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This is a truly excellent book: wide-ranging, meticulous scholarship, very well written and easy to read. It should be on the desks of every senior civil servant, government lawyer and politician in every African country. After this book, there is no excuse for not having in place the necessary legal framework and equally important, for not using that legal framework to combat corruption.' - Patrick McAuslan, Birkbeck University of London, UK Drawing on numerous recent examples of good and bad practice from around the continent, this insightful volume explores the legal issues involved in developing and enhancing good governance and accountability within African states, as well as addressing the need for other states worldwide to demonstrate the 'transnational political will' to support these efforts. John Hatchard considers the need for good governance, accountability and integrity in both the public and private sector. He studies how these issues are reflected in both the African Union Convention on Preventing and Combating Corruption and the United Nations Convention Against Corruption. The book demonstrates that despite the vast majority of African states being party to these conventions, in practice, many of them continue to experience problems of bad governance, corporate bribery and the looting of state assets. It explores how the 'art of persuasion' can help develop the necessary political will through which to address these challenges at both the national and transnational levels. This unique and influential book will be of worldwide interest to those studying law, politics or business, as well as legal practitioners, policymakers, senior public officials, parliamentarians, law reformers, civil society organizations and the corporate sector. Contents Introduction 1. Setting the Scene: Law and Persuasion 2. Law and Governance in Africa: Supporting Integrity and Combating Corruption 3. Preventive Measures: Maintaining Integrity in the Public Service 4. When Things Go Wrong: Addressing Integrity Problems in the Public Service 5. Constitutions, Constitutional Rights and Combating Corruption: Exploring the Links 6. Investigating and Prosecuting Corruption Related Offences: Challenges and Realities 7. National Anti-corruption Bodies: A Key Good Governance Requirement? 8. Judges: Independence, Integrity and Accountability 9. Combating Corruption: 'Persuasion' and the Private Sector 10. Preventing the Looting of State Assets: Combating Corruption-Related Money Laundering 11. Preventing Public Officials from Enjoying their Proceeds of Corruption 12. Law, Political Will and the Art of Persuasion Bibliography Index
This volume analyzes the corruption phenomenon in Africa and how to combat it from a governance perspective with illustrated case studies from three of the most corrupt of those nations covering, respectively, the Southern Africa region (Swaziland); the Eastern Africa region (Kenya); and the Western Africa region (Nigeria). Drawing on the available data, research literature, and field practice experience, the nature and extent of corruption are identified; the factors influencing the causes and determining the consequences of corruption are delineated; measures that have been put in place to control corruption are outlined and discussed; and new policy solutions are proposed and advocated to more effectively control the corruption menace in Africa.
Daily life in Africa is governed by the 'petty' corruption of public officials in services such as health, transport, or the judicial system. This remarkable study of everyday corruption in three African countries investigates the reasons for its extraordinary prevalence. The authors construct an illuminating analytical framework around the various forms of corruption, the corruptive strategies public officials resort to, and how these forms and strategies have become embedded in daily administrative practices. They investigate the roots of the system in the growing inability of weakened states in Africa to either reward their employees adequately or to deliver expected services. They conclude that corruption in Africa today is qualitatively different from other parts of the world in its pervasiveness, its legitimations, and its huge impact on the nature of the state.
Questions surrounding democracy, governance, and development especially in the view of Africa have provoked acrimonious debates in the past few years. It remains a perennial question why some decades after political independence in Africa the continent continues experiencing bad governance, lagging behind socioeconomically, and its democracy questionable. We admit that a plethora of theories and reasons, including iniquitous and malicious ones, have been conjured in an attempt to explain and answer the questions as to why Africa seems to be lagging behind other continents in issues pertaining to good governance, democracy and socio-economic development. Yet, none of the theories and reasons proffered so far seems to have provided enduring solutions to Africa’s diverse complex problems and predicaments. This book dissects and critically examines the matrix of Africa’s multifaceted problems on governance, democracy and development in an attempt to proffer enduring solutions to the continent’s long-standing political and socio-economic dilemmas and setbacks.
Bringing together a distinguished cast of contributors, the book provides an authoritative and definitive analysis of the theory, practice and development impact of corruption in Africa. Combating corruption is demonstrated to require greater priority in the quest for African development.
Corruption in Africa makes a significant contribution to the study of the impacts and eradication of corruption in African societies. John Mukum Mbaku offers a comprehensive analysis of the causes of public malfeasance in African countries and provides a number of practical and effective policy options for change. This book demonstrates the destructive relationship between corruption and the abrogation of economic freedoms and entrepreneurship, a system that has clearly left Africa as one of the most deprived regions in the world. Utilizing the tools of public choice theory, Mbaku emphasizes the important role that institutions have in corruption control and he recommends reconstructive democratic constitutions as the most effective means of development. Until African states provide their people with institutional arrangements that adequately constrain the state and enhance wealth production, the living standards in the continent will continue to deteriorate. Corruption in Africa is a fascinating and informative text that will appeal to those interested in African studies and developmental policies.
Analysing political corruption as a distinct but separate entity from bureaucratic corruption, this timely book separates these two very different social phenomena in a way that is often overlooked in contemporary studies. Chapters argue that political corruption includes two basic, critical and related processes: extractive and power-preserving corruption.
This book considers the causes of high-level state corruption as well as the political constraints of countering corruption in Africa. It examines elite corruption in government as well as in the political and military spheres of state activity, and focuses on illegal behaviour on the part of state and non-state actors in decision-making. Situating corruption and anti-corruption within a political framework, this book analyses the motivations, opportunities and relative autonomy of state elites to manipulate state decision-making for personal and political ends. Based on detailed case studies in Uganda, the authors focus on corruption in the privatization process, military procurement, foreign business bribery, illegal political funding, and electoral malpractice. The book examines why anti-corruption institutions and international donors have been constrained in confronting this executive abuse of power, and discusses the wider relevance of Uganda’s experience for understanding elite corruption and anti-corruption efforts in other African countries. The Politics of Elite Corruption in Africa will be of interest to students and scholars of African politics, African political economy, development studies, corruption and government.
This new edition of a 1999 classic shows how institutionalized corruption can be fought through sophisticated political-economic reform.
The Stellenbosch Handbooks in African Constitutional Law series engages with contemporary issues of constitutionalism in Africa. The first experiments in democratic and constitutional governance in Africa that started after independence were soon overtaken by dictatorships, and arbitrary and repressive rule. The pulling down of the Berlin Wall followed by the collapse of the Soviet Union unleashed new forces of democratization and new hopes for the establishment and entrenchment of constitutional governance and constitutionalism in Africa. This series is designed to identify, analyse, and promote serious discussion of the critical issues that can shape, refine, and deepen the consolidation of constitutionalism in Africa. Although comparative constitutional law has become a major field of legal scholarship, most of the extensive research that has been carried out has focused on long-established democracies. The only African country that has attracted sustained research interest from a comparative law perspective is South Africa. The few books that present perspectives on African comparative constitutional law focus narrowly and exclusively on developments in either Anglophone, Francophone, or Arabophone Africa without cutting across these divides. Yet, since 1990, Africa has been at the centre of profound and far-reaching constitutional developments. Little comparative research has been carried out to understand the nature of these constitutional changes, to review their impact on the ethos of constitutionalism on the continent, and to explore prospects for the future. The series aims to stimulate interest in comparative constitutional research and the different constitutional traditions operating in Africa by presenting a comprehensive analysis of the latest thinking, research, and practice. In this way, the series intends to fill the huge gap in the existing literature on comparative African constitutional law as well as point out to directions for future research. Book jacket.