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      Invalidation of an Ethical Code Concerning Professional Conduct in South African Government

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      ScienceOpen Preprints
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      Professionalism profession, dishonesty, ethics, integrity, invalidation, profession, law

            Abstract

            Professionalism is an intensely debated topic, and ethical and legal concerns are becoming more prevalent. The article's main question is whether conduct brought on by obedience of an ethical standard constitutes a legal infraction. Broadly, does it make sense for ethics to conflict with the law? It is necessary to consider the nature and characteristics of ethics as a preliminary step to defining its legal paradigm. A theoretical definition of ethics and the concept of law will be provided to present a perspective. The recent case AmaBhungane Centre for Investigative Journalism NPC v President of the Republic of South Africa [2022] ZACC 31 will be viewed as theoretical guidance on the principles used in obtaining the judgment, mainly on the invalidation of the Executive Ethics Code. The case law is examined to establish the significance of ethics in the South African legal system, especially when it comes to professional ethics in government officials or public administrators. This article aims to present a clear overview of professional ethics, particularly the place of ethics in our legal system. The ethical standards that should guide professionals to repel unethical conduct are critically discussed.

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            Author and article information

            Journal
            ScienceOpen Preprints
            ScienceOpen
            13 August 2024
            Affiliations
            [1 ] University of South Africa;
            Author notes
            Author information
            https://orcid.org/0000-0002-4084-0333
            Article
            10.14293/PR2199.000990.v1
            33fc4e33-758e-4ad9-8f7e-392b88f7643b

            This work has been published open access under Creative Commons Attribution License CC BY 4.0 , which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. Conditions, terms of use and publishing policy can be found at www.scienceopen.com .

            History
            : 13 August 2024
            Categories

            Data sharing not applicable to this article as no datasets were generated or analysed during the current study.
            Law
            Professionalism profession,dishonesty,ethics,integrity,invalidation,profession,law

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