity to a standstill. In compliance with that order, schools, banks, fuel stations, and markets were shut down. Citizens came out to protest in such large numbers that the protest came to be known as Occupy Nigeria. There were anti-subsidy removal concerts and shows organized in several places which saw popular artists in attendance. Barely a week later, President Goodluck Ebele Jonathan reinstated the subsidy. In 2012, the unions’ position was again decisive through mobilization of the trade unions’ 4.5 million direct members from structures across the country’s many regions and economic sectors. Strike action halted the economy. It was only when PENGASSAN threatened to stop oil production that Jonathan called for negotiations, confirming the importance of the oil unions in the political economy of oil. The success of the protests, influenced largely by the CSOs, forced the federal government to announce a reduction in the new petrol price (from N141 to N97) and set up two committees to investigate claims of corruption in the sector. The Presidential Committee on Verification and Reconciliation of Subsidy Claims was set up to verify and reconcile the findings of the technical committee earlier instituted by the Federal Ministry of Finance to review all fuel subsidy claims and payments made in 2011. The committee, in its conclusion that N382 billion had been fraudulently paid under the subsidy scheme, made 22 recommendations that included the prosecution, recovery, and punishments for external auditors and other government officials found culpable (Ekhator & Ako, 2016). The Petroleum Revenue Special Task Force was set up by the Minister of Petroleum in February 2012 to support the programme of the Federal Government of Nigeria in enhancing optimization, probity, and accountability in the operations of the Petroleum Industry. The Task Force’s report (2012) stated that the Nigerian National Petroleum Corporation (NNPC) and the Nigerian government have mismanaged the revenue

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accruing from oil and utilized it for illegal or nonapproved purposes without accountability or transparency. Smith (2012) reports the findings of a parliamentary investigation which also concluded that the subsidy payments were shrouded in corruption with about US$6.8bn lost between 2009 and 2011 through corruption, theft, and mismanagement. These investigations were direct consequences of the protests by Occupy Nigeria, which drew largely on the information gathered by civil society organizations on the corrupt state of the oil industries. Though the final outcomes have not been great as regards a definitive hound of suspects, some of the suspects were arraigned in court (Ekhator & Ako, 2016). Before this time, there was a subsisting understanding between Congress and the Federal government in 2009 that the removal of subsidy will not commence until certain conditions have been met. These included the fixing of all the refineries and building new ones, regular power supply, and provision of other social infrastructure such as railways and repairs of roads as well as eliminating the corruption associated with supply and distribution of petroleum products in the downstream sector of the oil industry. These critical issues were, however, not addressed before the controversial removal of petroleum subsidy by the then Federal Government of Nigeria (Babatunde, 2018). Nigeria’s 2012 protests were part of a global wave of demonstrations, and it was probably the biggest in sub-Saharan Africa (Houeland, 2020). The Occupy Nigeria protests were a clear display of the power of civil society in influencing public policy and demanding transparency and accountability in the public sector.

Recommendations First and foremost, the education of the citizenry could be said to be the most fundamental task of civil society, for it is only when people know their rights that they can demand it, and it is only when they know their duties that they can live up to them. In his research, Arko-cobbah (2006) draws a link between good governance and the creation and maintenance of public libraries in South Africa.

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Civil society is an important element in ensuring accountability in government and in achieving a stable democracy. For this reason, civil society organizations mustn’t be absorbed into political lines. A healthy independence from mainstream politics is essential for civil society to have a balanced, objective, and impartial view of the political and socio-­ economic space to advocate improvement. African states should work towards better inclusion of civil society in formulating and implementing policies. This could be done through wellplanned and frequent public consultation on matters related to governance. New technologies could be a practical and effective way to do this. The initiation and promotion of public debate on issues that relate to the formulation and implementation of laws and government policies should be a priority of civil society actors. This would be a key strategy in promoting greater transparency of public revenues as well as advocating the rights of citizens. Civil space pluralism should be fostered rather than inhibited. As ethics is multi-dimensional, the more pluralistic the civic space is, the more the ability to ensure ethical compliance of public office holders from different angles. Besides, in this way, civil society will mitigate against political polarities and the conflict that usually come with it, as can be seen in some African states.

Conclusion Notwithstanding the difficulties and challenges, the role of civil society in ensuring public ethical compliance is important. Civil society groups have made noteworthy strides in engaging the government and influencing policies, either by pressure or by partnership. There is a need for a more robust collaboration between public office holders and civil society actors and organizations. Through inclusion, participation, dialogue, and negotiations, the two can achieve a better and more stable consolidation of true democracy. Thus, the role of civil society will not be limited to merely fighting corruption or ensuring good governance. It would extend rather to improving the socio-economic and political climate of the states. If African states create a more conducive space for civil society to thrive, there would be better synergy, leading to a more equitable and just society.

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References Alvarez-Ossorio, I. (2017). Civil Society and Political Change in Contemporary Egypt. In The Arab Spring, Civil Society, and Innovative Activism (pp. 57–79). Palgrave Macmillan. https://doi.org/10.1057/978-­1-­137-­57177-­9 Amponsah, P. N. (2012). The Daily Graphic coverage of presidential campaigns in Ghana, 1992–2004. Journal of Political Science, Government and Politics, 1(1), 1–15. Arko-cobbah, A. (2006). Civil society and good governance: challenges for public libraries in South Africa. Library Review, 55, 349–56, 362. https://doi. org/10.1108/00242530610674767 Asongu, S. (2012). Fighting corruption in Africa: do existing corruption control levels matter? [AGDI Working Paper, No. WP/12/012]. Econstor. https:// www.econstor.eu/bitstream/10419/123552/1/agdi-­wp12-­012.pdf Babatunde, V.  O. (2018). The 2012 Nigeria Labour Congress (NLC) Anti-­ Subsidy Removal Strike Action and Its Implications for Development Communication. In Exploring Journalism Practice and Perception in Developing Countries (pp. 217-238). https://doi.org/10.4018/978-­1-­5225-­3376-­4.ch011 Bratton, M. (1994). Civil Society and Political transition in Africa. Institute for Development Research, 11(6), 1–21. http://africanphilanthropy.issuelab.org/ resources/19673/19673.pdf Debrah, E., & Graham, E. (2015). Preventing the Oil Curse Situation in Ghana: The Role of Civil Society Organisations. Insight on Africa, 7(1), 21–41. https://doi.org/10.1177/0975087814554067 Devarajan, S., Khemani, S., & Walton, M. (2011, July). Civil Society, Public Action and Accountability in Africa [Policy Research Working Paper 5733]. In Human Development and Public Services Team, Development Research Group. SSRN. Retrieved July 12, 2021, from https://papers.ssrn.com/sol3/ papers.cfm?abstract_id=1895224 Diamond, L.  J. (1994). Towards Democratic Consolidation. Journal of Democracy, 5(3), 4–17. https://doi.org/10.1353/jod.1994.0041 Ekhator, E., & Ako, R. (2016). The Civil Society and the Regulation of the Extractive Industry in Nigeria. Journal of Sustainable Development Law and Policy, 7(1), 183–203. https://doi.org/10.4314/jsdlp.v6i2.9 Houeland, C. (2020). Contentious and institutional politics in a petro-state: Nigeria’s 2012 fuel subsidy protests. The Extractive Industries and Society, 7(7), 1230–1237. https://doi.org/10.1016/j.exis.2020.05.010

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Jumah, B. (Feb 2011). Towards democratic ownership in Ghana: strong progress in civil society engagement, Alliance 2015—towards the eradication of poverty (Ghana civil society aid effectiveness forum). Retrieved January 17, 2022, from https://docplayer.net/30622722-­Towards-­democratic-­ ownership-­in-­ghana-­strong-­progress-­in-­civil-­society-­engagement-­author-­ bashiru-­jumah-­send-­ghana-­editor-­javier-­pereira.html. Makumbe, J. M. (1998). Is there a civil society in Africa? International Affairs, 74(2), 305–317. https://doi.org/10.1111/1468-­2346.00018 Mkancu, S. (2018, March 27). What Lies Ahead For The #FeesMustFall Movement? HuffPost. Retrieved July 5, 2021, from https://www.huffingtonpost.co.uk/siphokuhle-­mkancu/what-­lies-­ahead-­for-­the-­feesmustfall-­ movement_a_23395555/ Mlambo, V., Zubane, S.  P., & Mlambo, D.  N. (2019). Promoting good governance in Africa: The role of the civil society as a watchdog. Journal of Public Affairs, 2019(e1989), 1–8. Wiley Online Library. https://doi. org/10.1002/pa.1989 Munene, J. W., & Thakhathi, R. D. (2017). An analysis of capacities of civil society organizations (CSOs) involved in promotion of community participation in governance in Kenya. Journal of Public Affairs, 17(e1668), 1–6. Wiley online library. https://doi.org/10.1002/pa.1668 Obadare, E. (2014). The Handbook of Civil Society in Africa. International Society for Third Sector Research. London: Springer. DOI https://doi. org/10.1007/978-­1-­4614-­8262-­8 Orji, N. (2009). Civil Society, Democracy and Good Governance in Africa. CEU Political Science Journal, 4(1), 76–101. Retrieved June 29, 2021, from www.ceeol.com Premium Times. (2012, January 9). Anger as Protesters Shut Down LAGOS. https://www.premiumtimesng.com/news/3376-­anger-­as-­protesters-­ shut-­down-­lagos.html Reinikka, R., & Svensson, J. (2005). Fighting Corruption to Improve Schooling: Evidence from a Newspaper Campaign in Uganda. Journal of the European Economic Association, 3(2-3), 259–267. The MIT Press. Retrieved July 14, 2021, from http://www.jstor.org/stable/40004969?origin=JSTOR-­pdf Sall, A. (2009). Reflections on Civil Society Driven Change: An Overview. In Discourses on Civil Society in Kenya (pp. 1-7). African Research and Resource Forum(ARRF). ISBN 9966 7062 7 5 Sheed, F. J. (1953). Society and Sanity. Sheed & Ward. lc 53-5198.

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9 Digital Innovation Towards Sustainable Public Sector Administration in Africa Marvel Ogah and Arinze Nwokolo

Introduction It is estimated that there are more than 350 digital public service programmes worldwide (Aker, Ishida, & Jenna, 2016a). These programmes are implemented by institutions, such as governments, non-­governmental organizations, the private sector and public–private partnerships, and span public services in sectors such as agriculture, education, health, financial services and social protection. As such the main objective of digital innovation is the optimal use of electronic channels of communication, including computers, mobile phones, radios and smartphones, to improve satisfaction in public service delivery and economic competitiveness. Despite the growth of digital public service programmes, little is known about the impact of digital innovation on sustainable public

M. Ogah (*) • A. Nwokolo Lagos Business School, Lekki, Lagos, Nigeria e-mail: [email protected]; [email protected] © The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 K. Ogunyemi et al. (eds.), Ethics and Accountable Governance in Africa’s Public Sector, Volume II, Palgrave Studies of Public Sector Management in Africa, https://doi.org/10.1007/978-3-031-04325-3_9

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administration. Digital innovation can address market failures in public service delivery in two ways. First, by enabling governments, through the automation of routine activities, to replace discretionary tasks vulnerable to rent-seeking such as social protection programmes (World Bank, 2016). Second, to overcome information barriers that can improve monitoring (through regular feedback on service quality) and citizen coordination (World Bank, 2016). Besides, it can enable public services programmes to meet their stated goals by improving their efficiency and coverage. Digital innovation can be used in a social protection programme either through digital national identification schemes or through electronic income transfers. For example, research shows that, relative to a manual cash transfer programme, using mobile money to distribute cash transfers in Niger reduces the implementing public agency’s costs of transfer disbursements and programme recipients’ cost of obtaining transfers (Aker, Rachid, et al., 2016b). Further studies show that using a digital technology innovation—such as a biometrically authenticated payments infrastructure (“Smartcards”)—delivers faster and less corrupt cash transfer payments to the beneficiaries (Muralidharan et al., 2016).

Sustainable Public Administration Sustainability is increasingly becoming a vital concept in public administration as the demand for resources, in the public sector, increases all over the world (Leuenberger, 2015). According to Svara and Brunet (2004), the three pillars of public administration are efficiency, effectiveness and social equity, but Bartle and Leuenberger (2006) insist that these values are not sufficient to explain good public administration and offer a fourth pillar, sustainability. This is based on the belief that complex problems of public administration require simultaneous consideration of a variety of values. Hence, sustainability presents a framework that accounts for intergenerational equity, environmental preservation and economic efficiency. According to Burlacu et al. (2021), sustainable public administration is tending towards e-governance and e-service in a bid to ensure successful public governance and regulatory management system as a vehicular tool for sustainable development.

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The issues of centralization, lack of political leadership, responsiveness and accountability have been the enduring deficiencies of most public sector administrations in Africa. This has continually eroded the confidence of the public in governance (Perry & Christensen, 2015; White, 1933). Bertot et al. (2016) posit that current public administration faces diverse challenges that are different from orthodox public administration. These problems range from several social concerns to ageing societies, populations that are digitally informed, economic pressure and unequal conditions for public service delivery. These complications show the need for innovation in the delivery of public service: an innovation that creates and maintains an ecosystem where all players that provide and consume public service delivery interact, connect and implement service solutions that satisfy the need of consumers. This innovation, thus, enables the delivery of services at a close range to the consumers via multi-service centres, diverse delivery channels, tailored services to local needs and service delivery via digital channels using current innovative social and organizational models (Bertot et al., 2016).

Digital Innovation Digital innovations in public administration combine the notion of digital innovation and its implications on public sector innovation. Andersson et al. (2018) suggest that innovations always require some new combinations of resources yet should also adapt to existing resources. Digital innovation, then, becomes the process whereby organizations carry out new combinations of digital and physical components to make novel products (Kohli & Melville, 2019; Yoo et al., 2010). This process includes the development of new IT artefacts and their adoption and diffusion through an organization’s structure, culture and processes (Kohli & Melville, 2019). As shown in Figure 9.1, every digital innovation progresses through four main activities: initiation (triggers, opportunity identification, decision making), development (designing, developing, adopting), implementation (installing, maintaining, training, incentives) and exploitation (maximizing returns, leveraging existing systems/data for new purposes), which are influenced by internal organizational culture and external competitive

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Fig. 9.1  Digital innovation theoretical framework. Source: (Kohli & Melville, 2019)

environment to produce outcomes in the form of products, processes and services (Cooper & Zmud, 1990; Kohli & Melville, 2019). Understanding the processes of digital innovation will guide governments in successfully adopting and implementing digital innovations in the public sector that are relevant to their context. The initiation stage is viewed as capabilities enabling the detection of opportunities in the external environment, such as technological opportunities, capabilities and entrepreneurial alertness. The development stage involves designing new information systems, customizing existing solutions or adopting a pre-existing solution (Kohli & Melville, 2019). The core technology is developed into a usable innovation. The implementation stage deals with the installation of new governance systems, training, processes and organizational changes in addition to the maintenance of information systems, both from an organizational and from a technical perspective. At the exploitation stage, existing digital systems are reassessed to reinforce their capabilities or find new uses.

Digital Innovation in Public Administration From a public sector perspective, an innovation that is actively driven by digital technology in public administration is called Digital Government (DG). It explains how governments use innovation to address social,

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economic, political and societal needs, and how they improve capacity to become more complex, context-driven and specialized entities (Janowski, 2015). There are four stages of DG evolution, namely Digitization, Transformation, Engagement and Contextualization. The digitization stage involves the transformation of the internal activities (task otherwise done manually) of the government through the application of digital technology. It is also a process of digitizing existing infrastructures in government. The transformation stage seeks to explain the change that goes within the internal processes of government due to digitization and familiarizing the existing systems with that change. The engagement stage examines the effect of this change on external relationships, citizens and other stakeholders who use the services, whether the solution engages the users or not. The contextualization stage explains how specific national, local, or sector within a given government organization function is impacted by digital transformation (Bertot et al., 2016; Janowski, 2015). Innovation does not follow a linear pathway or model due to its disruptive nature. Bertot et al. (2016) proposed a digital public service innovation framework, underpinned by the principles of innovation in the public sector and a digital government model as a pathway to developing sustainable public services. The framework shows the seven forms through which public service innovation can be deployed leveraging digital technology and ways through which innovative digital services in the public sector can be accessed by citizens. They include transparent, participatory, anticipatory, personalized, co-created, context-aware and context-­ smart digital public service models. 1. Transparent Digital Public Service: These digital services give citizens access to public administrative information to keep them actively involved in governance. It answers the question: Can citizens be aware of service decisions made by the government? This gives the citizens a sense of ownership of the process. Openness, transparency and accountability are critical components in raising informed citizens that will trust the system. Therefore, information needs to be proactively disseminated through multiple channels and formats by the governments to keep citizens across all levels informed and engaged. This information increases trust and willingness to participate in gov-

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ernance. High use of social media, advanced big data analytics and citizen demands all converge to create an unprecedented open government context. 2. Participatory Digital Public Services: These are digital innovations in the public sector that create innovative ways for governments and citizens to interact. This interaction makes it possible for effective participation in governance. It answers the question: To what extent can citizens participate in service decision making in the public sector? It allows citizens to participate actively in reforms, policy formulation and implementation. It is the introduction of digital technology by the government, particularly through social media, digital platforms and engagement techniques such as crowdsourcing to facilitate engagement with citizens. This enables citizens to stay actively involved in the governance process and ensure the sustainability of public service. The value proposition of participatory digital public service is its ability to facilitate two-way participation between government and citizens intermediated by digital technology. 3 . Anticipatory Digital Public Services: This is an innovative digital public service framework where the needs of citizens are anticipated using digital technology. This anticipation is based on the information due to some previous knowledge based on demographics (age or marital status) and life circumstances (change in employment, disaster recovery or movement to a new location; or some other contextual factors). For instance, the application of blockchain technology can be a catalyst for record modernization and regulatory compliance (Benbunan-­Fich & Castellanos, 2018), enabling the government to access the information of citizens. The critical question here is: Can government initiate (proactively) service delivery to citizens? In this case, government acts proactively in service delivery due to its access to vital information of citizens made possible by digital technology. Anticipatory services bring the government closer to the citizens through sharing vital information and data between the two groups to enable the prediction of the needs of citizens and better public service delivery. Anticipatory services are based upon data, analytics, predictive modelling and trust-based relationships between citizens and governments.

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4. Personalized Digital Public Services: Personalized digital services refer to digital public services between governments and citizens that are based on user profiles, customization and authentication (Homburg & Dijkshoorn, 2011). It utilizes big data in enabling faster, smarter and more personal government services (Yiu, 2012). It is a situation where the creation, storage, retrieval and authentication of user profiles, preferences and choices influence the development of public service. In this approach, citizens can create a customized interaction with government services that they wish to receive and how they wish to receive them. It answers the question: Can citizens choose how they wish to receive services from the government? Personalized public services made possible by digital technology give individuals a sense of belonging as they see their interests represented in governance. 5. Co-created Digital Public Services: These public services are co-­ created with the aid of digital technology. Co-created digital services enable citizens to actively take part in public service creation (Bertot et  al., 2016). Co-creation refers to a collaborative process between governments, citizens and industry in the development of services that is beneficial to all. Co-created services are sustainable and effective because they are relevant in meeting the intended needs of users. Through this innovation, the role of government shifts towards a bottom-­up approach facilitating communities to make decisions and policies, rather than through direct decision and policy making (top-­ down approach). Through co-creation, citizens and governments work collaboratively to form policies and make decisions. There is shared responsibility in addressing challenges, managing processes and other aspects of governance (Linders, 2012). Thus, a critical question is: Can government and citizens engage in collaborative service delivery? Digital technology makes this possible by collecting ­feedback from citizens after a public service experience. This information is used to develop quality public service that meets user expectations. 6. Context-aware Digital Public Services: Context-aware digital public services refer to digital services that leverage pervasive applications that are flexible, adaptable, cross-platform and capable of acting autonomously on behalf of citizens (Tseng, 2008). The application of artificial intelligence that enables human–computer interaction and

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the use of technologies that sense the user’s context and provide context-­specific content and services explains this digital public service. A key question to consider here is: Are the service providers aware of the service delivery context? There is a combination of intelligent code (e.g., bots), digital technology (e.g., mobile) and internet-enabled sensors on arrays of devices (e.g., metres) in locations (e.g., community spaces, highways or mass transit vehicles). Citizens are constantly interacting with services that are context-aware through their devices and current environment and drive contextual fulfilment of their needs (Bertot et al., 2016). 7 . Context-smart Digital Public Services: These services leverage context-­awareness to provide contextually applicable actions that meet the needs of citizens (Hong et al., 2009). Thus, it answers a critical question: Do the service provider(s) deliver better services by utilizing their knowledge of the context? Context-smart services bring together smart technologies; cross-platform mobile technologies; infrastructure (smart city); and smart applications across governments, citizens and industries. Across contexts, devices, data sources, locations, governments, industries and services there is continuous integration and learning

 pplication of Public Sector Digital Innovation A in Africa Nigeria (West Africa) Remita is a digital innovation in the public sector in Nigeria.1 It is a payment solution platform driving the Treasury Single Account (TSA) of the Federal Government of Nigeria. It is the central payment platform supporting the payments of Federal Government Ministries, Departments and Agencies under the TSA programme (Central Bank of Nigeria, 2013). It was fully adopted in September 2015 (Nairametrics, 2019).  It can be found online via https://www.remita.net/.

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Public financial management in Nigeria has been transformed by the Remita payment solution by enabling visibility of revenues/cash flows and payments to determine cash position from a single dashboard (Okeme, 2017). The excessive number of bank payment accounts of government agencies weakened the oversight of the Nigerian Treasury and led to corruption. Remita platform adopted the TSA which supports a unified structure of bank accounts to facilitate electronic collection (e-collection) and electronic payment (e-payment). This has facilitated the inflow, by direct debit into the TSA account at the Central Bank and can be seen through a single dashboard. The Remita payment platform is an innovative solution in the public sector that deploys the transparent, co-creation, context-aware and context-­smart digital public service framework. It is a solution that takes into account the context of operability and the experience of its users in providing public service. It also enables the government to be transparent in managing national funds by enabling visibility of account balance, thereby encouraging openness, transparency and accountability.

Kenya (East Africa) The use of information and communication technology to improve the performance of public administration has been the desire of the Kenyan Government. Given the pressure placed on the government by society to become more efficient and effective, and at the same time become attentive to user needs, demands and satisfaction, the government was forced to rethink service development and delivery by adopting digital innovation. A public sector digital innovation, known as M-Service,2 was launched by the Kenya Revenue Authority (KRA) to improve taxpayers’ experience. It is a mobile application created to provide ease of payment and conveniently facilitate tax compliance. Application also comes in handy for verification processes such as authenticating a PIN and a Tax Compliance Certificate (TCC). The application is available on Google Play Store for Android phones and  It can be found here: https://play.google.com/store/apps/details?id=com.kra.mservices&hl=en

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USSD service. This has simplified the process of tax filing, allowing people to access various tax services from their mobile phones. Kenya Revenue Authority explains that the goal of the M-Service system is to widen taxpayer reach, increase revenue collection and enhance tax compliance by making the tax payment process more convenient. Through the mobile application, taxpayers are now able to easily register, pay and file tax returns for Monthly Rental Income (MRI) and Turnover Tax (TOT) obligations (Kenya Revenue Authority, 2020). M-Services is a digital public service tool that deploys a transparent, personalized, context-aware and context-smart framework of digital innovations in the public sector. Citizens are assured that their tax is going to the right source. They also get a sense of personalization of the experience by paying tax at their convenience.

South Africa (South Africa) A digital innovation solution in the South African public sector known as KwaZulu-Natal (KZNonline your government at the click of a button) was launched by the South African government in 2011.3 The platform was launched to provide information on several functional areas of the economy. According to Thakur and Singh (2012), the government’s objective for digital innovation was to improve service delivery to the citizens and, in doing so, enhance its efficiency-handling activities. The KZNonline portal for citizens is reliable for providing information on government policies and activities such as transport, economic development, tourism and environmental affairs, education, social development, health, agriculture and rural development, co-operative governance and traditional affairs, human settlement and public works, arts and culture, finance and community development and liaison. This digital innovation meets the needs of citizens in several ways. It facilitates job search by publishing relevant job vacancies within the country. It keeps citizens, businesses and travellers informed of government services. Citizens are actively involved in the decision-making  It can be accessed on http://www.kznonline.gov.za/

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process, which improves public access to government information and services. This ensures quality and cost-effectiveness of government services are enhanced through communication and information sharing (Singh, 2014). The Kwazulu-natal digital platform in South Africa was built from scratch with the end-users in mind using the anticipatory digital public service model and transparent digital public service framework. It also has some elements of context-aware and context-smart digital public service frameworks in terms of how information is presented to the citizens.

Egypt (North Africa) The digital innovation in the public sector in Egypt, known as the e-­government portal,4 was launched by the Ministry for Communications and Information Technology (MoCIT) in partnership with the Ministry of State for Administrative Development (MoSAD). The government of Egypt inaugurated the e-government portal in January 2004. E-services, shared services, operation, technology services and change management are key functions of this digital platform (Gebba & Zakaria, 2012). Egypt’s e-government vision comprises three main doctrines. First, the public-centric service delivery where citizens’ needs and expectations are emphasized in a one-stop-shop e-services delivery approach. Second, community participation where citizens’ needs are met continuously and both private/public sector organizations are active participants in e-­government implementation and management. Third, the optimal utilization of government resources through enhanced productivity cost reduction and efficient allocation of resources in e-government implementation (Gebba & Zakaria, 2012). Reduction in government expenses will be through embracing e-procurement techniques in the public sector. Local competitiveness will be improved to meet global standards and prepare the Egyptian public sector to be integrated into the international economy.

 It can be assessed from www.egypt.gov.eg

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The e-government portal was developed with the transparency, participatory, personalized, co-created, context-aware and context-smart digital public service framework. It enables citizens to access vital data and information from the government and have the opportunity to make contributions to policy and governance. It also implements elements of the new public management where the experience of citizens is personalized in service delivery and is relevant to the context of service delivery.

Cameroon (Central Africa) Digital innovation in the public sector of Cameroon is a web-based mechanism for enhancing interaction between Cameroon citizens and businesses with the Cameroon government. Information about all Cameroon’s government agencies is published on this portal to enable interactions—including public service delivery and online transactions— for citizens and businesses.5 Talla (2014) believes e-government in Cameroon has the potential to increase transparency and accountability in the provision of public services. A wider national ICT strategy that led to the introduction of the Cameroon web-based portal was initiated in November 2001 when Prime Minister Peter Mafany Mussonge raised an ad hoc committee to work on the project (Kenhago, 2002). The committee was given the responsibility of coming up with a strategy for better use of ICT in public administration that enables easy access to public information, better service delivery and greater use of online processes. In April 2002, it experienced a boost after the creation of a National Agency for ICT, a presidential decree requiring all government agencies to have a web presence and incorporate their services online (Kenhago, 2002). The volume of data available online has increased tremendously as budgets, government plans and regulations are posted online, and businesses can get access to some tender information online. The three main stakeholders using this portal are government agencies and their staff, citizens and businesses. The Cameroon government portal has been faced  It was originally launched as http://www.cameroon.gov.cm but has been changed to http://www. spm.gov.cm/. 5

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with two challenges such as low internet penetration and poor use of feedback for continued development (Kenhago, 2002). The digital innovation in Cameroon’s public sector deploys the transparency and participatory digital public service framework by publishing Cameroon’s public agencies’ data and enabling citizens’ interactions on the web. Citizens are more aware and informed of government actions and also participate actively in decision making and policy implementation.

 thical Challenges and Barriers to Digital E Innovation of the Public Administration System in Africa The future of public service administration is shaped increasingly by the evolution of digital platforms with distinctive features such as open standards and architectures that drive innovation in providing cheaper and high-standard public services. However, digital innovation is fraught with complexity and vulnerable to new risks regarding security, cost and privacy. These threats present evolving challenges for digital innovation in public administration systems.

Security The security of digital platforms presents an important challenge that governments in Africa should be ready to meet. This challenge is directly linked to making the benefits of digital platforms available to its citizens. By disrupting societal values and restructuring the economic system, digital innovation creates employment opportunities for those who possess the relevant skills. However, it has the potential to eliminate several jobs in the public administration system. Given that public service agencies tend to be connected to vast amounts of data from the social, political and economic environments, the security of digital platforms takes a renewed importance. The rise of cyber terrorism makes the adoption of cybersecurity an urgent task for developing countries. Terror

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organizations such as Boko Haram in Nigeria, operate with multinational corporations to launch Distributed Denial of Service (DDoS) attacks on government platforms (Baken, 2013). Hence, security is a major challenge for digital platforms in public service systems. Another area of security concern is the creation of biometric voter registration databases over the last several years in some African countries such as Kenya and Ghana. According to Brown et al. (2020), potential electoral cybersecurity issues need to consider threats, vulnerabilities and systemic issues. Direct threats such as attacks on voting machines or e-voting undermine information confidentiality, system availability and process integrity. Vulnerabilities emerge through the use of electronic voter lists for online targeting of individual candidates using insecure devices. System issues that reduce public trust in government digital platforms create new incentives for cyberattacks. South Africa and Ghana have signed into law the acts on cybercrimes and cybersecurity in addition to the Protection of Personal Information.

Cost The cost of infrastructure is another primary consideration when considering the type of digital technology innovation. For developing countries, digital technology innovation offers the potential to advance to the latest digital technologies. Kenya is a good example of how a country without universal fixed landline infrastructure can leapfrog to a more accessible mobile phone and internet technology that initiates the use of money transfer and direct payment of taxes through mobile phones. Although digital public service administration can rely on high-tech options, it is important to understand the costs, adoption constraints and usage associated with building such infrastructure. Digital technology innovation raises hard questions on inequality and redistribution. As digital innovation increases the automation of manual labour jobs, it can have adverse effects for developing countries, for example, where a large amount of low-cost labour is employed by government agencies to carry out routine public service tasks. The adoption of digital technology innovation will have implications for employment and income distribution

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with providers of intellectual and financial capital enjoying the greatest benefits.

Privacy Privacy constitutes another major area of concern for governments across the executive and legislative perspectives. Viewed as an essential component of trusted interactions in digital communications, privacy protections across online platforms have increased in recent years. These include laws and policies targeted at online privacy protections for children and consumers. Besides, the increase in electronic commerce has led to the adoption of standards and guidelines that govern the use of digital signatures and electronic records authentication. The 2016 adoption of the European Union’s General Data Protection Regulation (GDPR) provided a good framework and superb model for the data protection legislation in many African countries. According to Privacy International, 24 African countries, out of 53, have adopted some form of regulation aimed at protecting personal data.

Sustainable Development Opportunities Amongst the plethora of development opportunities provided by digital innovation, two play a key role in public administration: digital inclusion and institutional reform.

Digital Inclusion Digital innovation in public administration can help address problems related to social protection programmes. The absence of social security and tax records presents a challenge for African governments to accurately identify and target households based on income thresholds. This excludes vulnerable households from the safety net which consequently undermines public support for institutional reforms. In addition, cash

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transfers from social assistance programmes are vulnerable to corruption and leakages. Digital innovative tools such as biometric IDs and digital financial services (DFS) have the potential to address these inefficiencies. These tools can help to alleviate the information constraints regarding the location of public services, their quality and quantity, eligibility and how to use them. Hence, digital technology can reduce costs related to the collection, processing and dissemination of information, especially compared to the traditional methods used by public agencies in Africa. These cost reductions can improve access to public and private information by the citizens. In addition, digital innovation can help in providing educational services to public administration employees and citizens at greater outreach and lower cost (Aker, 2017). Digital platforms can help governments’ ability to finance public goods provision through proper design of tax schemes based on the identification of consumer preferences and willingness to pay for public services. In addition, linking national IDs to digital financial systems also aids the unbanked population and facilitates the payment of government salaries, pensions, wages and loans, as seen in the cases of Remita with government payments in Nigeria and Kenya Revenue Authority M-service, which digitalized tax administration.

Institutional Reform Many African countries need institutional reforms and an enhanced public service administration is key to these reforms. Digital innovation can either lead to a radical institutional change and administrative reform, such as Remita in Nigeria, or it can foster incremental change within traditional structures of power and authority (Sharon, 2008) as the case of M-service in Kenya. Regardless of the different effects of digital innovation, its adaptation can increase accountability, transparency and trust in the public administration through improving workforce capabilities, performance assessment and procurement reform. This will increase the quality and cost-effectiveness of government operations. Digital technology can help governments automate routine activities, especially if such tasks are vulnerable to rent-seeking, such as social assistance programmes.

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In addition, it can overcome information barriers which can improve monitoring and citizen coordination (World Bank, 2016).

Conclusion Overall, the pace of digital innovation outside public administrative institutions is faster than the pace of digital innovation within. This problem is exacerbated by issues of security, privacy and consumer protection in developing countries in Africa. Although digital innovation offers opportunities through information access, transfer cost reduction and task automation, this may not necessarily translate into stronger institutions. To promote sustainable public administration and institutional reforms, public administrators need to be more proactive in exploring how digital technology innovation can be used to address existing market failures in Africa.

References Andersson, P., Mattsson, L.  G., Movin, S., Mähring, M., Teigland, R., & Wennberg, K. (2018). Digital transformation supporting public service innovation: Business model challenges and sustainable development opportunities. Managing digital transformation, 1, 217–243. Aker, J.  C. (2017). Using Digital Technology for Public Service Provision in Developing Countries. In M.  S. Gupta, M.  M. Keen, M.  A. Shah, & M. G. Verdier (Eds.), Digital Revolutions in Public Finance (pp. 201–224). International Monetary Fund. Aker, J. C., Ishida, G., & Jenna, B. (2016a). The Promise (and Pitfalls) of ICT for Agriculture Initiatives. Agricultural Economics, 47, S1. Aker, J. C., Rachid, B., Amanda, M., & Niall, T. (2016b). Payment Mechanisms and Anti-Poverty Programs: Evidence from a Mobile Money Cash Transfer Experiment in Niger. Economic Development and Cultural Change, 65(1), 1–37. Baken, D. N. (2013). Nigeria’s Vulnerability to Cyber Warfare. In I. Mantzikos (Ed.), Boko Haram: Anatomy of a Crisis (pp. 35–45). e-International Relations.

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Bartle, J. R., & Leuenberger, D. (2006). The idea of sustainable development in public administration. Benbunan-Fich, R., & Castellanos, A. (2018). Digitization of land records: From paper to blockchain. Bertot, J. C., Estevez, E., & Janowski, T. (2016). Digital public service innovation: Framework proposal. In Proceedings of the 9th International Conference on Theory and Practice of Electronic Governance (pp. 113-122). Brown, I., Marsden, C., Lee, J., & Veale, M. (2020). Cybersecurity for Elections: A Commonwealth Guide on Best Practice. Burlacu, S., Popescu, M. L., Diaconu, A., & Sârbu, A. (2021). Digital Public Administration for Sustainable Development. European Journal of Sustainable Development, 10(4), 33–40. https://doi.org/10.14207/ejsd.2021.v10n4p3 Central Bank of Nigeria. (2013). Payments System Vision 2020. Release 2.0 – September 2013. Accessed from https://www.cbn.gov.ng/icps2013/papers/ NIGERIA_PAYMENTS_SYSTEM_VISION_2020%5Bv2%5D.pdf Cooper, R. B., & Zmud, R. W. (1990). Information technology implementation research: A technological diffusion approach. Management Science, 36(2), 123–139. Fichman, R. G., Dos Santos, B. L., & Zheng, Z. (2014). Digital innovation as a fundamental and powerful concept in the information systems curriculum. MIS Quarterly, 38(2), 329–A15. Gaus, J. M., & White, L. D. (1934). Public administration in the United States in 1933. The American Political Science Review, 28(3), 443–456. Gore, A. (1993). Reengineering through information technology: Accompanying report of the national performance review. Office of the Vice President. Homburg, V.  M., & Dijkshoorn, A. (2011). Diffusion of personalized e-­government services among Dutch municipalities: an empirical investigation and explanation. International Journal of Electronic Government Research (IJEGR), 7(3), 21–37. Hong, J. Y., Suh, E. H., & Kim, S. J. (2009). Context-aware systems: A literature review and classification. Expert Systems with applications, 36(4), 8509–8522. Janowski, T. (2015). Digital government evolution: From transformation to contextualization. Gov. Inf. Q., 32(3), 221–236. Kenhago T.  O (2002, September). The Cameroon Government Web Portal. Retrieved May 25, 2020, from http://www.egov4dev.org/success/case/camportal.shtml

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Kenya Revenue Authority. (2020, August 03). Have you tried out the new KRA M-Service platform? Retrieved May 24, 2021, from https://www.kra.go.ke/ en/media-­center/blog/900-­have-­you-­tried-­out-­the-­new-­kra-­m-­service%20 platform%20. Kohli, R., & Melville, N. P. (2019). Digital innovation: A review and synthesis. Information Systems Journal, 29(1), 200–223. Lee, J., & Berente, N. (2012). Digital innovation and the division of innovative labour: Digital controls in the automotive industry. Organization Science, 23(5), 1428–1447. Leuenberger, D.  Z. (2015). Sustainable development for public administration. ME Sharpe. Leuenberger, D. Z., & Wakin, M. (2007). Sustainable development in public administration planning: An exploration of social justice, equity, and citizen inclusion. Administrative Theory & Praxis, 29(3), 394–411. Linders, D. (2012). From e-government to we-government: Defining a typology for citizen coproduction in the age of social media. Government information quarterly, 29(4), 446–454. Muralidharan, K., Paul, N., & Sandip, S. (2016). Building State Capacity: Evidence from Biometric Smartcards in India. American Economic Review, 106(10), 2895–2929. Nairametrics. (2019). You will now bear the cost every time you use Remita to pay the Government. (accessed by 26th September 2021). Retrieved from: https://nairametrics.com/2018/11/02/you-­will-­now-­bear-­the-­cost-­every-­ time-­you-­use-­remita-­to-­pay-­the-­government/ Okeme, D. (2017). Remita and the Transformation of Public Financial Management in Nigeria. Retrieved April 19, 2021, from https://www.linkedin.com/pulse/ remita-­transformation-­public-­financial-­management-­nigeria-­david-­okeme/. Onyango, G. (2018). Devolution coordination and control of accountability reforms in Kenya. In A.  Farazmand (ed.), global encyclopedia of public administration, public policy, and governance. doi:https://doi.org/10.100 7/978-­3-­319-­31816-­5_3308-­1. Ostrom, V. (2008). The intellectual crisis in American public administration. University of Alabama Press. Osborne, S. P., Radnor, Z., Vidal, I., & Kinder, T. (2014). A sustainable business model for public service organizations? Owigar, J.  A. (2016). User-Centric Evaluation of Government of Kenya Online Services: The Case of iTax (Doctoral dissertation, University of Nairobi).

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Perry, J. L., & Christensen, R. K. (2015). Handbook of public administration. John Wiley & Sons. Sharon, S.  D. (2008). The Evolution and Continuing Challenges of E-Governance. Public Administration Review, 68, S86–S102. Singh, S. (2014). Towards understanding the process of e-Government application design in South Africa (Doctoral dissertation, University of the Witwatersrand, Faculty of Commerce, Law and Management, Graduate School of Business Administration). Talla, C. (2014). Cameroonians’ Perception of E-Government and Citizens’ Involvement in the Public Policy Process (Doctoral dissertation, Walden University). Thakur, S., & Singh, S. (2012, October). A study of some e-Government activities in South Africa. In 2012 e-Leadership Conference on Sustainable e-­Government and e-Business Innovations (E-LEADERSHIP) (pp. 1-11). IEEE. Tseng, P.  T. (2008). A study of e-government system effectiveness: applying structuration theory to context-aware ICT applications in public organisations. International Journal of Electronic Business, 6(4), 405–432. World Bank. (2016). World Development Report 2016: Digital Dividends. Washington, DC.  Retrieved June 23, 2021, from https://www.worldbank. org/en/publication/wdr2016. Yiu, C. (2012). The big data opportunity. Policy Exchange, 8, 1. Yoo, Y., Henfridsson, O., & Lyytinen, K. (2010). Research commentary—the new organizing logic of digital innovation: an agenda for information systems research. Information Systems Research, 21(4), 724–735. Ziyadin, S., Malayev, K., Fernández-Plazaola, I., Ismail, G., & Beyzhanova, A. (2020). Digital modernization of the system of public administration: prerogatives and barriers. In E3S Web of Conferences. 159, 05003. EDP Sciences.

10 Achieving Responsible Leadership and Governance in Africa’s Public Institutions Kemi Ogunyemi, Isaiah Adisa, and Robert E. Hinson

Introduction If the issues of public institutions in Africa are to be addressed using an increase in ethics and accountable governance, rhetoric is not enough. Rather, actionable recommendations for public sector performance need

K. Ogunyemi (*) Lagos Business School, Pan-Atlantic University, Lekki, Lagos, Nigeria e-mail: [email protected] I. Adisa Olabisi Onabanjo University, Ago-Iwoye, Ogun, Nigeria R. E. Hinson University of Ghana, Accra, Ghana University of Kigali, Kigali, Rwanda University of the Free State, Bloemfontein, South Africa e-mail: [email protected] © The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 K. Ogunyemi et al. (eds.), Ethics and Accountable Governance in Africa’s Public Sector, Volume II, Palgrave Studies of Public Sector Management in Africa, https://doi.org/10.1007/978-3-031-04325-3_10

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to be provided. Contributors to this book have attempted to respond to this need. Going by their recommendations, it would seem that the very culture of governance in Africa needs an overhaul for the public sector to be able to perform effectively. With regard to an overhaul, the contributors all agree that ethical behaviour is one critical area where there is a need for emphasis in the public sector. Taking the phrase “moral principles that govern a person’s behaviour or the conduct of an activity” (Oxford Dictionary, n.d.; Haron et al., 2020) as a simple description of the content of ethics and applying this to the public sector in Africa, the way to achieve responsible leadership, governance, and accountability becomes clear. Moral principles need to be put in place and imbibed, internalised, and applied in public sector institutions, systems, and activities by the people who work there. Again, according to some scholars, ethical culture is “the ethical quality of a work environment defined as shared values, norms and beliefs that can stimulate ethical behaviour” (Sami et al., 2016). If each individual applies moral principles, the ethical quality required for ethical culture would be more easily realized and ethical behavior would be peer-stimulated. While this topic is important in every sector of a country’s life and economy, there is a greater expectation in the case of people whose career consists in rendering public service. The expectation that public sector workers would display ethical behaviour proper to their offices is rooted in the appreciation that they chose to pursue a profession characterised by being repositories of public trust, occupying positions in which the people of their country have to place only trustworthy people who can selflessly use the power conferred on them to advance the common good of everyone. In this sense, even though properly speaking, one uses the word leadership to describe the executive arm of government, indeed everyone in the public sector is in a leadership position with regard to the common man and is given power over people or resources so that he or she can use these to serve the people. In situations where a conflict of interest arises such that the public official could choose to take an action that favours personal interest over the interest of the people he or she serves, the expected choice is that which serves the people. Else, the person would be betraying trust. For our purpose in this chapter, ethics in public service can be looked at through five (5) lenses: efficiency, accountability, fairness,

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responsibility, and independence (Amundsen & Pinto De Andrade, 2009; Britain & Bew, 2014). In each of these, conflicts of interest situations constantly come up, and the public official needs to have the strength of principle to put the common good above personal interests. Efficiency includes competence development and the use of time. Issues of lateness to work or shoddy work can be dealt with if efficiency is improved. Accountability is a logical expectation once one understands public service as service to the people. With an increase in levels of accountability, issues such as the diversion of public funds for personal use and flouting of laws could be curbed. With an enhanced sense of responsibility and fairness, public officials will use their time, paid for with tax-payers’ money, to enact laws that favour the people of their country and promote human flourishing and development. If people experience greater fairness in the system, many of those instances of social unrest that heighten national insecurity would be avoided. In many, if not all, African countries, oaths of office are well drafted and clear with regard to the requirements for ethical conduct and the need to moderate self-interest. In addition, detailed codes of conduct and ethics specify how to ensure accountability and good governance. For example, while in public service, officers are not expected to run private businesses.1 In some cases, they are permitted, as an exception, to engage in agriculture. This is to avoid not only the creation of general conflict of interest situations but also specifically the tendency to allocate contracts under their watch to companies with whom they are affiliated. In both cases, the divided attention carries the dangers of poor execution of their own primary responsibilities or poor execution of such contracts respectively. Weak handling of conflicts of interest could also manifest as appointment and employment of family members or acquaintances in spite of incompetencies in the public service. The resulting poor delivery and ineffective performance management of such hires affect the overall quality of the public service. These are good reasons to tighten any loopholes in existing codes of conduct and to encourage people to know them well and abide by them.  See Nigeria Public Service Rules, 2008 accessible from chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/viewer.html?pdfurl=https%3A%2F%2F; www.nama.gov.ng%2FPublicService Rules.pdf&clen=1550736&chunk=true 1

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For every institution (public or private), there are ethical standards that the people in the entity are expected to follow. Since it seems that, in Africa, public service workers often lack ethical behaviour or do not follow ethical standards, perhaps the standards are not always well spelt out in the institutional handbooks or procedures. To establish ethical standards to be followed in the public sector in any African country, there is a need to document what the standards are and ensure that every public sector worker has access to the document. Also, there is a need for a widescale reorientation among workers in the public service to emphasise the importance of following the ethical standards in the document. In addition, penalties should be attached to violations and these must be clearly spelt out. Furthermore, policymakers need to ensure that they follow the standards so that they can serve as examples to other members of the staff in the public service. In some cases, there may be a need to give a timeline for people to change, with a cut-off date set and publicised by which violators will be punished. As compliance to the standards may need a long period of time before it is demonstrated at significant levels, policymakers need to have a long-term mindset. At the same time, ethical behaviour can only become an integral part of public service if individuals act with integrity. This goes beyond the compliance requirement because ethics is more than simply following rules—human beings live in ever more complex realities and cannot wait for laws and other compliance mechanisms to dimension events of their lives before they make moral decisions. The above-mentioned lenses— accountability, efficiency, fairness, responsibility, and independence— constitute some of the indices to keep in view in order to build strong individuals in terms of responsibility and strong systems in terms of integrity in the public sector for the future of Africa. Without these, the promotion and enforcement of high standards of moral and technical excellence would be a herculean, if not impossible, task. In addition, the issue of leadership remains critical. To build responsible and sustainable public service systems, Africa needs leaders who will be committed to upholding these standards and ethics in the public service space. The African values of integrity, “omoluwabi” and “ubuntu”, can be embedded into the fabric of the society, and this must start with leadership from the public service. This consideration also brings to the

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fore the issue of the specific morality of leadership selection processes and performance evaluation for leaders. Leadership is undoubtedly a critical aspect of governance and accountable practices should include actions to ensure that the electoral processes that confer power on political leaders check that they have the right moral orientation. Auditing the institutional frameworks that elect leaders in Africa, to ensure that they are able to vet leadership aspirants for the right value systems, can help to build public institutions that thrive on integrity. Leaders are expected to model the behaviour expected from their followers—actions speak louder than words. They should therefore set a good example in terms of character and moral competence, technical competence to effectively carry out their roles, attitude to work, standards of behaviour, and uprightness in establishing and maintaining institutional frameworks. Leaders create institutions, and institutions in turn create leaders. The argument of this book is firmly rooted in the need to establish an institutional framework that supports responsible leaders who will create responsible and ethical institutions for the development of Africa. For research and policy direction purposes, some of the relevant issues and gaps evident from the reflections contained in the book chapters regarding ethics and accountable governance systems in Africa are presented in the next section. They are followed by further thought on the matter, generating a framework for action, and then the chapter concludes with recommendations.

 evealed Issues, Gaps R and Growth Opportunities From the narrative of the chapter contributors to the book, a few of the identified issues and gaps that could open up opportunities for policy direction when further evaluated are the following: 1. Using Ethical Theory to Underpin the Move Towards Ethical Governance In the work of Obella, Kwemarira, and Bob (Chap. 4), we see how the ethical theories of deontology and consequentialism can support

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practices that enable ethical behaviour. Kankindi (Chap. 6) takes this further by bringing in the third pillar of ethical theory—virtue ethics— which complements the other two and enhances the individual’s personal responsibility to take ethical decisions. These theories can already guide both education of individuals for character growth as well as serve as bases for strengthening governance systems and accountability structures. At the same time, across the continent, research initiatives into the development of optimal systems that serve the common good continue. 2. Moral and Technical Competencies Within the Local Governance Systems The issues that cripple governance systems in Africa may sometimes be seen at local levels of government administration. Nyikadzino (Chap. 3) emphasised that despite democratic governance in Zimbabwe and the review of the national constitution, governance at the local level is difficult. Local government administration is closest to the people and if governance is not demanded at that level, it would be difficult to attain it at higher levels. One of the imperatives therefore for achieving governance and accountability is to demand it already from local government leaders. For this to work, they must first be given the requisite training and upskilling to carry out their assigned job roles efficiently and effectively as well as the moral training and re-training regarding integrating ethics into their decision-making. While the former would enhance the ability to lead efficiently and confidently and take pride in the service, it is in the latter that the individual’s qualities of fairness and responsibility, accountability, and independence would be fostered and reinforced. If this were to be done in all local governments and their equivalents in all African countries, it would be a huge step taken towards proper governance on the continent. 3. The Key Role of Civil Society and Non-governmental (NGO) Actors Iwuala (Chap. 8) expounds on the fact that civil society actors and NGOs can contribute a lot to achieving better governance for the public sector. With social movements and institutions speaking up and serving as

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a watchdog to government activities, sensitivity can be raised. Civil societies have always been part of the history of various African nations. Their ability to mobilise the general public towards fighting against poor governance systems will be an added advantage in the quest towards accountable and ethical governance practices in Africa. They can call for heightened efficiency whenever there is laxity as well as spot and highlight those areas where there can be greater fairness, more accountability, greater transparency, and so on. In this way, they can spur the leaders and the whole public service to greater heights with the aid of their interventions. 4. The Trust-Gap and Anti-corruption Initiatives A lot has been invested into establishing anti-corruption agencies as well as generally into the effort to curb corruption. These need to continue but with increased levels of fairness, transparency, and ability to act independently. The rhetoric of incoming African governments often includes anti-corruption agendas since everyone knows that it is a problem that must be eradicated or at least significantly curtailed. The challenge is the implementation of good intentions after the leadership comes into office. Besides, trust between the government and the governed is affected by the success or failure of anti-corruption initiatives—by whether they yield their expected outcomes. The more the promises that are kept, the greater the public trust that is earned. If the promises are not kept, corruption indices again grow and very often, the integrity of the public sector (and therefore their ability to deliver true public service) is negatively affected. Chapter 7, by Mamman-Muhammad and Okpara, offers some insights in this regard, covering eight African countries. It is to be hoped that when and where governments’ anti-corruption initiatives begin to yield effective and positive outcomes, without bias, in Africa, the public’s trust in the governance of the corresponding public institutions will be gradually restored. 5. The Value of Digitisation Digital tools and techniques are increasingly becoming important work tools for the public sector. This is because digital technologies offer public institutions the opportunities to expand their performance

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outcomes by delivering service swiftly, accurately, and effectively and by reducing the situations that could easily lend themselves to misuse of power or other types of corrupt behaviour. Chapters 5 and 9 (Ogah and Nwokolo; Makubi and Issa) have much to say regarding the possibilities of leveraging digital empowerment for achieving governance as well as the concerns for leadership to watch out for in embracing these tools— issues of privacy, confidentiality, values congruence, and so on. With digital tools, a lot of services can be rendered electronically without people travelling to physical locations. This also serves to extend the reach of good governance throughout the country efficiently, fairly, and with independence from any inappropriate pressure groups. It is in this way that digital innovation can empower African nations to take longer strides in the drive to contribute meaningfully to improving their people’s lives and thus towards sustainable development. Building on these ideas that should generate both practical and researchable outcomes, the following specific suggestions are teased out from the chapters (Table 10.1):

 ctionable Framework for Leadership, A Governance and Accountability in Africa To end this volume on ethical practices and accountable governance, we propose a framework for action that could guide the path of leadership for responsibility and accountable governance in African countries, especially for the public sector. This framework has six actionable paths, as depicted in Fig. 10.1 below: The first actionable path is the process of leadership election in Africa. The process appears to be one of the major challenges to public sector performance in many parts of Africa. Leaders who are not freely and fairly elected tend to suffer from an inability to demand performance from the people in public service who are expected to co-lead the country with them (Klašnja, 2015). The process in each affected African country must be revisited for her to have leaders that would promote efficiency, fairness, accountability, independence, and so on. A leader who has gone

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Table 10.1  Suggestions from chapter contributors Chapter

Title

Chapter 2 Challenges to Building Ethics in Public Service in Africa

Chapter 3 Corporate Governance in Zimbabwe’s Local Authorities: A Void in the Devolution Path Chapter 4 The Role of Ethical Orientation in Promoting Project Performance in African Universities Chapter 5 Managing Tanzania Public Service Integrity in the Digital Era Within a Governance Framework: Opportunities, Challenges and Future Needs Chapter 6 Which Ethics for Building Public Service Ethics in Africa?

Chapter 7 Imperatives of Anti-­ corruption Initiatives in Enhancing Public Service Delivery in Africa

Chapter 8 The Role of Non-­ governmental and Civil Society Actors in Public Sector Ethical Compliance Chapter 9 Digital Innovation Towards Sustainable Public Sector Administration in Africa

Suggestion Public servants should be trained periodically on what ethical conduct means in their day-to-day activities in public service. Individuals in the public service should be employed based on merit and good character and not through nepotism or other bias. Corporate governance structures in local authorities need to be re-engineered in Zimbabwe and perhaps in other African countries. The recruitment of employees who have a proven ethical background will enhance project performance in the different projects of public universities. Governments need to reassess and redesign some integrity policies to address the emerging concerns and ensure confidentiality of official information in the digital era. African leaders should research local/ indigenous ethical standards that speak to the kind of common good African people need and build on them. Anti-corruption initiatives must be inclusively comprehensive, and adoption and deployment must include innovative governance where data is open; public administration is transparent; and public officials are fully accountable. Civil society organisations should be more involved in political governance. African leaders must be proactive in exploring how digital technology innovation can be used to address existing market failures in Africa.

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True leadership election

Public trust promotion

Civil societies Incorporation

Actionable framework Sanctions for erring public servants

Digitisation promotion and adoption Ethics training for public servants

Fig. 10.1  Framework for action to achieve responsible leadership and governance. Source: Authors

against these values to get into a position would find it difficult to ask for them from his or her cabinet or from the public sector. When the electioneering process is corrupt, the leaders of such a process also tend to be corrupt and to promote and replicate similar unscrupulous processes around themselves. Thus, the first step to development through governance is to ensure that free and fair elections are conducted and that leaders emerge based on merit. The second step is to incorporate civil society and non-governmental organisations in the process of governance and let them serve to provide checks and balances for governance activities. Civil society entities and NGOs are known for their ability to move for change without political

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bias (Carr & Outhwaite, 2011; Omotoye, 2016). Thus, they foster fairness, transparency, and accountability in the system and they help to push everyone towards effective performance. Allowing civil societies to be part of the governance system will enable leaders in different arms of governance and in public institutions to be properly monitored in the delivery of their services. Civil societies usually see themselves more as the mouthpiece of the people and are able to represent the interest of the masses rather than the government. This gives them a good platform to help Africa achieve better governance in public service administration. The third path is to promote and adopt digitisation in the administration of public services. Digitisation will help reduce the cost of running public institutions in Africa while also improving service delivery and facilitating governance. Through digitisation, public organisations can meet the need of their citizens with less stress and fewer bottlenecks and process failures. Adopting digitisation will also reduce the exposure of government officials to conflict of interest pressures and ensure more fairness in the allocation of opportunities and contracts as well as efficiency in supervising and tracking public projects. Accountability is additionally enhanced when systems are electronic since public funds and payments can then be more easily monitored and traced (Adam & Fazekas, 2021; Demuyakor, 2021). The fourth is to train public servants on using ethical principles to guide their actions. Training public servants in the practice of ethics will provide an increased moral orientation for them and foster compliance. They will also be better able to provide a good example for one another and mutually reinforce one another’s character in cases where colleagues might have doubts about undertaking specific causes of action. In addition, it would make the codes of conduct, and ethics work better since everyone would have a greater awareness of their contents and could also bring inputs from the people themselves about how to review those codes to achieve higher levels of integrity and compliance as the work landscape changes due to new realities such as the technological advancement, globalisation, and pandemics. The fifth point is about tightening compliance such as ensuring there are consequences for unethical behaviour by public officials. Consequences serve as deterrents to others who might have otherwise also engaged in

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unethical acts. This last piece of the framework joins the others to increase public trust in the governance system. When the people trust their governments, it is easier to make policies that will be adhered to by everyone governed and so to achieve developmental aims and outcomes in a sustainable way.

Conclusions There are many opportunities to advance in the journey towards responsible leadership and governance in African countries. Since proper governance begins with electing responsible leaders through free and fair electoral processes, this is one of the areas to watch. Independent NGOs and civil society groups help to watch these and other processes relating to public service delivery, and to keep the public sector accountable. Anti-corruption initiatives also need to continue to be strengthened so that they can effectively raise everyone’s standards and confirm public trust that the governments mean what they say when they promise fairness and accountability for the system. Everyone is encouraged when the people who work in the government’s institutions practice integrity in their service to the people. Finally, digital technology can be leveraged to phenomenally enhance service delivery, service reach, and governance.

References Adam, I., & Fazekas, M. (2021). Are emerging technologies helping win the fight against corruption? A review of the state of evidence. Information Economics and Policy, 57, 100950. Amundsen, I., & Pinto De Andrade, V. (2009). Public Sector Ethics. Compendium for teaching at the Catholic University of Angola (UCAN). Center of Studies and Scientific Research (UCAN), Chr. Michelsen Institute (CMI). Britain, G., & Bew, P. (2014). Ethical Standards for Providers of Public Services. Committee on Standards in Public Life.

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Carr, I., & Outhwaite, O. (2011). The role of non-governmental organizations (NGOs) in combating corruption: Theory and practice. Suffolk UL Rev, 44, 615. Demuyakor, J. (2021). Ghana’s Digitization Initiatives: A Survey of Citizens Perceptions on the Benefits and Challenges to the Utilization of Digital Governance Services. International Journal of Publication and Social Studies, 6(1), 42–55. Haron, H., Jamil, N. N., & Ramli, N. M. (2020). Western and Islamic Values and Ethics: Are They Different? Journal of Governance and Integrity, 4(1), 12–28. Klašnja, M. (2015). Corruption and the incumbency disadvantage: Theory and evidence. The Journal of Politics, 77(4), 928–942. Omotoye, A. M. T. (2016). An Overview of the Role of Non-State Actors in preventing and Combating Corruption in Botswana: Challenges and Opportunities. Public Administration Research, 5(2), 6–18. Sami, A., Jusoh, A., Mahfar, M., Qureshi, M. I., & Khan, M. M. (2016). Role of ethical culture in creating public value. International Review of Management and Marketing, 6(4S), 255–261.

Index

A

C

Accountable practices, 2 Adopt digitisation, 179 African Public Administration, 106 African Union Commission Charter, 18 Africa’s Public Sector, 2 Anonymity, 25 Anticipatory digital public services, 154 Asset Forfeiture Unit (AFU), 119

Channels of communication, 149 Civil society and non-governmental organisations, 178 Civil society organizations (CSOs), 132 Co-created digital public services, 155 Code of Ethics and Conduct and the Leadership Code of Ethics Act, 72 Code of Ethics and Conduct for Public Service, 70 Codes of Ethics and Codes of Conduct, 89 Commercial gain, 19

B

Beyond the household, 131 Breeding ground, 35

© The Author(s), under exclusive license to Springer Nature Switzerland AG 2022 K. Ogunyemi et al. (eds.), Ethics and Accountable Governance in Africa’s Public Sector, Volume II, Palgrave Studies of Public Sector Management in Africa, https://doi.org/10.1007/978-3-031-04325-3

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Concealment, 107 Constitutionalisation, 31 Constitution of Zimbabwe Amendment, 32 Context-aware digital public services, 155 Context-smart digital public services, 156, 157 Convention Against Corruption, 85 Corporate governance, 32, 33 Corporate governance frameworks, 34, 35 Culture of integrity in government, 86

E-governance, 150 Ethical behaviour, 170 Ethical orientations, 59 Ethical standards, 86–92, 95, 98, 100, 101 Ethical values and principles, 20 Exploitation, 151 Extractive governance, 92 F

Faith-Based Organizations, 137 Foreign institutions, 86 G

D

Deconcentration, 34 Deontology, 58 Digital-aided channels, 76, 77 Digital and physical components, 151 Digital era, 69, 70 Digital innovations, 151 Digital public service programmes, 149 Digital technologies, 69, 81, 82 Digital transformation, 153 Directorate for Priority Crime Investigations (DPCI), 119 Directorate of Public Prosecutions (DPP), 120 Downward slope, 21

Government of Zimbabwe, 33 H

The Harare City Council, 37 Human interaction, 131 I

The ideological marketplace, 133 Illegitimate political leadership, 4 Impartiality, 25 Independent Corrupt Practices & Other Related Offences (ICPC), 113 Institutional theory, 109 Intrinsic ethical values, 20

E

L

Economic and Financial Crimes Commission Establishment (EFCC), 113 Economic production processes, 105

Laws, Policies, Regulations and AntiCorruption and Ethics Promotion Institutions or Departments, 71 Leadership, 172, 173

 Index 

Leadership election, 176 Leadership framework for good governance, 7 Legal frameworks, 86, 88, 90, 95–96, 98, 99 Local government, 32 M

Makerere University, 56 Merit, 25–26 Millennium Science Initiative project, 56 Moral principles, 20, 170 N

National Anti-corruption Bureau, 70 National Conference, 137 The National Democratic Congress (NDC), 140 National Prosecuting Authority (NPA), 119 NEPAD countries, 110 The Nigerian Labour Congress (NLC), 143 Non-partisans, 16

185

Personal ethics, 20 Personalized digital public services, 155 Political neutrality, 25 Political party, 16 Pre‐existing solution, 152 Professionalism, 60 Public institutions in Africa, 169 Public Leaders Code and Public Service Code of Ethics and Conducts, 72 The Public Procurement Regulatory Authority (PPRA), 71 Public servants, 19, 20 The Public Service Act, 70 Public Service Integrity Management Framework, 71 Public universities, 55 R

Respective localities, 34 Responsible and sustainable public service systems, 172 Responsiveness, 34 Results-Based Management, 38 The rule of law, 21

O

S

Official secrecy, 25 Organisation for Economic Cooperation and Development (OECD), 86, 88–90

Self-generating, 132 Shared values, 170 Socio-economic disparities, 87 The South African Police Service (SPS), 119 Special Investigating Unit (SIU), 119 Stereotype-style articulation, 4 Strengthen accountability, 34 Strong institutions, 1 Subnational governments, 34

P

Participatory digital public services, 154 Permanence, 25

186 Index T

Tanzania Public Service, 70 Technological opportunities, 152 Teleology, 58 The Trade Union Congress (TUC), 143 Train public servants, 179 Transparency, 34, 60 Transparent digital public service, 153 The trust-gap and anti-corruption initiative, 175

United Nations Development Programme (UNDP), 88–90, 135 Uphold integrity, 19 W

Weak internal controls, 32 Weak professional ethical, 56 Whistleblowing system, 8 Z

U

Underqualified councillors, 32

Zimbabwe National Roads Authority (ZINARA), 41, 42 Zimbabwe’s local authorities, 32