Highlights
Assignment scenario:
For all but the last question in this assignment, assume that you are consulting to a government body in Lesotho. This (imagined) body has been formed for a special mission: to lift ethics and governance standards across a range of state-owned enterprises and state-backed development initiatives. Your chief contact person, Ms L, knowing that you have just undertaken an intensive course in ethics and governance, has requested your ideas on the issues raised in the questions.
QUESTION 1
1.1 Firstly, Ms L has requested a big-picture perspective on governance regimes. For this part of your response to her, provide a critical overview of the difference between reactive and proactive concepts of governance, and present the pros and cons of each in relation to Lesotho’s legal, institutional and economic environments.
1.2 “It is accepted that while fully compliant and duly audited financial statements are critical, they are insufficient to discharge the duty of accountability.”
Ms L has asked you to review the Annual Report 2016-2017 of the Lesotho Electricity Company (LEC) from the perspective of a corporate governance expert. Suggest,
respectfully, which legal requirements and or features of best practice are absent from the report, and what actions could be taken to rectify these absences (including
action to radically adjust or develop the real-world structures of the LEC). Your models for legislation and best practice should include, but not be limited to,
Lesotho’s Companies Act of 2011 and South Africa’s King IV report.
Supplement these references by making sure you are up to date with the latest news on these topics. Note in particular this passage from the publication by Action Contre la Faim (Action Against Hunger) on the right to water: Some consider that water should be treated as a common good, as the common heritage of humanity. This is the case for militant groups participating in The Global Water Contract.... Others on the contrary believe that water is a good that must be considered as a market commodity, and thus be subject to the rules of supply and demand.
Once your reading is completed, create your overview for Ms L. Do this by analysing the conflicts relating to the LHWP and Polihali Dam in terms of duty-based ethics
versus results-based ethics (including, if you wish, utilitarianism as a branch of results-based ethics).
Title your overview “The LHWP and Polihali Dam: Core ethical perspectives”.
2.2 Following from your answer to question 2.1 above, use the concept of the triple bottom line as a basis for reviewing the impact of the Lesotho Highlands Water
Project (LHWP) and Polihali Dam. Title this part of your review “The LHWP and Polihali Dam: Perspectives and solutions from the triple bottom line”. Structure and
compose your review in a way that speaks to this title. Where it feels appropriate (and without overdoing it) relate your perspectives and solutions back to the “core ethical perspectives” that you explored in question 2.1.
QUESTION 3
An entrepreneurial acquaintance has invited you to serve on the board of his newest company, Fearless Flyfishing, a travel operator that takes international guests to fishing locations in remote parts of Africa. Trout fishing in Lesotho’s highlands is proving to be one of the company’s most popular offerings. You have noticed, however, that the company has no formal mission statement, vision or values. Write a memo to your acquaintance in which you explain the ethical and governance-related
advantages of subscribing to a mission statement, vision and values. (Tip: You may find it helpful to keep in mind the separate legal personality of companies.)
Drawing on your knowledge of socioeconomic conditions in Lesotho and other remote parts of Africa, include suggestions for vision and value statements that would speak to the concept of the triple bottom line, and or to any other ethical frameworks you have derived from the course.
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