The gap between law and morality is harming Namibia.

"While law and morality are obviously related, its important to understand that they are not the same thing. Once we understand that, we will come one step closer to building the kind of society we all want, but cannot seem to achieve," Professor Rossouw comments.

Morality is relatively hard concept to define, but it is safe to say that it relates to a set of ethical standards that is generally accepted by a society, a religious group, an organisation or indeed, an individual. Such a set of ethical values is appropriated by the individuals within the group or society and is used to govern how those individuals behave. In a sense, it operates like the Constitution does, providing a conceptual moral framework that can be used to establish the 'right' choice within specific contexts. A moral code, like a set of constitutional principles, does not try to cover the specifics of every eventuality; rather, it provides the principles that an individual or society can use to decide what course to follow in each situation.

Law attempts to regulate the behaviour of a country's citizens to achieve stability and prosperity, facilitate commercial relations, resolve disputes and so on$.$ Morality, on the other hand, speak to a standard to which most people strive. $"$It is perfectly possible for an action to be lawful but of questionable morality." The example that immediately springs to mind is Nkandla $($private residence of ex$-$president Zumal and we have already seen ex$-$President Zuma offering legality as 'proof' that he has not acted wrongly. The point here is that 'lawful' does not equate to 'right', and it seems clear that even though a legal process found him not guilty of breaking any applicable law, society

considers that he acted immorally or wrongly in allowing so much money to be squandered on his private residence."

Another example is the purchase hugely expensive cars by certain ministries. The argument is that these purchases fall within the ministerial guidelines $-$ the 'law' in this case. However, public opinion tends to hold that such expenditure is morally wrong, Given the extreme poverty in the country and the often$-$stated commitment to alleviate poverty.

The business world, of course, is rife with the same sort of contradiction. Companies may operate within the applicable laws, but still be acting immorally, such as when a company's perfectly lawful activities degrade the environment or put its employees at risk. The attempts by miners to get compensation for being affected by uranium oxide is an example of an attempt to apply broad moral standards to operational standards that are within the law.

Or$,$ in family life, a parent might not be transgressing any of the law that seek to protect children, yet he$/$she may act in an immoral way. For example, a parent could destroy a child self$-$esteem through constant belittling. In another case, a parent might provide adequate food and shelter for his or her children but deny them access to greater opportunity by overspending on gambling or alcohol$/$drugs$.$ All perfectly legal but, we all agree$-$immoral.

"Once we have understood this distinction between legality and morality, we still must confront another challenge: developing a moral code that is widely accepted as a basis for behaviour, and this is something that can act as a yardstick for behaviour. Our challenge is that morality tends to emanate from amongst others, religious and cultural systems, and we have a plethora of both in our country," Professor Rossouw says.

One positive is that most of the of the world's great religions share many basic moral tenets Christianity, Judaism, Hinduism, and Islam are all well represented in Southern Africa. This 'universal morality' could b combined with African philosophies, such as ubuntu, to create a moral code that all Namibians could use to self$-$regulate their actions.

Questions

Do you agree or disagree with the statement that there is a gap between law and morality in Namibia? Substantiate your answer by providing examples.

What steps can organisations take to ensure alignment between moral standards and operational standards?

$(10)$

Debate the value of developing a moral code within an organisation to self$-$regulate behaviours. Do you think there is a universal morality that could form the basis of a moral code? $(15)$

Think of political leaders in Namibia $-$ can provide examples of strong moral leadership? What do you think are the principles of moral leadership?

$(10)$