Opinion | The roles of ethics in society

By Professor Simon El hag Kulusika

OPINION, JANUARY 26^th 2023 (SUDANS POST) – Relations between individuals are guided by certain common moral principles. These moral principles are called generally as ethics, moral values, code of conduct, or standards of behaviour. They pervade the fabrics of all human societies. Which societies may be called traditional, or less elegantly as “primitive” societies, in contradistinction to the so – called modern societies. Where high technologies are the most notable features, and democratic system of governance predominates the politics of the nations of the world, with exceptions, here and there.

IMPORTANCE OF ETHICS

1. Modern Societies

Moral principles, or ethics are important in the realms of politics, economics, law, medicine, engineering and other fields of  knowledge. There is medical ethics. Engineering professions ethics. Legal professions ethics, for practicing lawyers, lawyers on the Bench, or lawyers at the Attorney – General’s Chambers. In addition, to lawyers at the Public Prosecuting Authority. There also is business ethics, research ethics, and so on. They instill discipline, commitment to the tasks, honesty in the performance of certain functions, even if the performance would benefit enemies. They, if properly adhered to, can ensure transparency and accountability. It was the failure to observe standards of behaviour that caused former president J Zuma his job at the Union Building, in SA. The same may be said about the former prime ministers of Pakistan and UK, Imran Khan and B Johnson, respectively.

Moral principles have high levels of impacts. It’s due to this that moral principles have been nurtured and have become conventions. They have been enshrined in constitutions of nations, institutions and organisations. They have been codified and embodied in official instruments as Codes of Conduct. Used by political parties, institutions, organisations, business enterprises, the military and the Police and Correctional Services, and many other entities. Where discipline, honesty and self – sacrifice are highly demanded.

Members of those bodies do not raise questions about the validity of moral principles, as amplified in the documents referred to. Violations are rare. When they occur, they may attract condemnation, and possible imposition of sanctions. Such sanctions have not been effective, as they failed to prevent violations, especially, in cases of high profile persons, who might have been involved. That is one, or some, of the weaknesses in law. Especially its enforcement in certain jurisdictions. Where the Judiciary is weak, or it’s made to be weak.

1. Tradiyional Societies

Studies have shown that traditional societies, in contrast to modern societies, accord greater respect and observance of moral principles. Violators are few, because of fear of identification, and possible shaming. If the violator is an outsider, he/she may face the Judiciary. Or the council of the King (eg, Zande, Shielluk, Ma’di, Acholi, etc), as the case may be.

In societies where there are no recognized leaders, the clan members will quickly choose one of their number to be a temporary leader and take over the case of the violations of moral principles for adjudication in accordance with standing traditions claimed to govern the issue(s) at hand.

Traditional societies are belittled by claims that they have no laws, rules, procedural rules and ratio decidendi. A classical anthropologist, sociologist, or a contemporary specialist in traditional, social and political organisation may disagree. They will inform the ill – informed claimant that traditional societies which some refer to as “Ahaali”, means derogatically  “primitive” societies who live in the village, have complex ethics that organise relations within those societies, comparable to ethics of modern societies.

CUSTOMARY LAWS

A person (T) who spends all his/her life time in the village might not have the chance to go to school. Because there was no school in the village, or near the village. T had to go to a Bush school about ten Kms away from the village. Literally it was not accessible to all children in the villages 10 Kms away, from the Bush school, which was just a learning ground under a big tree. Hence, the name “Bush school”.

This writer received his rudimentary instructions in Lotuka language under a tree in Torit. Torit was a small District HQs, under a District Commissioner (DC), a White man. Most likely he was a British citizen. He was assisted by an ADC, a brrd skin man from northern Sudan. Most likely a Nubian or Dungulawi. Or he could have been an Egyptian. Since Egypt was a partner in the government of Sudan as from 1897 to 1953. The senior Mamur was a black man. He was called Siricio Iro, a future member of the Supreme Council of State of Sudan. Next to the senior Mamur, was sub – Mamur. He was called Paul Ashire, an Acholi (Choli). The Military boss was an Arab from the north. A clear indication that Sudanization was in full progress. This necessitated the departure of the British DC in April 1953.

Some Bush schools were not accessible to those living in villages even if not far away. But T despite lack of formal education, understands the general principles of customary law that bind the community members of the village. They would appear to abide by them and observe them in dealing with one another at the levels of families and clans.

Few examples will suffice to illustrate the binding force of moral principles, rules and procedural guidelines. Which have become through long practices to be called customary laws.

In a village setting, a married man does not mess up with the wife of another man. Traditions and daily practices prohibit such unethical behaviour.

Two explanations are usually advanced as deterrence. The elders would argue that having an affair with the wife of another would interfer with marital relations between man and his woman. If not managed carefully, may lead to break down of the matrimonial home. Secondly, it’s claimed that a man having an affair with someone else woman might generate enimity between themselves and might affect harmony amongst villagers. As each man will become apprehensive of the intentions of the man whose house is not far away. Thus, the cordiality of village life will be destroyed. Even the payment of compensations the headman might imposed on the ravaging womaniser might not heal the scars of hurt to family honours. A very dear thing for honest and decent village dwellers.

Another unethical act that the villagers try to avoid is theft. It’s the most detested offensive act at villages. A man who steals a goat from another is usually viewed as being possessed by demonic spirits. Villagers will refrain from having any kinds of relation with him. He becomes an outcast. Even his wife and family members will face hostility from the rest of the village communities. This man will be forced to relocate to a far-away area where he has some relatives who are not aware of his misdeeds. Here one can see the power of ethics and its impacts on the people in the villages. They must behave ethically, and must act honestly and in transparent manner.

Villagers dislike false pretenses tricking people out of their personal property, with fake promises that they will grow in value over a few days. When the day of reckoning arrives, the person in question begins giving mundane excuses. Such a person will be rejected by the villagers. They may compose sarcastic songs against him. To belittle him in the village, forcing him to flee with his family (if any).

In all villages across SS, in particular in Ma’di lands, a man or woman who is suspected to be using witchcrafts, or using poisons to eliminate young men and women will not only be cursed, but in extreme cases, will also be hunted and killed. A man, or a woman of this type is treated as an evil, who celebrates the death of someone they had murdered. Strangely, some villages in the Ma’di areas would seem to tolerate such persons, even if there were compelling evidences the accused were involved in witchcrafts and the manipulation of poisons to eliminate young men and women, or any persons of any age, simply due to envy.

CONCLUSION

Human beings should act towards one another as brothers and sisters having common destiny. They should support each other. Especially, persons who are vulnerable, or in need of assistance, material, or something else. Treating the weak with compassion, is a duty on all able body persons. Kind giving is not measured quantitatively, but simply qualitatively and symbolically.

In politics, moral principles should be relied upon in organising and operationalising political parties. So that political parties can respond timely to cries of citizens for change and radical economic transformation. In the politics of African political parties ethics would appear to play secondary roles, when the interests of the ruling elites are at stake. This is disappointing, because political parties are presupposed to serve the interests of the larger communities. Not parochial interests as the continent is witnessing presently.

The author is a professor of laws at Zambia Open University. He can be reached via: simonkulusika@gmail.com.

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