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A spectre or the real thing?

Stuart White
THE WORLD IN BLACK-N-WHITE

I wonder how many of you watch the American television drama ‘Suits’?  It’s a high-powered, high-octane American television drama set in the high-stakes world of corporate law in New York, the main protagonists all belonging to the prestigious and prosperous firm of Pearson Hardman Spectre . 

The settings epitomise everything that us hoi polloi imagine such a world to be played out in – lavish offices with views to die for, only everyone is far to busy cutting corporate throats to look out and enjoy; the characters are all dressed to the nines, the men in understated, overpriced suits from Armani, the women in clothes so classic they scream haute couture of the sort that if you have to ask ‘how much’ you can’t afford them; and the plotlines all revolve around huge conglomerates hitting their competitors or enemies with billion-dollar lawsuits which PHS inevitably wins but only after some serious legal back-stabbing, depositions and injunctions flying around for a few weeks.

Here’s how IMDB sums up the backdrop to the series:

While running from a drug deal gone bad, Mike Ross, a brilliant young college-dropout, slips into a job interview with one of New York City's best legal closers, Harvey Specter. Tired of cookie-cutter law school grads, Harvey takes a gamble by hiring Mike on the spot after he recognizes his raw talent and photographic memory. Mike and Harvey are a winning team. Even though Mike is a genius, he still has a lot to learn about law.

And while Harvey may seem like an emotionless, cold-blooded shark, Mike's sympathy and concern for their cases and clients will help remind Harvey why he went into law in the first place. Mike's other allies in the office include the firm's best paralegal Rachel and Harvey's no-nonsense assistant Donna to help him serve justice. Proving to be an irrepressible duo and invaluable to the practice, Mike and Harvey must keep their secret from everyone including managing partner Jessica and Harvey's arch nemesis Louis, who seems intent on making Mike's life as … Written by USA Network

The series premiered in 2011 and is now in its 6th season, airing locally on MNet Channel 101 and recently MNet scored something of a televisual coup by securing the services of Suits lead actor, Gabriel Macht, who plays the suave, unflappable, genius lawyer Harvey Spectre.

Macht recorded several adverts for both MNet and DSTV which are currently airing, in which he appears as his character but also appears to stand aside from, and above the role by acknowledging the power of such drama over its viewers and the close bond that an audience, their disbelief willingly suspended as they buy into the artificial world created by the scriptwriters, director, cast, set dressers, set designers and everyone involved in the lavish fairytale conjure up.

In the most striking of all the promotional clips, Macht, in costume and character, has images of other heroes both real and fictional superimposed over his face as speaks lines comparing himself to those others who have gone before him. 

So for example, over a clip of champion boxer Cassius Clay, later Mohammed Ali, reminding us of his prowess, Macht asks (..when you look at me…) ‘Do you see a fighter? That’s because I’ve watched other fighters who’ve gone before me’ and over a clip of Russel Crowe in Gladiator, telling the audience ‘My name is Maximus Deciumus Meridius’ while Macht asks ‘Do you se someone who never quits?  That’s because I’ve watched others who refused to quit.’

It’s an interesting blurring of fact and fiction, real and unreal, actor and part and is possible for several reasons;  the first is the impeccable acting of Macht who is so believable, it’s hard to credit that he is not in fact a s—t-hot New York lawyer in real life, only an actor reading his lines and playing the part; second is the quality of the scripting and overall production which brings the law firm to life; and the third is the desire on us, the audience, to buy into the fiction, to wish it were fact and above all, to wish that we could become part of it; that we could land a job at Pearson Hardman Spectre, work alongside our small-screen heroes and heroines and be a part of the all the glitz, the glamour, the drama and oh, the big, big money!

Because although deep down we know that the world of corporate law is mostly dry, dusty legal legwork with colourless characters, everlastingly postponed cases, endless hours dredging through dusty tomes, hours and hours of incomprehensible legal hair splitting and regurgitation of facts from this and countless previous cases if the case ever finally comes to court and culminating in a Phyrric victory at best, a compromise between parties if the judge can’t decide or an outright loss (with costs) at worst, nonetheless we want to believe that it’s more like the scripts out of Suits.  

Moreover that if we pay close enough attention to the case law quoted and the conduct of the fictional legal team, some of their success and cleverness will rub off on us in our corporate dealings; or at the very  least, we can pretend to ourselves we’re Harvey or Mike or the ball-breaking Jessica or the all-seeing, all-knowing desirable Donna.

So yes, it is a fiction with a little faction thrown in for authenticity but for aspiring young lawyers or corporates, there are worse role models than Harvey Spectre or Jessica Pearson and if you pick up nothing more useful than their sense of style and boardroom manner, you may still go far, even though possibly not to the top floor of a prestigious office block in Lower Manhattan.  Suits me.

STUART WHITE is the Managing Director of HRMC and they can be reached on 395 1640 or at  www.hrmc.co.bw

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DIS Parley Committee selection disingenuous 

25th November 2020

Intelligence and Security Service Act, which is a law that establishes the Directorate of Intelligence and Security Service (DIS), provides for establishment of a Parliamentary Committee. Recently, the President announced nine names of Members of Parliament he had appointed to the Committee.

This announcement was preceded by a meeting the President held with the Speaker and the Leader of Opposition. Following the announcement of Committee MPs by the President, the opposition, through its leader, made it clear that it will not participate in the Committee unless certain conditions that would ensure effective oversight are met. The opposition acted on the non-participation threat through resignation of its three MPs from the Committee.

The Act at Section 38 provides for the establishment of the Committee to examine the expenditure, administration and policy of the Directorate. The law provides that the Parliamentary Committee shall have the same powers and privileges set out under the National Assembly (Powers and Privileges) Act.

On composition, the Committee shall consist of nine members who shall not be members of Cabinet and its quorum shall be five members.  The MPs in the Committee elect a chairperson from among their number at their first meeting.

The Members of the Committee are appointed by the President after consultation with the Speaker of the National Assembly and Leader of the Opposition in the National Assembly. It is the provision of the law that the Committee, relative to its size, reflect the numerical strengths of the political parties represented in the National Assembly.

The Act provides that that a member of the Committee holds office for the duration of the Parliament in which he or she is appointed.  The Committee is mandated to make an annual report on the discharge of their functions to the President and may at any time report to him or her on any matter relating to the discharge of those functions.

The Minister responsible for intelligence and security is obliged to lay before the National Assembly a copy of each annual report made by the Committee together with a statement as to whether any matter has been excluded from that copy in pursuance of the provision of the Act.

If it appears to the Minister, after consultation with the Parliamentary Committee, that the publication of any matter in a report would be prejudicial to the continued discharge of the functions of the Directorate, the Minister may exclude that matter from the copy of the report as laid before the National Assembly.

So, what are the specific demands of the Opposition and why are they not participating in the Committee? What should happen as a way forward? The Opposition demanded that there be a forensic audit of the Directorate. The DIS has never been audited since it was set up in 2008, more than a decade ago.

The institution has been a law unto itself for a longtime, feared by all oversight bodies. The Auditor General, who had no security of tenure, could not audit the DIS. The Directorate’s personnel, especially at a high level, have been implicated in corruption.  Some of its operatives are in courts of law defending corruption charges preferred against them. Some of the corruption cases which appeared in the media have not made it to the courts.

The DIS has been accused of non-accountability and unethical practices as well as of being a burden on the fiscus.  So, the Opposition demanded, from the President, a forensic audit for the purpose of cleaning up the DIS.  They demand a start from a clean slate.

The second demand by the Opposition is that the law be reviewed to ensure greater accountability of the DIS to Parliament. What are some of the issues that the opposition think should be reviewed? The contention is that the executive cannot appoint a Committee of Parliament to scrutinize an executive institution.

Already, it is argued, Parliament is less independent and it is dominated by the executive. It is contended that the Committee should be established by the Standing Orders and be appointed by a Select Committee of Parliament. There is also an argument that the Committee should report to Parliament and not to the President and that the Minister should not have any role in the Committee.

Democratic and Parliamentary oversight of the intelligence is relatively a new phenomenon across the World. Even developed democracies are still grappling with some of these issues. However, there are acceptable standards or what might be called international best practices which have evolved over the past two or so decades.

In the UK for instance, MPs of the Intelligence and Security Committee are appointed by the Houses of Parliament, having been nominated by the Prime Minister in consultation with the Leader of the Opposition. This is a good balancing exercise of involvement of both the executive and the legislature. Consultation is taken for granted in Botswana context in the sense that it has been reduced to just informing the Leader of Opposition without much regard to his or her ideas; they are never taken seriously.

Furthermore, the current Committee in the UK has four Members of the ruling party and five MPs from the opposition. It is a fairly balanced Committee in terms of Parliamentary representation. However, as said above, the President of Botswana appointed six ruling party MPs and three from the opposition.

The imbalance is preposterous and more pronounced with clear intentions of getting the executive way through the ruling party representatives in the Committee. The intention to avoid scrutiny is clear from the numbers of the ruling party MPs in the Committee.

There is also an international standard of removing sensitive parts which may harm national security from the report before it is tabled in the legislature. The previous and current reluctance of the executive arms to open up on Defence and Security matters emanate from this very reason of preserving and protecting national security.

But national security should be balanced with public interest and other democratic principles. The decision to expunge certain information which may be prejudicial to national security should not be an arbitrary and exclusive decision of the executive but a collective decision of a well fairly balanced Committee in consultation with the Speaker and the minister responsible.

There is no doubt that the DIS has been a rogue institution. The reluctance by the President to commit to democratic-parliamentary oversight reforms presupposes a lack of commitment to democratization. The President has no interest in seeing a reformed DIS with effective oversight of the agency.

He is insincere. This is because the President loathes the idea losing an iota of power and sharing it with any other democratic institution. He sees the agency as his power lever to sustain his stay in the high office. He thought he could sanitize himself with an ineffective DIS Committee that would dance to his tune.

The non-participation of the opposition MPs renders the Committee dysfunctional; it cannot function as this would be unlawful. Participation of the opposition is a legal requirement. Even if it can meet, it would lack legitimacy; it cannot be taken seriously. The President should therefore act on the oversight demands and reform the DIS if he is to be taken seriously.

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The Maccabean Uprising

25th November 2020
Jewish freedom fighters

 Jews drive away occupying power under the command of guerrilla leader Judas Maccabees but only just

Although it was the Desolation Sacrilege act, General Atiku, that officially sparked the Maccabean revolt, it in truth simply stoked the fires of an already simmering revolution. How so General?

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Atomic (CON)Fusion

25th November 2020

For years I have trained people about paradigm shifts – those light-bulb-switch-on moments – where there is a seismic change from the usual way of thinking about something to a newer, better way. 

I like to refer to them as ‘aha’ moments because of the sudden understanding of something which was previously incomprehensible. However,  the topic of today’s article is the complete antithesis of ‘aha’.  Though I’d love to tell you I’d had a ‘eureka ‘, ‘problem solved’ moment, I am faced with the complete opposite – an ‘oh-no’ moment or Lost Leader Syndrome.

No matter how well prepared or capable a leader is. they often find themselves facing perplexing events, confounding information, or puzzling situations. Confused by developments of which they can’t make sense and by challenges that they don’t know how to solve they become confused, sometimes lost and completely clueless about what to do.

I am told by Jentz and Murphy (JM) in ‘What leaders do when they don’t know what to do’ that this is normal, and that rapid change is making confusion a defining feature of management in the 21st century.  Now doesn’t that sound like the story of 2020 summed up in a single sentence?

The basic premise of their writing is that “confusion is not a weakness to be ashamed of but a regular and inevitable condition of leadership. By learning to embrace their confusion, managers are able to set in motion a constructive process for addressing baffling issues.

In fact, confusion turns out to be a fruitful environment in which the best managers thrive by using the instability around them to open up better lines of communication, test their old assumptions and values against changing realities, and develop more creative approaches to problem solving.”

The problem with this ideology however is that it doesn’t help my overwhelming feelings of fear and panic which is exacerbated by a tape playing on a loop in my head saying  ‘you’re supposed to know what to do, do something’. My angst is compounded by annoying motivational phrases also unhelpfully playing in my head like.

  • Nothing happens until something moves
  • The secret of getting ahead is getting started

and

  • Act or be acted upon

All these platitudes are urging me to pull something out of the bag, but I know that this is a trap. This need to forge ahead is nothing but a coping mechanism and disguise. Instead of owning the fact that I haven’t got a foggy about what to do, part of me worries that I’ll lose authority if I acknowledge that I can’t provide direction – I’m supposed to know the answers, I’m the MD!  This feeling of not being in control is common for managers in ‘oh no’ situations and as a result they often start reflexively and unilaterally attempting to impose quick fixes to restore equilibrium because, lets be honest, sometimes we find it hard to resist hiding our confusion.

To admit that I am lost in an “Oh, No!” moment opens the door not only to the fear of losing authority but also to a plethora of other troubling emotions and thoughts:  *Shame and loss of face: “You’ll look like a fool!” * Panic and loss of control: “You’ve let this get out of hand!” * Incompetence and incapacitation: “You don’t know what you’re doing!”

As if by saying “I’m at a loss here” is tantamount to declaring “I am not fit to lead.” Of course the real problem for me and any other leader is if they don’t admit when they are disoriented, it sends a signal to others in the organisation stating it’s not cool to be lost and that, by its very nature encourages them to hide.  What’s the saying about ‘a real man never asks for direction. ..so they end up driving around in circles’.

As managers we need to embrace the confusion, show vulnerability (remember that’s not a bad word) and accept that leadership is not about pretending to have all the answers but about having the courage to search with others to discover a solution.

JM point out that “being confused, however, does not mean being incapacitated.  Indeed, one of the most liberating truths of leadership is that confusion is not quicksand from which to escape but rather the potter’s clay of leadership – the very stuff with which managers can work.”

2020 has certainly been a year to remember and all indications are that the confusion which has characterised this year will still follow us into the New Year, thereby making confusion a defining characteristic of the new normal and how managers need to manage. Our competence as leaders will then surely be measured not only by ‘what I know’ but increasingly by ‘how I behave when I accept, I don’t know, lose my sense of direction and become confused.

.I guess the message for all organizational cultures going forward is that sticking with the belief that we need all-knowing, omni-competent executives will cost them dearly and send a message to managers that it is better to hide their confusion than to address it openly and constructively.

Take comfort in these wise words ‘Confusion is a word we have invented for an order not yet understood’!

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