My Ethical Debate About Bribery to Benefit a Project in South Africa

ENGR 0011, T/Th 6:00 pm L01 My Ethical Debate about Bribery to Benefit a Project in South Africa

E. Anna Thomas ([email protected])

THE SCENARIO THE SITUATION IN SOUTH AFRICA

I am currently working for an international engineering My first step in my decision making process would be to firm which is based in the United Stated, but it is involved in research who this job would benefit and what it would entail. projects all over the world. These projects range from This means that I must find information about Solar Power building lightweight thermal shelters for artic exploration to in South African and the nature of bribery and corruption in installing underwater power line from island to island. My South Africa. firm has just accepted a new job which involves building solar power plants throughout rural South Africa. Bringing SOLAR ENERGY IN SOUTH AFRICA solar power to these regions is paramount in improving the quality of life for millions of people. The sun is a very versatile energy source. It is free and I was recently called into the office of my boss. She available to everyone. This makes it the ideal fuel to power offered me the job of being project manager for a very large the development of third world countries. Social scientists portion of the project in South Africa. This job would say that “Moving out of poverty involves shifting away involve a substantial raise in pay and I would go live in from dirtier and less convenient fuels and obtaining access to South Africa for 2 years in a very nice house completely electricity, as well as keeping down the total monetary paid for by my company. I am thrilled with the offer because expenditures on energy” [1]. Imagine a world where even I always dreamed of living in another country. In addition, I the most remote villages in Africa had accesses to would improve millions of lives and do so in an electricity. Quality of life would increase exponentially. environmentally conscious way. I became an engineer for a Education would be available through the internet. Doctors job like this! from across the planet could remotely diagnose illnesses before they became an epidemic. Modern medical devices THE PROBLEM which need a power source could be more easily used. People would also be able to live with all of the amenities There is a problem with this dream job. Corruption is electricity brings. Many new jobs would be created in the very deeply engrained in the government of South Africa. field of generating this electricity and using the technologies As a result, a project of this scale would not come to fruition which it enables. What if all of this power came from a clean without a great many bribes being paid. As project manager, energy source such as sunlight? Governments of Third I would be the one to pay these bribes. World countries where many citizens live without access to I would endanger my entire career if I was caught paying electricity are beginning to invest in solar energy to improve bribes. I would tarnish my own conscience even if I was not the lives of their citizens and the potential of their economy. caught. However, I would be benefiting millions of people South Africa is one of these countries looking to increase without access to clean water or electricity. If I took the job its reliance on renewable energy sources. Solar power is and refused to pay the bribes, this important project would renewable resource of choice because South Africa receives fail. I would be a disgrace to my firm and never be trusted a great deal of sun. South Africa’s Department of Renewable with such an important job again. My firm would be fired Energy states that “The annual 24-Hour global solar from the project and another firm would be hired. The radiation average is about 220W/m2 for South Africa, project manager of this new firm may be willing to pay the compared with about 150W/m2 for parts of the USA and bribes. But this would have large delay in the completion of about 100Wm/2 for Europe” [2]. South Africa is using its the project and the people without power would be left current solar energy generating capabilities for a very waiting. If I refuse the promotion, another engineer would specific purpose. South Africa has a program in place which take my place. I would have a clear conscience, but my uses solar power to generate energy predominantly for the career advancement may be slowed. Also the fate of the purification of water in rural locations [2]. This program is people of South Africa would be beyond my power to crucial to public safety because one of the main concerns in influence. South Africa is accesses to safe drinking water in remote Should I take the job and pay the bribes while benefiting areas. According to the 2011 South African National Census my own position and the quality of life of millions of South 4.5 million people do not have access to clean water [3]. Africans? Or should I decline the promotion and carry on as Solar power will be key in improving the standard of living with my morality unpolluted by bribery? for people throughout South Africa by helping to bring safe drinking water to those without. The rest of Africa must

University of Pittsburgh, Swanson School of Engineering October 29th, 2013 E. Anna Thomas follow South Africa’s example. It is estimated by CNN that both cases we were obligated to pay the fee, or bribe, so that over half of African countries experience daily blackouts [4]. our trip would not be disrupted. This is also not just a trick In 2012, The UN Environment Program reported that all of for foolish tourists. I talked to a South African family who Africa must increase power generation capacity by 7000 informed me that they kept aside money specially to deal MW per year. The report said that, unless this goal was met, with situation such as this. They said that they were getting “half the population of sub-Saharan Africa will be without so tired of it that they were moving to Canada in a few power in 2013” [4]. Solar power can help meet Africa’s weeks. My personal experience in South Africa showed me growing need for power while improving the quality of life that corruption and bribery is a commonplace occurrence and economic capabilities of the entire continent. there. Statistics support my personal experience. This information leads me to believe the brining solar power to South Africa will be a vital step in the future of the MY INITIAL REACTION company. Not only will my project increase the quality of life for millions of South Africans, but it will also directly One day, I believe that solar power will become so widely and indirectly generate thousands of jobs and help to used that there is no such thing as “being off the grid”. stimulate South Africa’s economy. Indeed, I hope that there will be no such thing as being on the grid. Each building or community will be equipped with CORRUPTION IN SOUTH AFRICA the technology to produce enough solar power to run itself independently of outside power sources. This way no Before I begin to describe my investigation into the mistake could to lead to an entire region blacking out. There practice of corruption in South Africa, I would like to clarify would be no electricity bill aside from the installation fees of a few points. First, when I say corruption is a cultural norm, windmills and solar panels. This world would be a place I am not condemning the culture, only pointing out how it where the fossil fuels were the fringe energy sources and not differs from my own. Secondly, I am not saying that there is the clean energy. no corruption at all here in the United States. The corruption After my investigation of the needs of solar power and here may just be better hidden and publicly condemned. the presence of corruption in South Africa, my initial Thirdly, I do not intend to say that every person in South impulse is as follows. I believe I should take the job. First, Africa practices corruption. As in all large groups, relatively and also least important, this job will be very beneficial to few individuals can be responsible for the image of the me because of the raise in pay and I will get to live in entire group. Fourthly, I am trying to be aware of cultural another country. Second, construction of the solar power relativism as look at the South African culture. plant will benefit millions of people. I value my own It may be easier to describe cultural relativism with a integrity less than the benefits this project will bring. Third, historical example. In Ancient Sparta, children were taught from what I can tell, bribery is very deeply ingrained in the to steal from others. If caught, they were beaten, not because culture of South Africa. It is not wrong there, it is the norm. they were stealing, but because they were caught stealing. It would be futile for me, one foreigner, to fight against a This practice was vital in Spartan Culture because it instilled piece of the culture of a country. Fourth, it has been a long in children the practical skills they would need to survive in standing dream of mine to make a positive impact on the Ancient Sparta. While our culture portrays stealing as lives of others and the world in general. Leading this project morally wrong, the Spartan culture looks at it as a way to would allow me to make this impact. These are the reasons demonstrate your quick thinking and intelligence. why my initial instinct would be to accept this new position. Participating in corrupt acts in South Africa is similar to stealing in Sparta. It is not bad, but necessary to survive and be successful in that culture. Several summers ago I took a trip to South Africa. I GUIDANCE FROM ENGINEERING CODES experience some of the corruption there first hand. Bribery OF ETHICS and other forms of corruption are not only present in large million dollar projects, but in everyday life. For instance, at Though my initial reaction to this ethical dilemma, after the airport in Johannesburg we were told that we were thoroughly researching the situation in South Africa, would bumped from our flight. The airport worker refused to tell us be to accept the promotion, I would continue to research my any more information until we gave him a bribe. After that options. Inevitably I would consult various Engineering we were immediately booked on the next flight to Cape Codes of Ethics; The Code of Ethics of the National Society Town. We later encountered more corruption as we toured th of Professional Engineers and of the American Society of country. Every parking lot is guarded by a self-appointed Civil Engineers. I must also consider that both of these codes custodian. As soon as you park he will approach and ask if are founded on the basic ethical system of the United States. you want your car to be guarded by him while you are away. As an Engineer working in another country, I may not be He makes it evident that if you do not pay the fee, your car held to the same ethical standards by the people in that will be broken into and whatever is inside will be stolen. In country as I am in my own. Some of these encourage me to E. Anna Thomas accept the position, while other codes tell me to decline the even if it means that I must dirty my hands by giving out position. Many codes were not even relevant to my situation. bribes. I did not find codes about thing like plagiarism or falsifying documents very useful. CODES THAT INDICATE THAT I SHOULD NOT TAKE THE JOB CODES THAT INDICATE THAT I SHOULD TAKE THE JOB There are also many cannons of both codes of Ethics that indicate that I should decline the job. These codes adamantly Both the Codes of Ethics from the National Society of condemn involvement in bribery or general dishonesty as Professional Engineers and from the American Society of behavior far beneath an engineer. They say that any Civil Engineers have clauses which could be used to involvement in corrupt practices is unethical. Many of these encourage me to take the job and pay the bribes. These codes have very similar wording, so I will only include a clauses divide neatly into two categories. few which are very specific to my situation. Section B under The first category of clauses state that the welfare of the the 5th Cannon of the NSPE’s code states “Engineers shall public is paramount to an engineer and that everything they not offer, give, solicit, or receive, either directly or do should be in the interest of safety and welfare of humans indirectly, any contribution to influence the award of a in general. In fact, this is the first part of the first contract by public authority” [6]. This same section Fundamental Canon in the ASCE’s Code of Ethics. This continues later “They shall not offer any gift or other cannon is given more details later in the code. Section A of valuable consideration in order to secure work. They shall Cannon 1 states that “Engineers shall recognize that the not pay commission, percentage, or brokerage fee in order to lives, safety, health and welfare of the general public are secure work” [6]. If I took this job and gave out bribes, I dependent upon engineering judgments” [5]. The first would be in direct violation of the Code of Ethics of the Fundamental Cannon of the NSPE Code of Ethics is almost NSPE and of the ASPE. In fact, the ASPE Code of Ethics exactly the same as that of the ASCE as is the Second has and even more specific cannon that applies to my exact Cannon under the Professional Obligations section of the situation. Section D under Cannon 6 states “Engineers NSPE’s code. When this guideline is applied to my own should be especially vigilant to maintain appropriate ethical situation it is clear that I should accept my promotion. I behavior where payment of gratuities or bribes are would be improving the lived of millions of people. I would institutionalized practice” [5]. Indeed, I would describe the make South Africans lives safer and healthier by bringing payment of bribes in South Africa as an “institutionalized them electricity. practice”. These very definite Codes of Ethics, which tell me The second category of clauses which indicate that I to decline the job, are in direct conflict with the previous should take the job are all regarding an Engineer’s codes which tell me to accept the job. dedication to sustainability. Section F of the first Cannon of the ASCE’s Code of Ethic says that “Engineers should be THE DEBATE CONTINUES committed to improving the environment by adherence to the principles of sustainable development so as to enhance Consulting the Engineering Codes of Ethics did not the quality of life of the general public” [5]. This portion of provide me with a solution to my dilemma. However, it did the code says that as an engineer I must be dedicated to the make me think more deeply about my decision and it public welfare as well as the ideals of sustainable provided me with solid evidence for both sides of the development. The Code of Ethics of the NSPE even goes so argument. From this point in my decision making process, I far as to define Sustainable development in Footnote 1. It would consult several other sources. I would look up current says ““Sustainable development” is the challenge of meeting news regarding bribery in engineering. It would benefit me human needs for natural resource, industrial products, to see what real engineers do when confronted with bribery. energy, food, transportation, shelter, and effective waste For instance, I found a news article about an in depth management while conserving and protecting environmental investigation of an engineering firm in South Korea [7]. This quality and the natural resource base essential for future investigation began because of accusations about bribery. It development” [6]. This definition sound like it was taken is evident from this article alone that those who participate directly from my job description. If I were to take this job, I in bribery in countries other than the US do not always get would be helping to meet the challenge of sustainable away with it. I would also look to history to find an answer. I development. have always loved history and to me it seems very relevant It is evident from both the Code of Ethics of the NSPE to present day life. For example, I could ask myself what my and from the Code of Ethics of the ASCE that I, as an favorite historical figure, Winston Churchill, would do in my engineer, have an obligation to make the world a better place situation. Or, more relevantly, what would Nelson Mandala through improving the welfare of the general public and want me to do? After contemplating the actions of sustainable development. Based on the ethical cannons historically great people, I would ask my older sister. My which I have just emphasized, I should take this new job, E. Anna Thomas sister has always been a guiding voice whenever I am N+BRIBERY+SCANDAL&rft.jtitle=AsiaPulse+News&rft. making big decisions. She and I often look and the same date=2011-02- situation in different ways. We always take different trails of 17&rft.pub=Asia+Pulse+Pty+Ltd&rft.externalDBID=n thought which may or may not lead to the same destination. %2Fa&rft.externalDocID=249281717¶mdict=en-US Once I had gathered all the information I could, I would consult my sister. We would engage in a debate and she would help me make my thoughts clearer. So what should I do? Should I take the promotion and give bribes and help millions of people while besmearing my ADDITIONAL SOURCES own professional and personal integrity? Or should I decline the promotion and allow someone else to help the people of A. Exner, P. Fleissner, L. Kranzl, W. Zitttel. (2013). South Africa while my own honor stays intact and I do not Land and Resource Scarcity. New York, NY: Routledge. risk my entire career? I do not know what I would so in this (Print Book). pp. 6-54 scenario. I can only hope that by the time this happens to G. A. Gonzalez. (2012). Energy and Empire. Albany, me, if it happens to me, that I will have the answer. NY: New York State University Press. (Print Book). pp. 13- 41 Global Corruption Barometer. (2013). “Transparency REFERENCES International’s Global Corruption Barometer 2013”. Corruption Watch. (Online Article). [1] A. Gruber, D. Fisk. (2013). Energizing Sustainable http://www.corruptionwatch.org.za/content/transparency- Cities. New York, NY: Routledge. (Print Book). pp. 73-84 internationals-global-corruption-barometer-2013 [2] South Africa. (2012). “Renewable Energy: Solar- J. M. Basart, M. Serra. (2013). “Engineering Ethics Power”. South Africa Government Website. (Online Beyond Engineers’ Ethics”. Springer Netherlands. (eBook). Article).http://www.energy.gov.za/files/esources/renewables http://link.springer.com/article/10.1007%2Fs11948-011- /r_solar.html 9293-z [3] J. Rademeyer. (2013). “Claim the 94% in SA have access K. Lovegrove, Wes Stein. (2012). Concentrating solar to safe drinking water…doesn’t hold water”. 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Overcoming [6] National Society of Professional Engineers. (2007). the Persistance of Inequality and Poverty. New York, NY: “NSPE Code of Ethics. National Society of Proffesional Pengrave MacMillian. (Print Book). pp. 92-127 Engineers. (Code of Ethics). [7] Asia Pulse. (2011). “S. Korea’s Daewoo Engineering Office Raided on Bribery Scandal”. Business Insights. (Online Article). ACKNOWLEDGMENTS http://rt4rf9qn2y.search.serialssolutions.com/? ctx_ver=Z39.88-2004&ctx_enc=info%3Aofi%2Fenc I would like to thank Dr. Shaub, and Zachary Merril as %3AUTF- well as my friends Autumn Good and Kelly Larson. I would 8&rfr_id=info:sid/summon.serialssolutions.com&rft_val_fm also like to thank my teammates AJ Szul and Carly Nolan. t=info:ofi/fmt:kev:mtx:journal&rft.genre=article&rft.atitle= Last but not least, I would to thank my sister, Mallory, for all S.+KOREA the help and guidance she has given to me over the years. %27S+DAEWOO+ENGINEERING+OFFICE+RAIDED+O