Abstract
This article uses dr. Henry Wright’s model of spiritual healing as an analogy to highlight South Africa’s moral decay and the possibility of its restoration. Wright’s model advocates for the restoration of three essential human relationships to effect both physical and spiritual healing. These relationships may be analogically applied to any distressed society. These are the relationship with one’s Creator, with oneself, and with fellow human beings. Wright further likens the identification, spreading, diagnosis, and healing of spiritual disease to a tree: If the roots are restored to health, the branches will likely be healthy, and the tree will bear healthy fruit. Thirty years after the dawn of the South African democracy, the bitter fruits of our “democratic tree” include alarmingly high levels of corruption, violence, a lack of basic service delivery, impunity for crime, and many more societal ills. This reality has not only reinforced the importance of a legal ethics module in the LLB degree programme, but also evoked thoughts on how, and particularly what, should be presented in such a module. Young people, including law students in particular, are constantly exposed to news and social media reports of the high incidence of these societal scourges. Moreover, many of our students live in environments where they experience extreme poverty, violence, crime, corruption, poor service delivery, and inequality first-hand. Many students may justifiably feel hopeless and even angry that, despite the lofty foundational constitutional values offered to them in modules such as Constitutional Law, these values have little to no real impact on their and their families’ lives. They are furthermore exposed to public statements by high-ranking public figures that often include racial attacks, racial slurs, the denigration of the Constitution of South Africa, and witness the ever-increasing culture of impunity in the communities they come from and in the country at large. Individual accountability for crimes and immoral conduct is often absent or perceived to be absent. It is therefore likely that, for students, a module on professional conduct and legal ethics may be seen as just another attempt to impart colonial and Western concepts and knowledge that seem far removed from their lived reality. However, the diversity of our law student body may contribute to a highly effective, valuable, and reflective experience in a legal ethics module if it is planned and presented with respect for diversity and human dignity. No one in South Africa is unaffected by the moral decay in the country, and the legal ethics module may well serve to persuade our next generation of legal professionals to commit to mutually shared values and norms that will ultimately benefit the South African society as a whole.
A legal ethics module (which should form part of all LLB degree programmes in South Africa) must be presented honestly and robustly, discussing the bad fruits (negative consequences) of moral decay in society and the reasons behind its occurrence. Students want to contextualise what they are taught and will feel part of a process aimed at restoring values and norms to which they can relate. The article will follow the following structure: first, it explores the moral frameworks of the various cultures that make up the diverse South African society. By doing so, students may experience pride in their cultural roots and recognise that the cultural diversity in South Africa can achieve educational objectives far greater than any pursuit of individual gain. Next, the article addresses South Africa’s constitutional imperatives for morality, to demonstrate to students that South Africans have no excuse not to recommit to a sound moral framework that benefits society. We therefore possess the necessary resources to redirect, rediscover, and rejuvenate our moral compass. A frank discussion of the symptoms of moral decay – such as a sluggish economy, social vulnerability, corruption, an excessive focus on racial/party solidarity, and a lack of accountability – follows, set against the backdrop of concepts such as constitutionalism and constitutional morality. William Gumede, a South African academic known for his candid discussions on moral decay in South Africa, is a key source in exploring the current moral context in the country. A discussion of moral decay and the need for its rejuvenation offers law students a deeper understanding of the consequences of immorality, perhaps reinforced by their own lived experiences, and contributes towards an understanding of the urgent need to reverse this decay. The legal profession is primarily one of service to the public. Legal practice, in whatever form, is part of the administration of justice. Respect for the rule of law and its foundational role in any healthy and prosperous society is indisputable. However, students must be persuaded to “own” the reasons for the imperative value of the rule of law. It can only happen if they are convinced that the moral underpinnings of the law in South Africa are just and fair, resonate with their own cultural heritage, and can be enriched by the country’s cultural diversity. Furthermore, the legal profession is characterised by being subject to disciplinary codes, which serve the primary purpose of providing moral and ethical guidance and ensuring accountability of its members. Accountability should not be presented merely as punitive or vengeful, but rather as a corrective measure consistent with the African notion of restoring societal relationships that were disturbed by errant individual conduct.
The article concludes that, in teaching legal ethics, lecturers should be honest when discussing South Africa’s moral challenges, but should also do so in the spirit of the Constitution and Ubuntu – that is, with respect, humility, and dignity. This implies moving away from assuming the moral high ground or using a “moral barometer” by referencing either the pre-1994 injustices or the moral decay over the past 30 years as explanations for the current level of immorality in South African society. Continuing to do so in our public discourse only keeps us going in circles, never breaking free from the negativity that ultimately contributes towards the host of societal ills.
The legal profession, furthermore, in its broadest sense, is foundational in ensuring that the South African Constitution, along with its norms and values, is protected, and that we develop a uniquely South African framework of morality. This framework should underpin the objectives and outcomes of presenting a legal ethics and professional conduct module as part of the LLB programme. This module is, therefore, a key platform for initiating a conversation on ways to rejuvenate morality, principles, and values in society.
Keywords: accountability; constitutional morality; constitutionalism; corruption; cultural diversity; legal ethics teaching; LLB; moral framework of the Constitution; racial and party loyalty; symptoms of moral decay; traditional Western, African and Eastern social welfare
- This article’s featured image was created by Daniel Watson and obtained from Pexels.