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Overcoming
the Corruption
Conundrum
in Africa
Overcoming
the Corruption
Conundrum
in Africa:
A Socio-legal Perspective
By
Anzanilufuno Munyai
Overcoming the Corruption Conundrum in Africa:
A Socio-legal Perspective
By Anzanilufuno Munyai
This book first published 2020
Cambridge Scholars Publishing
Lady Stephenson Library, Newcastle upon Tyne, NE6 2PA, UK
British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library
Copyright © 2020 by Anzanilufuno Munyai
All rights for this book reserved. No part of this book may be reproduced,
stored in a retrieval system, or transmitted, in any form or by any means,
electronic, mechanical, photocopying, recording or otherwise, without
the prior permission of the copyright owner.
ISBN (10): 1-5275-4335-8

ISBN (13): 978-1-5275-4335-5
To the stronghold of my life, the Guardian of my heart. To my Protector,
the One greater in me than he that is in the world. To my Almighty Father.
My God. Who created me for greatness on this Earth.
TABLE OF CONTENTS
List of Cases ............................................................................................... xi
List of Instruments ..................................................................................... xii
Preface ...................................................................................................... xvi
Acknowledgements .................................................................................. xix
List of Abbreviations ................................................................................. xx
Chapter One ................................................................................................. 1

Introduction
Chapter Two .............................................................................................. 13

Understanding Corruption: A Synopsis
Chapter Three ............................................................................................ 26

Navigating the Typology and Nomenclature of Corruption
within Africa’s Legislative and Sociological Landscape
Forms of corruption ............................................................................. 27
Grand corruption ............................................................................ 28
Petty, bureaucratic corruption or survival corruption ..................... 28
Legislative corruption .................................................................... 29
Other forms of corruption .................................................................... 33
Bribery ........................................................................................... 33
Misappropriation or embezzlement of public funds or property .... 36
Fraud .............................................................................................. 38
Money laundering .......................................................................... 39
Extortion......................................................................................... 39
Theft ............................................................................................... 40
Nepotism and favouritism .............................................................. 41
Collusion ........................................................................................ 43
Abuse of discretion......................................................................... 44
Clientelism ..................................................................................... 45
Patronage ........................................................................................ 45
viii Table of Contents
Political corruption ......................................................................... 45

Corruption in Africa: A snapshot of the sociological landscape .......... 50
Challenges in defining corruption ........................................................ 53
Summary .............................................................................................. 60
Chapter Four .............................................................................................. 62

The Impact of Corruption on Africa
Gauging the impact of corruption on Africa ........................................ 64
The fundamental impact of corruption on African societies ................ 68
Democracy ..................................................................................... 69
Human rights .................................................................................. 73
The rule of law ............................................................................... 77
The judiciary .................................................................................. 79
Separation of powers ...................................................................... 81
Corruption and state official criminal liability ..................................... 83
Summary .............................................................................................. 84
Chapter Five .............................................................................................. 87

International Instruments on Curbing Corruption
International instruments against corruption ........................................ 88
The United Nations System............................................................ 88
African Union Instruments against Corruption .............................. 95
Sub-regional instruments against corruption .................................. 97
Summary ............................................................................................ 100
Chapter Six .............................................................................................. 102

The Need for Political Will in Combating Corruption in Africa
Defining political will ........................................................................ 103
Indicators of political will .................................................................. 112
A synoptic analysis of the different kinds of political will ................ 121
Active political will ...................................................................... 122
Partial political will ...................................................................... 123
Lack of political will .................................................................... 124
Transnational political will ........................................................... 126
The shifting political will ............................................................. 128
Understanding political will through different anti-corruption
efforts ........................................................................................... 130
Prevention .................................................................................... 131
Promotion ..................................................................................... 135
Culture and religion ...................................................................... 139
Education...................................................................................... 143
Overcoming the Corruption Conundrum in Africa ix
Protection of protected disclosures or whistle-blowers ................ 144

Summary ............................................................................................ 148
Chapter Seven.......................................................................................... 152

The Role of Foreign Governments in the Fight against
Corruption in Africa
Foreign government involvement in the fight against
corruption in Africa ...................................................................... 154
The perpetration of corruption and its ramifications
for different segments of the society....................................... 156
The undermining of financial institutions and policies ................ 158
The obligation/duty to render assistance to victim states ................... 159
The United Nations Convention against Corruption .................... 160
The OECD Anti-Bribery Convention ........................................... 163
The African Union Convention on Preventing
and Combating Corruption0 ................................................... 165
The ECOWAS Protocol on the Fight against Corruption ............ 165
ECOWAS Convention on Mutual Assistance
in Criminal Matters ................................................................. 165
SADC Protocol on MLA in Criminal Matters.............................. 166
Assistance strategies .......................................................................... 166
Recovery of stolen assets or public funds .................................... 166
Stolen Asset Recovery Initiative .................................................. 167
Selected cases of foreign government assistance
with African countries .................................................................. 168
Nigeria and the United Kingdom: the case of James Ibori .......... 168
France and Equatorial Guinea: the case of Teodoro Nguema
Obiang Mangue ...................................................................... 169
Switzerland and Nigeria: the case of Sani Abacha ....................... 170
Egypt: the case of Hosni Mubarak ............................................... 171
Nigeria: the case of Diepreye Solomon Peter Alamieyeseigha .... 172
The United Kingdom and Uganda................................................ 173
The United Kingdom and Nigeria: the case of
Joshua Chibi Dariye ............................................................... 174
The United Kingdom and Zambia ................................................ 176
Different ways of rendering foreign assistance
to African countries ...................................................................... 177
Conclusion of bilateral and multilateral agreements on foreign
assistance regarding combating corruption ............................. 177
Enactment of national laws regulating the transfer of funds ........ 179
x Table of Contents
Monitoring of banking activities conducted

by intra-state banks ................................................................. 180
Establishing intergovernmental networks aimed at sharing
information ............................................................................. 181
Monitoring and regulating international credit transfers .............. 181
Encouraging inter-bank collaboration and cooperation within
and beyond African countries ................................................. 183
Initiation process for the recovery of assets and funds ................. 184
Development and enactment of national laws on the freezing,
seizure and confiscation of stolen funds and assets ................ 184
Observation and implementation of the recommendations
of the Financial Action Task Force......................................... 185
Suppression of bank secrecy laws ................................................ 190
Exercise of soft co-optive power by foreign governments ........... 192
Summary ............................................................................................ 194
Chapter Eight ........................................................................................... 196

Conclusion
Bibliography ............................................................................................ 203
Index ........................................................................................................ 233

LIST OF CASES
Ministère Public et Etat du Cameroun C/ Atangana Mebara Jean-Marie,

Inoni Ephraim, Otele.
Ministère Public et Etat du Cameroun (Ministère des Finances – Partie

Civile) C/ Yen Eyoum Lydienne épse Loyse, Abah Polycarpe, Engoulou
Henri, Baleng Maah Célestin, Ngwem Honoré Tribunal Criminel
Spécial, Yaoundé, Arrêt No 021/CRIM/TCS/14 du 26 Septembre 2014.
Schabir Shaik and Others v The State 2007 (1) SA 240 (SCA).
Schabir Shaik and Others v The State 2008 (2) SA 208 (CC).
South African Association of Personal Injury Lawyers v Willem Hendrik

Heath, The Special Investigating Unit, President of the Republic of
South Africa and The Minister of Justice 2001 (1) SA 883 (CC).
LIST OF INSTRUMENTS
(a) International instruments

African Charter on Democracy, Elections and Governance (2007).
African Charter on Human and Peoples’ Rights, adopted 27 June 1981,
OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982).
Constitutive Act of the African Union, OAU Doc. CAB/LEG/23.15
(2001).
Convention on Mutual Assistance in Criminal Matters A/P.1/7/92 (29 July
1992).
Convention on Preventing and Combating Corruption, 43 I.L.M.5 (2004).
Declaration and Decision Resolution AHG/Dec.126 (XXXIV) 1998.
Declaration on the Framework for an OAU Response to Unconstitutional
Changes of Government, AHG/Decl.5 (XXXVI), Thirty-Six Ordinary
Session/Fourth Ordinary Session of the African Economic Community,
10-12 July 2000.
Declaration on the Right to Development, United Nations General
Assembly Resolution 41/128, U.N. GAOR, 41st Session, 97th meeting,
U.N. Doc. A/RES/41/128 (1986).
Harare Commonwealth Declaration (1991).
Inter-American Convention against Corruption 29 March 1996, S. Treaty
Doc. No.105-39, 35 I.L.M 724.
Model Code of Conduct for Public Officials, Appendix to Council of
Ministers Recommendation No. R (2000) 10. 2000.
Organisation for Economic Cooperation and Development: Convention on
Combating Bribery of Foreign Public Officials in International
Business Transactions, 17 December 1997, S. Treaty Doc. No.105-43.
Protocol on the Fight against Corruption, 21 December 2001.
Protocol on the Fight against Corruption to the Treaty on the Economic
Community of West African States.
Southern African Development Community, Protocol against Corruption
(2001).
Southern African Development Community, Protocol on Mutual Legal
Assistance in Criminal Matters (2002).
United Nations Commission on International Trade Law Model Law on
International Credit Transfers, A/47/17 (1992).
Overcoming the Corruption Conundrum in Africa xiii
United Nations General Assembly Resolution 2106 (XXA), U.N. GAOR,

21st Session, 1406th meeting, U.N. Doc. A/RES/ 2106 (XXA) (1965).
United Nations General Assembly Resolution 2200 (XXI), U.N. GAOR,
21st Session, 1496th meeting, U.N. Doc. A/RES/2200A (XXI) (1966).
United Nations General Assembly Resolution 3514 (XXX), U.N. GAOR,
30th Session, 2441st meeting, U.N. Doc. A/RES/3514 (XXX) (1975).
United Nations General Assembly Resolution 34/180, U.N. GAOR, 34th
Session, 107th meeting, U.N. Doc. A/RES/34/180 (1979).
Session, 93rd meeting, U.N. Doc. A/RES/39/46 (1984).
Session, 61st meeting, U.N. Doc. A/RES/44/25 (1989).
United Nations Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances U.N. Doc. E/CONF.82/15, reprinted in 28
ILM 493 (1989).
Session, 82nd meeting, U.N. Doc A/RES/44/128 (1989).
United Nations General Assembly Resolution 2200 (XXI), U.N. GAOR,
21st Session, 1496th meeting, U.N. Doc. A/RES/2200 (XXI) A (1966).
United Nations General Assembly Resolution 51/59, U.N. GAOR, 51st
Session, 82nd meeting, U.N. Doc. A/RES/51/59 (1997).
United Nations General Assembly Resolution 52/87, U.N. GAOR, 52nd
United Nations General Assembly Resolution 53/111, U.N. GAOR, 53rd
United Nations General Assembly, U.N. GAOR, 54th Session, U.N. Doc.
A/RES/54/109 (2000).
Session, 81st meeting, U.N. Doc. A/res/55/61 (2001).
xiv List of Instruments

Session, 93rd meeting, U.N. Doc. A/RES/56/260 (2002).
United Nations Convention against Corruption, United Nations General
Assembly Resolution 58/4, U.N. GAOR, 58th Session, 51 meeting,
U.N. Doc. A/RES/58/4 (2003).
United Nations General Assembly Resolution 217 (III)A, 3rd Session,
Supp. No. 13, U.N. Doc. A/810 (1948).
Vienna Convention on the Law of Treaties, 1155 U.N.T.S. 331, 8 I.L.M.
679.
(b) National Statutes

Algeria
Constitution of the People’s Democratic Republic of Algeria 1989
(amended by the constitutional revision of 1996).
Law No.06-01 on the Prevention and the Fight against Corruption.
Angola
Law No.3/ 96 on High Authority against Corruption.
Botswana
Corruption and Economic Crime Act 13 of 1994 (as amended).
Penal Code No.2 of 1964 (Cap 08: 01).
Proceeds of Serious Crime Act (Cap 08:03) (as amended).
Cameroon
Law No.2006/001 of 25 April 2006 Relating to the Declaration of Assets
and Property.
Ghana
Anti-Money Laundering Act 749 of 2008.
Public Property Protection Act 1977 (SMCD 140).
Overcoming the Corruption Conundrum in Africa xv
Kenya
Anti-Corruption and Economic Crimes Act 3 of 2003.
Electoral Offences Act.
Ethics and Anti-Corruption Commission Act 22 of 2011.
Penal Code (Cap 63) 1970.
Proceeds of Crime and Anti-Money Laundering Act 9 of 2009.
Malawi
Public Audit Act 6 of 2003.
Mauritius
Prevention of Corruption Act 5 of 2002.
Namibia
Anti-Corruption Act 8 of 2003.
Electoral Act.
Nigeria
Constitution of the Federal Republic of Nigeria Act 24 of 1999.
Corrupt Practices and other Related Offences Act 5 of 2000.
Rwanda
Constitution of the Republic of Rwanda and its Amendments of 2
December 2003 and of 8 December 2005.
South Africa
Constitution of the Republic of South Africa Act 108 of 1996.
Electoral Act.
Switzerland
Federal Act on the Freezing and the Restitution of Illicit Assets held by
Foreign Politically Exposed Persons (Foreign Illicit Assets (FIAA) Act
of 18 December 2015).
Tunisia
Constitution of Tunisia 2014.
Uganda
Code of Conduct and Ethics for Uganda Public Service 2005.
PREFACE
“Third World is a state of the mind and until we change our attitude as
Africans, if there is a fourth, fifth and even sixth world, we will be in it.”
[sic.]
í Patrick Loch Otieno Lumumba
Dear Africa. Like cancer, corruption is a disease, spreading rapidly in

government systems, eating away principles of governance and finding its
way into the social fabric. The unceasing torment of corruption in post-
colonial Africa is concerning, and for a long time, your children have
labelled themselves as victims of corruption. The time is now to take a
stand against this faceless enemy. The fight against corruption is not
founded on the laws and policies enacted, nor the mechanisms or
institutions created. The fight rests with the change of mindset. To win this
war, we have to know and understand the enemy. What is certain is that,
for many years, corruption has systematically embedded itself in the social
order, making it difficult to define. Additionally, the enemy assaults our
democracies, human rights, rule of law, socio-economic development, and
good governance; it destroys economies, and continues to widen the gap
between rich and poor, eroding people’s confidence in state leadership.
In an attempt to combat corruption, African countries have ratified and
domesticated various international instruments. However, it is evident that
nation-states can have numerous anti-corruption mechanisms in place, and
unless good state leadership prevails, corruption will continue to flourish.
The prevalence of corruption is attributed to two main reasons: lack of a
political will and its entrenchment in the structures of society becoming an
element of negotiation as well as a modus operandi for anything to be
done.
For several years African leaders have promised to fight this insidious
crime, yet Africa continues to experience an unequal distribution of wealth
among its people. It is my duty as an African to pursue different paths to
liberate my continent from the enemy. With this book, I explore workable
solutions to the art of winning the war against corruption. Firstly, I explore
the plethora of definitions and identify the common elements of
corruption. By taking a socio-legal perspective, by exploring the trends
and commonalities of corrupt practices and how they are entrenched in
Overcoming the Corruption Conundrum in Africa xvii
society, and by examining the different sociological landscapes and legal

platforms across African countries, I argue that corruption is practised in
almost every African country, for which different names in their local
languages are used.
Secondly, I study anti-corruption instruments. Later, I argue that the
existence and the domestication of international instruments are not
enough to combat corruption. In reality, a strong political will is required
to complement existing efforts. Thirdly, to combat corruption, its effects
must be known. In doing this, I take a snapshot of the perpetration of
corruption, particularly grand corruption on the African continent. I reveal
that numerous scandals have been documented where senior public
officials acquire expensive properties for their private gains, together with
how billions of liquid cash have been banked in the West by senior state
officials. It is no secret that corruption has inspired its perpetrators to
misappropriate public funds, depriving Africa of resources needed to
pursue socio-economic development. The depletion of resources marked
for any developmental project means that such a project goes unexecuted
or poorly implemented. In this regard, the fight against corruption in
Africa cannot be waged by Africa alone. I argue in this book that there is a
need for foreign governments to cooperate with African countries. The
cooperation may take different forms, and will ultimately require a strong
political will from the governments involved.
In conclusion, I make specific findings: first, that no African society is
immune to corruption. Second, corruption has adverse effects that are
more devastating on the African continent due to its level of development
and scarcity of resources. Third, stolen resources or public funds from
African countries are usually channelled secretly to non-African countries
where they are kept. It becomes a challenge for African law enforcement
to detect, investigate and prosecute corrupt perpetrators. The outcome of
my reconnaissance of the enemy has led me to make the following
proposal: corruption has been a representation of the failure of Africans to
uphold ethical values. To triumph against corruption, Africa requires a
strong political will to complement the existing legislative frameworks and
institutional mechanisms. Political will is the sine qua non of a corruption-
free Africa; without it, national efforts will be in vain. Considering
corruption is a borderless crime, Africa needs to consider international
cooperation seriously. As set out in international and continental
instruments, cooperation between states is important in the fight against
corruption. In this regard, states to which funds have been illicitly
transferred have an obligation to return them where they belong. Their role
requires the following: strict laws regulating financial institutions that
xviii Preface
receive assets from non-residents without interrogating their sources; the

provision of mutual legal assistance by assisting law enforcement through
the provision of information that will help in investigating such illicit
transfer of funds, assisting in repatriating stolen assets; and also
prosecuting legal and natural persons who are involved in the commission
of corruption (directly or indirectly). This fight against corruption requires
commitment, resilience and bravery from the people of Africa. With this, I
hope Africa will rise like a phoenix and achieve remarkable success.
ACKNOWLEDGEMENTS
In my parents, I have everything a daughter will ever need. When God

created me, he had both of you in mind, and I could not have asked for
better parents. Musiwa Collen Mufamadi and Thinavhuyo Esther Munyai
Mufamadi, you are truly the best. Your unfailing love for me is without
measure. I am grateful that you dedicated your lives to ensure that I get the
best education and guidance. You are truly amazing parents and in you I
see perfection. I would also like to thank my younger brother, Lifa Andani
Mufamdai for his support and understanding throughout this journey.
This work would not have been possible without the support and
guidance of Professor Avitus A. Agbor. A true mentor is one who holds
and guides his student to become like him. You were the best and continue
to be the best teacher. You have continuously guided, believed and
supported me in my work. May the Almighty God continue to bless you
abundantly, favour and protect you.
I express my sincere gratitude to the faculty of law at the University of
Johannesburg.
I am indebted to Adam Rummens, of Cambridge Scholars Publishing,
and Eleanor Moore, for helping me to make this book a success.
LIST OF ABBREVIATIONS
ACA Anti-Corruption Act

ACC Anti-Corruption Commission
APRM African Peer Review Mechanism
AU African Union
AUCPCC African Union Convention on Preventing and
Combating Corruption
CECA Corruption and Economic Crime Act
CPI Corruption Perception Index
DCEC Directorate on Corruption and Economic Crime
EACC Ethics and Anti-Corruption Commission
ECOSOC United Nations Economic and Social Council
ECOWAS Economic Community of West African States
EFCC Economic and Financial Crimes Commission
EU European Union
FIAA Foreign Illicit Assets Act
FIU Financial Intelligence Unit
FATF Financial Action Task Force
ICAC Independent Commission against Corruption
ICCPR International Covenant on Civil and Political Rights
ICESCR International Covenant on Economic, Social and
Cultural Rights
ILC International Law Commission
KCC Kampala City Council
MLA Mutual Legal Assistance
MoU Memorandum of Understanding
NEPAD New Partnership for Africa’s Development
NYS National Youth Service
OECD Organisation for Economic Cooperation and Development
PCA Prevention of Corruption Act
PPRA Public Procurement Regulatory Authority
PSC Public Service Commission
SADC Southern African Development Community
SCC Special Criminal Court
SIC Special Investigation Commission
SIP Special Investigation Panel
Overcoming the Corruption Conundrum in Africa xxi
StAR Stolen Asset Recovery Initiative

UN United Nations
UNCAC United Nations Convention against Corruption
UDHR Universal Declaration of Human Rights
UNCITRAL United Nations Commission on International Trade Law
UNGA United Nations General Assembly
CHAPTER ONE
INTRODUCTION
Corruption can be described as an invisible enemy among human beings.

The question that comes to mind is: whose enemy is it exactly? There is no
shadow of a doubt that corruption is not the enemy of its beneficiaries, but
the exclusive and ultimate enemy of anyone deprived of its benefits.
Corruption is endemic: it exists everywhere.1 Furthermore, in societies
where it has been entrenched in the social fabric, it has been elevated to a
culture, a daily practice, a way of life and a means to an end. In such
instances, corruption often benefits both the perpetrator (the person who
offers a promise, reward or gift in order to achieve something) and the
beneficiary (the person who receives the gift or reward, or the person to
whom a promise is made). For example, when a bribe for the issuance of a
licence or permit is given to a state official, the transaction benefits the
perpetrator as s/he gets what s/he wants (not deserves at that specific
moment) and the receiver of a gift is enriched by the bribe s/he receives.
Unfortunately, those who do not have the means to make such a promise
(offer a reward or give a bribe) are adversely impacted by such corrupt
practices, as the perpetrators and beneficiaries (or recipients) regard giving
a bribe, reward or promise as the conventional way of doing business or
achieving something.
The term “corruption” is usually used in society when people feel they
are being deprived of what rightfully belongs to them, or when they do not
get proper services that should be rendered to them simply because they
have not engaged in any conduct aimed at facilitating the delivery of such a
service. Within communities, there are both public and private spheres. The
state, on the one hand, has an obligation to render services to both natural
and legal persons over which it has jurisdiction. Some of these services
include the provision of water, educational facilities, medical institutions,
1Gerald E. Caiden, “Accounting For Success in Combating Corruption” in Different

Paths to Curbing Corruption: Lessons from Denmark, Finland, Hong Kong, New
Zealand and Singapore, ed. Jon S. T. Quah, (Bradford: Emerald Group Publishing,
2013), 196.
2 Chapter One
driving licences, business permits, construction sites, building

authorisations, among others. Individuals and groups operate within the
private sphere. However, to a greater extent, the existence and survival of
the private sphere, especially with regard to social and economic activities,
depends on the regulations in place that are implemented by the state (as
clearly, it is a prerogative that it enjoys based on sovereignty). Therefore,
interaction between the private and public spheres will occur on a regular
basis. For instance, permits for business activities have to be applied for and
obtained prior to the commencement of business; driving licences have to
be issued to applicants in order to enable them to drive; associations have to
be registered in conformity with laws and policies in place before they can
operate. Such scenarios highlight the frequent interaction and intersection
between public and private spheres in every community.
However, how these interactions are done, what processes are followed,
the speed at which these processes are run and their outcomes remain
matters to be determined by every public official in charge. Despite the fact
that laws and policies regulate these, the power to implement them is often
discretionary. In areas where administrative accountability is weak or
lacking, the exercise of such discretionary powers may be unreasonable,
discriminatory, biased and unfair. Even in cases where there are sufficient
guards against such mal-administrative practices, individuals still show a
tendency to influence the outcomes of applications, especially when they
know they do not qualify. This paves the way for the giving of gifts (referred
to as “bribes” in criminal law). Similar situations occur when businesses
influence individuals in positions of authority to obtain contracts by making
promises to them. In the public sphere, a state official may appoint a relative
who lacks the requisite qualification for a position. Additionally, assets
entrusted in the hands of a public official may be misappropriated or
embezzled, for instance, making use of a state-funded car for a private trip
or siphoning funds allocated for a project to other personal projects. In
politics, the outcome of elections may be influenced through voter fraud and
dubious counting mechanisms put in place to gain access to or to retain
political power. Examples of such illicit, dishonest and fraudulent practices
abound. Seen from both a layperson’s and a legal perspective, these are all
acts of corruption. The question that comes to mind is: what then is
corruption? The different ways in which corrupt acts are committed help to
explain the elusiveness of finding a universally acceptable definition of
what corruption is. As explained later in this book, the difficulty in defining
corruption partly explains why overcoming it has been challenging to
numerous legal systems, especially in Africa.
Introduction 3
Studies by legal and social scientists (who have written on the subject)
have attempted to deconstruct the term “corruption”. Prior to examining
these studies, the definition of corruption as suggested by two dictionaries
of English is provided. The Oxford English Dictionary defines corruption
as a “dishonest or fraudulent conduct by those in power, typically involving
bribery”.2 This is quite a restrictive definition as it defines corruption within
the context of those in power. The Merriam Webster Dictionary provides a
much broader definition of corruption. The term is seen or understood as
“dishonest or illegal behaviour, especially by powerful people (such as
government or police officials)”.3 This definition is situated within the
broader term but with great emphasis on those in power.
These two definitions provide a starting point for the delineation of what
corruption is (at least, from the perspectives of these definitions). As
defined, corruption involves an act. The act could take different forms:
promises, gestures, gifts, rewards, prizes, misappropriation, influence, or
fraud. However, the act itself does not suffice to make it corruption (when
seen from a legal perspective). It is the intent underlying the act that would
qualify it as corruption. In this regard, such an act must be dishonest,
fraudulent, illegal or even unethical for it to meet the requirements of a
corrupt act. This analysis assumes that corruption, as defined above, is not
limited to the public sphere; it may take place within the private sphere,
even though prosecution of such cases depends on a variety of factors.
Beyond these definitions, scholars and practitioners have propounded
numerous definitions on what they perceive to be corruption. Some scholars
argue that there is no universal definition of corruption; some even say that
a universal definition is probably impossible.4 Other scholars, however,
provide a much more general and broader definition of what corruption is
by pointing out that it is a deeply rooted phenomenon that consists of a wide
variety of actions and/or behaviours that refer to a dynamic process and its
outcome.5 On the contrary, other scholars define corruption as the sale of
government sources by government officials for private gains. 6 However,
2 Sharon Hayes, Criminal Justice Ethics: Cultivating the Moral Imagination (UK,
Oxon: Routledge, 2015), 136.
3 http://www.merriam-webster.com/dictionary/corruption accessed May 12, 2019.
4 Mark Jorgensen Farrales, “What is Corruption? A History of Corruption Studies
and the Great Definitions Debate” (2005) UCSD,

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1739962.
5 Divyanshi Chugh, “Psychology of Corruption: The Motivation behind and
Conditioning of Corruption in India” The Learning Curve, (2012)

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2117247.
6 Abhijit Banerjee, Rema Hanna, and Sendhil Mullinathan “Corruption” in The
Handbook of Organisational Economics, ed. Robert Gibbons and John Roberts,

4 Chapter One
this definition is quite restrictive, as it focuses only on corruption in the

public sphere: that is, corruption perpetrated by individuals linked to
government.
By inserting the involvement of government officials into the definition
of corruption, there is a likelihood of corruption becoming associated with
the culture and practice of politics. Therefore, corruption becomes
traditionally accepted and perceived as a practice by government officials
who occupy public offices. This approach is not only limited but also
complicated, as it eliminates other instances of corruption occurring in the
private sphere. For this reason, perhaps corruption should be seen from
different perspectives: from both the Moralist and Revisionist Schools.
Philosophers in the Moralist School condemn corruption, arguing that any
and every kind of corruption is toxic to society, politics and development.
Moreover, moralists believe that corruption is one of the unpalatable
consequences of a lack of moral behaviour, which in turn, holds back
society from further development. On the other hand, philosophers in the
Revisionist School are hesitant to quickly condemn corruption. These
philosophers believe that corruption emanated from the “disequilibria
between different systems”, and that corruption is a result of modernisation
and development. Put simply and categorically, Revisionists do not see
corruption as being “inherently harmful”. 7
Corruption is generally categorised into three groups: political
corruption, economic corruption, and public administration corruption. The
involvement of state officials, some of whom are political actors, in the
definition of corruption, partly helps to explain political corruption. Political
corruption exists when a person has gained political power, which
subsequently leads to the deviation of the individual’s behaviour from the
guidebook of state politics and policies. Such deviation from the guide
affects decisions made by government officials: they abuse their political
power by serving their private interests and replace public and common
(New Jersey: Princeton University Press, 2012), 1112; Andrei Shleifer and Robert
W. Vishny, The Grabbing Hand: Government Pathologies and their Cures
(Cambridge: Harvard University Press, 2002), 91; Omer Gokcekus and Kevin
Bengyak, Peculiar Dynamics of Corruption: Religion, Gender, EU Membership,
and Others (Singapore: World Scientific, 2014), 11; Geoffrey M. Hodgson, From
Pleasure Machines to Moral Communities: An Evolutionary Economics without
Homo economics (Chicago: University of Chicago Press, 2012), 154; Alberto Ades
and Rafael Di Tella, “The New Economics of Corruption: A Survey and Some New
Results” in Combating Corruption in Latin America, ed. Joseph S. Tulchin and
Ralph H. Espach, (Washington: Woodrow Wilson Centre Press, 2000), 38.
7 See Farrales, What is corruption.
Introduction 5
interests with private gains. 8 Actors of political corruption act with “a

certain amount of deliberate, coordinated action in order to share the
benefits and subsequently hide the activity from regulators, the press, or the
parties being disenfranchised”.9 Economic corruption occurs when the
principal’s interests are sacrificed for the agent’s interests resulting in the
making of profits.10 Lastly, public administration corruption exists when
state officials abandon the principles of public service responsibility and
accountability, such as efficiency, truthfulness and openness. This often
results in the transfer of public benefits to private benefits. 11
Some scholars argue that, depending on the power an individual has to
make decisions, corruption can be either active or passive. 12 Active
corruption may be described as a deliberate act by anyone who promises or
gives, directly or through a third party, an advantage of any kind to an
official for either himself or any other person, to enable the official to act or
refrain from acting in accordance with his/her duties or functions,13 whereas
passive corruption occurs when an official accepts or receives payment.14
Apart from the above-mentioned categories of corruption, the latter may
also be categorised as either grand or petty. Grand corruption involves a lot
of money and is frequently defined as the considerable spending of funds,
which has a major impact on a government budget and the development of
a country.15 The general concern with grand corruption is that it affects the
8 José G. Vargas-Hernández, “The Multiple Faces of Corruption: Typology, Forms

and Levels” in Organization Immunity to Corruption: Building Theoretical and
Research Foundation, ed. Agata Stachowicz-Stanusch, (Charlotte: Information Age
Publishing, 2009), 132.
9 Peter DeLeon, Thinking about Political Corruption (UK, London: Routledge,
2015), 25.
10 Vargas-Hernández, “The Multiple Faces of Corruption: Typology, Forms and
Levels”, 132.
Levels”, 133.
Levels”, 132.
13 Stuart H. Deming, The Foreign Corrupt Practices Act and the New International
Norms (Chicago: American Bar Association, 2010), 423.

14 Sharon Eicher, “What Corruption is and Why it Matters” in Corruption in
International Business: The Challenge of Cultural and Legal Diversity, ed. Sharon
Eicher, (Farnham: Gower Publishing Ltd, 2012), 5.
15 Susan Rose-Ackerman, Corruption and Government: Causes, Consequences, and
Reform (Cambridge: Cambridge University Press, 1999), 27; Vinay Kumar

Bhargava and Emil P. Bolongaita, Challenging Corruption in Asia: Case Studies
and a Framework for Action (Washington: World Bank Publication, 2004), 90;
6 Chapter One
level of trust society has in its leaders and, most importantly, widens
different levels of inequality.16
Petty corruption may be understood as “bribes and other direct and
illegal perks offered to street-level bureaucrats”.17 Petty corruption may also
be described as a street-level form of corruption involving an individual
interacting with the state. Technically speaking, petty corruption involves
middle- or low-level public officials who are often grossly underpaid and
interact directly with the public.18 The obvious effect of this form of
corruption is that it generally harms poor members of society when they
interact with public officials to request public services.19
There are two distinct scholarly positions regarding the impact of
corruption. On the one hand, some scholars condemn corruption, arguing
that it has negative effects on governments, economies and service delivery,
while on the other hand, other scholars contend that corruption has positive
effects. Those belonging to the latter school of thought argue that corruption
may aid both foreign and domestic entrepreneurs and investors, and could
be helpful in gaining some sort of control over policy progress and
government activities in the economy which, in turn, would significantly
reduce the negative effects of existing political uncertainties on investments
and productive activities.20 China, with its unparalleled growth, is used as
an example. Combining China’s growth with its high levels of corruption,
it could be argued that “China’s corruption may be more developmental
than destructive”.21 Disciples of this school of thought consider corruption
as a lubricant to the wheels of development, an ideology debunked in this
book.
Other schools of thought hold a different view. These scholars believe
that corruption has a negative impact on both direct domestic and foreign
Dante B. Canlas, Muhammad Ehsan Khan, and Juzhong Zhuang, ed. Diagnosing the
Philippine Economy: Toward Inclusive Growth (London: Anthem Press, 2011), 314.
16 Paul Heywood, Routledge Handbook of Political Corruption (UK, London:
Routledge, 2014), 200.

17 Heywood, Routledge Handbook of Political Corruption, 111.
18 Thomas Theisohn and Carlos Lopes, Ownership Leadership and Transformation:
Can We Do Better for Capacity Development (UK, London: Routledge, 2003), 115.
19 Amitava Mukherjee, Food Security in Asia (New Delhi: SAGE Publications India,
2012), 79.
20 John Mukum Mbaku, Corruption in Africa: Causes, Consequences, and Cleanups
(US, Lanham: Lexington Books, 2010) 95.

21 Shawn Shieh, “Corruption, Economic Growth and Regime Stability in China’s
Peaceful Rise”, in China’s “Peaceful Rise” in the 21st Century, ed. Sujian Guo,
(England: Ashgate Publishing Ltd, 2006), 65.
Introduction 7
investment.22 One of the significant effects of corruption is its ability to

affect investment levels and income from taxes, which in due course reduce
the income of the economy, thus raising the cost of transactions. The most
important effect of corruption is “on the pattern of allocation of resources”
and distribution of income within a society.23 The reason why the allocation
of resources within a society is distorted is “because contracts are given not
based on rates but on corrupt income generation”. As to the distribution of
income, this is so because corruption favours the rich. 24
The adverse impact of corruption is felt across every sector of public
life: service delivery, conduct of political elections at all levels, good
governance, the promotion, protection and respect for human rights, and
infrastructural development.25 It erodes the confidence the people have in
their public institutions, and gradually replaces efficiency with mediocrity.
An example of corruption in state institutions is typical of legal systems.
For example, a party in a lawsuit or someone with interest therein corrupts
the judge in order to win a case.26 Corruption also widens the gap between
rich and poor, destabilises legitimate governments and polarises
communities between the haves (those in economically and politically
viable and stronger positions) and the have-nots (victims of corrupt
practices).27 Corruption may also challenge the legitimacy of democratic
institutions. Furthermore, corruption can cause “political instability in a
country (through its effects on income polarisation) and the violence that
can flow from it”.28
No society is immune to corruption. In other words, corruption is
endemic, practised in both developed and developing countries, urban and
rural areas, and democratic and autocratic governments alike. However, the
issue here is not about completely eradicating corruption. The challenge is
to bring corruption to a level that is tolerable and manageable. As such,
22 Aminur Rahman, Gregory Kisunko, and Kapil Kapoor, Estimating the effects of
Corruption: Implications for Bangladesh (Washington: World Bank Publication,

2000), 9.
23 S. D. Chamola, Kautilya Arthshastra and the Science of Management: Relevance
for the Contemporary Society (Delhi: Hope India Publications, 2007), 109.
24 Chamola, Kautilya Arthshastra and the Science of Management, 109.
25 Kim SOO-Am, Kook-Shin Kim, and Min Hong, Relations between Corruption
and Human Rights in North Korea (South Korea: Korea Institute for National
Unification, 2013), 14.
26 Edgardo Buscaglia, Judicial Corruption in Developing Countries: Its Causes and
Economic Consequences (California: Hoover Press, 1999), 3.

27 Lorenzo Pellegrini, Corruption, Development and the Environment (New York:
Springer Science and Business Media, 2011), 63.

28 Pellegrini, Corruption, Development and the Environment, 63.
8 Chapter One
different countries have developed different legislative and institutional

mechanisms aimed at managing the incidence of corruption and bringing it
to a tolerable level.
According to the data revealed by the global anti-corruption watchdog,
Transparency International (hereinafter TI), many African countries are
plagued with corruption. This, however, does not mean that the levels of
corruption in African countries are the same. As publicised by TI in its 2019
corruption index data, the least corrupt African countries are Botswana,
Cape Verde, Rwanda, and Seychelles.29 Strategies taken by these countries
are commendable.
Corruption is a global crisis causing economic, political and social
damage. There is a need for the international community and governments
to take a stand to fight this pandemic. For this to happen, countries must
acknowledge the presence of corruption within society and how it can easily
infiltrate weak government administrations and cloak itself and thrive in
frail legislation. In an attempt to bring corruption to a level that is both
manageable and tolerable, countries, individually and collectively, have
deliberated, established and implemented anti-corruption instruments. The
core objectives of these instruments are not limited to ensuring that
corruption is manageable and tolerable, instead, the instruments seek to
ensure the detection, prevention and eradication of corruption in an attempt
to create a corruption-free society. Unfortunately, over the decades,
achieving these tasks has proved to be an extremely strenuous endeavour.
Numerous reasons account for this, some of which include the clandestine
nature of transactions, privacy concerns, the syndicated character of high-
profile corruption in which numerous individuals play different roles, and
the lack of political will in translating this vision into reality. Corrupt
transactions often require a variety of persons offering social and structural
support in their participation in corrupt activities. As such, when inequality
increases, people tend to justify their corrupt activities.30 Within the African
context, these factors are not only present, they also elucidate the urgent
necessity of a strong political will to allow national instruments and
institutions to achieve these objectives.
29 Elie Virgile Chrysostome and Rick Molz, ed. Building Businesses in Emerging
and Developing Countries: Challenges and Opportunities (UK, London: Routledge,
2014), 53; and “Corruption Perception Index 2018”, Transparency International,
accessed June 13, 2019,
https://www.transparency.org/files/content/pages/2018_CPI_Executive_Summary.
pdf.
30 You Jong-sung and Sanjeev Khagram, “A Comparative Study of Inequality and
Corruption” American Sociological Review 70, no. 1 (2005), 136, 139 and 140.
Introduction 9
As will be seen in this book, the first major challenge regarding the
eradication of corruption in Africa is tied to the difficulty in defining
corruption. In this context, defining corruption would mean developing and
postulating a watertight definition that captures or embraces all the various
acts of corruption. If this could be done, penalising corruption would
probably be easier. However, it is easier to explain corruption than to define
it. This observation recognises the fact that different African countries have
different perspectives on what corruption is.31 In addition, they give it
different labels within their formal and informal communications. The
allocation of labels to different acts of corruption within various
communities in Africa speaks to how deeply entrenched it is within the
social fabric; its crucial place in formal and informal transactions; and, more
importantly, how challenging it could be when it comes to combating it at
all levels. The difficulty in developing a watertight definition of what
corruption is, i.e. the encapsulation of all its essential ingredients, poses a
major challenge.
Second, the inability to detect corrupt practices committed by high-level
civil servants and bringing them to justice contributes to Africa’s inability
to combat corruption. Many individuals have engaged in acts of corruption,
whether willingly, knowingly, ignorantly or innocently. However, with
regard to corruption perpetrated by senior state officials, it hardly goes
unnoticed. This is so because of the extent to which it is perpetrated; the
nature of the loss caused; and the repetitiveness of the acts. Owing to the
unwillingness of law enforcement officials to identify, investigate and bring
such individuals to justice, corruption becomes a “political culture”
exclusive to specific politicians or state actors. National legislation that is
poorly drafted helps compound the situation as immunity is granted to such
individuals. They are immersed in impunity as they bleed their national
economies, thus depriving their countries of the resources they need for
development. When such individuals permeate the legal system untouched,
then it becomes necessary to solicit the assistance of foreign governments
and financial institutions to assist in curbing corruption. This argument finds
plenty of credence in the fact that misappropriated funds are deposited into
foreign bank accounts. At times, assets are acquired in foreign territories,
making them out of the reach of domestic law.
Third, the greed of state leadership plays a role in the eradication of
corruption in Africa. Bearing in mind how many African legal systems are
faced with frail laws and institutions, often, public officials go unpunished
and stolen valuables are untraceable, resulting in the retrogression of the
31 Matthew Burrows, The Future, Declassified: Megatrends That Will Undo the
World Unless We Take Action (New York: Palgrave Macmillan, 2014), 22.
10 Chapter One
state and gross human rights violations. Weighed down by speculations that
Africans are corrupt by their very nature, the presumption is that Africa is
clouded with bad governance as a result of poor and irresponsible
leadership. A number of African countries have been, or are, under
dictatorship.32 Even though some countries characterise their systems as
democratic, they usually find themselves relapsing into autocracy for the
simple reason that their democracies are not founded on the right normative
and institutional framework. Such countries often experience high levels of
corruption, particularly because of the disinterest by those in power to take
action in the fight against corruption. Instead, they are motivated by the
realisation that the existence of strong anti-corruption laws and institutions
would limit and/or eventually eliminate their illegal opportunities. Apart
from dictatorships, countries that were once colonised and have
subsequently gained independence from colonial rulers tend to have high
corruption levels. The new leadership, which vowed to transform the nation,
often finds itself realising the immense power and the influence it has, and
subsequently, refuses to abdicate political leadership by engaging in
fraudulent acts all geared towards obtaining, retaining and consolidating
political leadership. Some African leaders have gone on record for
engineering constitutional amendments aimed at extending their mandate
and terms of office. When such individuals perpetuate such kinds of corrupt
practices, they dilute a country’s efforts towards combating corruption.
They become the point of reference to low-level corrupt officials who argue
like the legendary Poor Parson in Chaucer’s General Prologue to the
Canterbury Tales that “if gold can rust, what should iron do?”33
The mere existence of corruption has an immense impact on society, and
particularly on the development of a country. Corruption easily flourishes
in countries that are developing. A developing country has numerous
resources (monetary, property or natural resources) at its disposal aimed at
enhancing the growth of the economy or its development, in an effort to
advance people’s way of life. A sound, wise and rational use of these
resources depends on the efficient and honest fulfilment of official
obligation(s) by state officials. Often these officials fail to diligently
perform their duties because they frequently gravitate towards engaging in
practices aimed at enriching themselves at the expense of the general public.
32 Angola (José Eduardo dos Santos 1979-2017), Cameroon (Paul Biya is the current
president of Cameroon and took Presidential office in 1982), Republic of the Congo
(Denis Sassou Nguesso took office in 1943 and continues to be the president),
Equatorial Guinea (Teodoro Obiang Nguema Mbasogo is the current president since
1982) and Gabon (Omar Bongo Ondimba 1967-2009).
33 Geoffrey Chaucer, Canterbury Tales (New York: Simon and Schuster, 1990), 11.
Introduction 11
This results in the deprivation of public entitlements and a very slow

development of the country. Qualifying corruption as an “invisible enemy
among us” is not an overstatement. Corruption fuels and intensifies pre-
existing predicaments, such as the realisation of economic and social rights.
It widens the gap between rich and poor, escalates levels of poverty,
alienates communities, fuels discrimination, and fans the flames of political
resentment. Tackling corruption is a moral and legal imperative, given the
diverse ramifications it has on democracy, accountability, and the rule of
law, human rights, and the development of a country.
Acknowledging all concerns attributed to corruption, existing anti-
corruption instruments and institutions have been established to improve the
detection of corrupt practices with the pious hope of managing it, if not,
completely eradicating it within the borders of African countries. However,
despite the existence of an avalanche of instruments condemning and
criminalising corruption, its perpetration has changed in nature as it has
escalated over the decades. National institutions, including domestic and
international instruments, are not in themselves sufficient to tackle
corruption. Political leadership should exude an unquenchable and
undiminishing desire that complements national institutions and
instruments. In societies where corruption is deeply rooted and a way of
doing business, any solution that is not accompanied and complemented by
a strong political will is inadequate.
Worthy of note is the fact that the effectiveness of national anti-
corruption institutions does not solely depend on their independence and
aims—their effectiveness significantly depends on the support given to
them by the political elite. The existence of a plethora of laws and
institutions does not in itself fight corruption. Political leadership should
demonstrate an unequivocal desire to set the necessary tone for everyone to
be engaged in the anti-corruption fight. In this regard, the identification of
suspects, the scrutiny of state accounts, and the investigation of transactions
and their prosecution can only be done if political leadership is ready and
willing to see its own ilk held accountable for the perpetration of corrupt
practices. Political will is priceless in the fight against corruption; its
absence has resulted in the high prevalence of corrupt practices in Africa.
In an attempt to find workable and practical solutions to enable Africa
to combat corruption, a socio-legal inquiry into the perpetration of
corruption in Africa is necessary. It is imperative to investigate the diverse
ways through which corruption is committed, and how different
communities (legal systems) respond to the criminalisation of corruption,
together with the adverse impact of corruption on socio-economic
development, democracy, human rights and the rule of law. In this book, it
12 Chapter One
will be seen that, despite the existence of numerous legislative efforts by

African countries, the absence of a strong political will on behalf of African
leaders will eventually benumb every mechanism in place.
CHAPTER TWO
UNDERSTANDING CORRUPTION:
A SYNOPSIS
Corruption is best described as a betrayal of trust at the expense of others. 1

Over the years, it has become one of the central issues in both the national
and the international spheres. There is a large amount of interest and
motivation involved in combating corruption and promoting good
governance.
Owing to the various facets of corruption, the likelihood of its
exhaustive definition is simply not possible, and attempts at defining it have
led to definitional and ontological problems. 2 There are numerous opinions
and submissions surrounding the meaning, nature and implications of
corruption, particularly because even though it is easy to identify an act as
being corrupt in any given situation, it is more difficult to define it.
As a starting point and in the simplest of terms, corruption may be
understood as the abuse of delegated power for private gains, 3 and may be
classified as either grand or petty depending on the money lost.4
Several researchers have acknowledged the classical definition of
corruption by Joseph S. Nye. According to Nye, corruption is a behaviour
that deviates from the formal duties of a public role (elective or appointive)
1 Laurence Cockcroft, Global Corruption (New York: Best Red, 2014), 80. See also
John Thomas Noonan, Bribes (Berkeley: University of California Press, 1987), xx.
2 Benon C. Basheka, “Public Administration and Corruption in Uganda” in Public
Administration in Africa: Performance and challenges, ed., Shikha Vyas-

Dooegapersad, Lukamba-Muhiya Tshombe, and Ernest Peprah Ababio, (Florida:
CRC Press, 2013), 59.
3 Christopher J. Anderson and Yuliya V Tverdova, “Corruption, Political
Allegiance, and Attitude toward Government in Contemporary Democracies”,

American Journal of Political Science 47, no. 1 (2003), 92; and You Jong-sung and
Sanjeev Khagram, “A Comparative Study of Inequality and Corruption”, American
Sociological Review 70, no. 1 (2005), 136.
4 María González de Asís, Donal O’Leary, Per Ljung, and John Butterworth,
(Washington: World Bank Publications, 2009), 12.

14 Chapter Two
because of private (personal, close family, private clique) wealth or status

gains.5 Despite the fact that Nye’s definition of corruption is the most
acceptable, such a definition is limited in nature because of its assumed
differentiated society where public office is considered separate from
private interest.6
Corruption may be understood as a cumulative and expansionist process
that is hardly ever reversible, and also spreads from top to bottom;7 hence
in public administration, corruption is mostly the result of senior officials
engaging in corrupt practices. The conduct of corrupt senior public officials
influences the attitude and taints the integrity and morality of junior public
officials in the performance of their duties. If one compares the extent of the
perpetration of corruption, it could be concluded that within the lower ranks,
it is frequently perpetrated, and its consequences are not necessarily drastic
as they are petty in nature. On the other hand, corruption by top officials is
not frequently perpetrated; nevertheless, its consequences are drastic
because they are grand in nature. When senior public officials engage in acts
of corruption and are not reprimanded for such acts, it (negatively) affects
and influences the character of junior officials in the fulfilment of their
duties. In view of this, the change of attitude and the honest fulfilment of
office obligations should be launched at the top in order to serve as guidance
or a point of reference for lower-ranked officials. For this to be realised,
public officials ought to perceive corruption as a disease that feeds on the
cultural, political and the economic fabric of society, destroying its vital
organs; as a societal way of living or association; and as a way of stimulating
5 Jens Andvig, “Corruption in China and Russia compared: different legacies of

central planning” in International Handbook on the Economics of Corruption, ed.,
Susan Rose-Ackerman, (Cheltenham: Edward Elgar Ltd, 2006), 281; Arnold J.
Heidenheimer and Michael Johnston, Political Corruption: Concepts and Contexts
(New Brunswick: Transaction Publishers, 2011), 156; Teresa S. Encarnacion
Tadem, ed., Localizing and Transnationalizing Contentious Politics: Global Civil
Society Movement in the Philippines (US, Lanham: Lexington Books, 2009), 182;
Ernest Harsch, “Accumulators and Democrats: Challenging State Corruption in
Africa”, The Journal of Modern African Studies 31, no. 1 (1993), 33; Alan Dowty,
ed., Critical Issues in Israeli Society (US, Connecticut: Greenwood Publishing
Group, 2004), 33.
6 Harsch, “Accumulators and Democrats: Challenging State Corruption in Africa”,
34.
7 Jean-Pierre Olivier De Sardan, “A moral economy of corruption in Africa”, The
Journal of Modern African Studies 37, no. 1 (1999), 32-33.

Understanding Corruption: A Synopsis 15
civil servants, functionaries, bureaucrats and politicians to misuse public

power bestowed on them for private benefits.8
A straightforward understanding of corruption may be expressed as a
symptom in state management that something has gone wrong.9 Conversely,
a slightly broader understanding of corruption is that it is often used to
outline a range of forms that are not only different but often overlap and are
capable of being classified in numerous ways. The classification is founded
by looking at the type of power being abused (whether in the public or
private sector),10 its nature, scale, and effects, as well as its frequency and
spread (i.e. corruption can be either systematic or isolated, regularly
embedded in systems of governance).
Another perception of corruption is one which does not focus on the
abuse of official power, but rather reflects the ethical responsibilities of
employees in the fulfilment of their obligations. In view of this perception,
corruption is understood as a multifaceted concept, a social disease that
causes injustice affecting many developing countries. Advocates of this
perception argue that corruption is not only the misuse of public office for
private gain, as seen in various studies, but also the abuse of delegated
power, and behaviour deviating from the formal duties of a public official.
While frequently associated with bribery, corruption could also be
understood as a general term that covers the misuse of authority as a result
of considerations of personal gains, which do not necessarily have to be
monetary in nature.11
Another different approach to defining the phenomenon is that
corruption should not be perceived as a behaviour that deviates from a
prevalent norm, or a norm believed to be prevalent in a given context such
as politics. Rather, it should be seen as a deviant behaviour that is
accompanied by a particular motivation, which may be a private gain at
public expense.12 This approach points out how the modern idea of
8 Inge Amundsen, Political Corruption: An Introduction to the issues (Bergen: Chr.

Michelsen Institute, 1999), 1 and 2.
9 Susan Rose-Ackerman and Bonnie J. Palifka, Corruption and Government: Causes
and Consequences, and Reform (Cambridge: Cambridge University Press, 2016),

51.
10 Basheka, “Public Administration and Corruption in Uganda”, 61 and Ljung, “The
Nature of Corruption in the Water Sector”, 12.

11 José G. Vargas-Hernández, “The Multiple Faces of Corruption: Typology, Forms
and Levels” in Organization Immunity to Corruption: Building Theoretical and

Research Foundation, ed. Agata Stachowicz-Stanusch (Charlotte: Information Age
Publishing, 2009), 132.
12 Mark E. Warren, “What Does Corruption Mean in a Democracy”, American
Journal of Political Science 48, no. 2 (2004): 330.

16 Chapter Two
corruption has failed to include a specific kind of integrity as the centre of

democratic processes. This “modern conception” defines integrity as the
behaviour of an official and how it reflects on the norms of his or her office,
which most likely makes sense in the bureaucratic arena but which would
be less meaningful in the political arena where behavioural expectations are
less settled.13
Another perception of corruption worth considering proposes that it is a
mirror image of market activity, involving a wide range of practices that
vary in form and significance, often including acts of theft, embezzlement
of funds, or other misappropriation of state property, nepotism and the
granting of favours to personal acquaintances, and the abuse of public
authority and positions to extract payments and privileges.14
In essence, irrespective of numerous contentions by scholars and
perceptions of what corruption could be, it is evident that in the
administration of a country, corruption is perpetrated by both senior and
junior officials. Additionally, the power vested in these officials allows
them to decide which form or type of corruption to commit in order to
realise their private gains.
Corruption could be understood as an act or series of acts, misconduct
or behaviour that leads to the deviation of one’s obligation to diligently fulfil
one’s duty to the public. The attempted classification of these series of acts
by various scholars and social scientists has led to an understanding of
corruption as being grand or petty, active or passive, bribery, embezzlement,
theft, fraud, abuse of function, favouritism, nepotism, and improper political
contributions, among others.15
Grand corruption and petty corruption are two common forms of
corruption. Grand corruption is known to occur when a high-ranking state
official abuses his or her entrusted position to convert public resources into
his or her private gain. Contrary to this, petty corruption occurs regularly,
often involving small amounts of money or favours, and is perpetrated by
mid-level state officials such as policemen, clerks, nurses or customs
13 Warren, “What Does Corruption Mean in a Democracy”, 331.

14 Harsch, “Accumulators and Democrats: Challenging State Corruption in Africa”,
33-34.
15 United Nations Office on Drug and Crimes (UNODC), United Nations Handbook
on Practical Anti-Corruption Measures for Prosecutors and Investigators, Annex:

The Lesotho Corruption Trials: A Case Study (Vienna: UNODC, 2004), 23-29). See
also Cockcroft, Global Corruption 62; and Ljung, “The Nature of Corruption in the
Water Sector”, 12.
officers. These officials are often influenced by low salaries, poor service
conditions or lack of opportunities for professional growth. 16
There are various conflicting views with respect to the types or forms of
corruption. On the one hand, some scholars identify three basic types of
corruption, namely political, economic, and public administration
corruption.17 Other scholars, on the other hand, are of the view that there are
two basic types of corruption, which they term state capture and
administrative corruption. Scholars consider state capture as the actions by
an individual, groups or firms, performed in the public or private sector in
order to influence law formations, decrees, and other governmental policies
to their own advantage as a result of illicit and non-transparent provisions
aimed at providing private benefits for public officials. 18 Considering the
definition of state capture, administrative corruption could be understood as
the influence that private benefits to state officials may have in the
implementation of rules. Administrative corruption could further be
understood as the institutionalised personal use and abuse of public
resources by those in public office and in governments with weaker
bureaucratic capacity and accountability.19
In contrast, in economies heavily regulated by government, there are
only two types of corruption: restrictive and expansive. The latter
encompasses activities aimed at facilitating, improving and enhancing
competitive exchange. Activities in this category are aimed at moving the
economy towards its more competitive ideal state, which will, therefore, be
beneficial to wealth creation and economic growth. Restrictive corruption,
on the other hand, is aimed at limiting opportunities for mutually beneficial
free exchange and is perceived as a constraint to wealth creation.20
Time and again, corruption is said to occur in the public sector. The basis
for the occurrence of large-scale corruption in the public sector could be
because of high-ranking state officials exploiting resources allocated to the
16 Ljung, “The Nature of Corruption in the Water Sector”, 19 -20; and De Sardan,
“A moral economy of corruption in Africa”, 28-29.
17 See Chapter 1.
18 Cheryl Williamson Gray, Joel S. Hellman, and Randi Ryterman, Anticorruption
in Transition 2: Corruption in Enterprise-state Interactions in Europe and Central

Asia, 1999-2002 (Washington: World Bank Publications, 2004), 10.
19 Williamson Gray, Anticorruption in Transition 2, 10; Brian Levy, Governance
Reform: Bridging Monitoring and Action (Washington: World Bank Publications,

2007), 19; Gervase S. Maipose, “Aid Abuse and Mismanagement in Africa:
Problems of Accountability, Transparency and Ethical Leadership” in Corruption
and Development in Africa: Lessons from Country Case Studies, ed. Kempe Ronald
Hope and Bornwell C. Chikulo, (London: Palgrave Macmillan, 1999), 92.
20 Mbaku, Corruption in Africa: Causes, Consequences, and Cleanups, 23.
18 Chapter Two
general public. Additionally, they exploit dysfunctional institutions of the

rule of law to steal public funds, and instead of liability being imposed on
them, they are exempted from punishment. 21 It is imperative to
acknowledge that corruption also exists in the private sector. Although not
as prevalent as public sector corruption, it creates an opportunity for private
sector actors to gain access to the civil service in order to fully and
effectively participate in public policy planning and its execution. 22 That is
to say, private sector corruption takes place when those in power and in
business abuse their power to promote their own interests. Moreover, this
form of corruption is capable of causing harm to the economy and to other
areas in the public sector.23
People engage in corrupt acts for various reasons. Nonetheless, they all
share a common outcome: wrongfully acquiring benefits by depriving those
who rightfully deserve them. Benefactors of the procurement of private
gains can be directed either to the corrupt perpetrator or to two or more other
persons. It can be said that corruption can be either private or collective.
Private corruption is where the corrupt person seeks and collects private
benefits for himself and for his family or close friends. On the other hand,
corruption may also be collective and occurs where resources are
deliberately extracted for the benefit of a larger group. Considering the fact
that corruption is a state-society relationship, which is rarely balanced,
corruption can also be redistributive (resources flowing from the state to the
society) or extractive (resources flowing from the society to the state) in
nature.24
It is evident that through its unrestricted manifestations, corruption
influences the daily activities of a society, ranging from business and
education, to the delivery of services in government, thus affecting the
workings of society enormously. In any task where one has to examine the
effects of a harmful matter that needs to be dealt with, the question should
be thoroughly investigated. Corruption is no exception. The only difficulty
with investigating corruption is that its mere existence is more difficult to
conceptualise and measure and its consequence is not always obvious.25
The severity of corruption on the African continent is so grave that it
continues to weaken democracies and the principle of the rule of law. It also
infringes human rights, misleads markets and undermines the greatest
21 Kolawole Olaniyan, Corruption and Human Rights Law in Africa (London:

Bloomsbury Publishing, 2014), 19.
22 Mbaku, Corruption in Africa: Causes, Consequences, and Cleanups, 88.
23 Olaniyan, Corruption and Human Rights Law in Africa, 20.
24 Amundsen, Political Corruption: An Introduction to the issues, 4-5.
25 Amundsen, Political Corruption: An Introduction to the issues, 92 and 93.
attribute of a human being: life. Additionally, corruption stimulates the

perpetration of organised crimes and terrorism, and threatens human
security; it frustrates the poor within society through the diversion of public
funds meant for development, which is one of the many causes of poverty;
it weakens a country’s capacity and public satisfaction in the delivery of
basic services; it aggravates pre-existing inequality and injustices; in the
economy, it deters “foreign investments and aid”; it drains the public
treasury; and it threatens the foundation of the laws on which a country is
based.26
Corruption worsens existing predicaments within society by reinforcing
already existing inequalities and aiding unequal appropriation of wealth and
retention of privileges by inhibiting institutional change that may possibly
threaten existing advantages. Additionally, corruption authorises the
continuous unequal allocation of assets and the ownership of assets,
together with unequal access to education, thus lessening “the
progressiveness of the tax system”, and decreasing the level and
effectiveness of social spending in conjunction with a decrease in economic
growth.27
Corruption distresses society in various ways, and so, one cannot rank
or prioritise its effects on a country and its people. What is important,
however, is the unbiased recognition of these effects in order to explore
possible frameworks or mechanisms aimed at eradicating it. It may be
accepted that certain effects of corruption are significant. These include the
diversion of funds from international aid organisations designated for
development projects; the diversion of revenue funds from publicly owned
natural resources meant for the nation’s population; and the attraction of the
worst sort of professionals who are characterised by greed and self-serving
corruption.28
More often than not, underprivileged members of society tend to suffer
more in countries with high levels of corruption. As a result, these people
are often placed in fragile positions because corruption infringes their
fundamental rights, thus leading to the deprivation of basic services. An
ideal example to illustrate this would be the case of Zimbabwe. Supposedly
acknowledging the impact of corruption on its people, Chapter 13 of the
Zimbabwean Constitution provides for institutions to combat corruption. 29
26Olaniyan, Corruption and Human Rights Law in Africa, 1 and 5. See also Basheka,
“Public Administration and Corruption in Uganda”, 59.
27 Jong-sung and Khagram, “A Comparative Study of Inequality and Corruption”,
140.
28 Basheka, “Public Administration and Corruption in Uganda”, 61.
29 Constitution of Zimbabwe Amendment (No. 20) Act of 2013.
20 Chapter Two
Corruption in Zimbabwe seems to have been accepted as a way of life and

it is mostly seen in the mining industry, which over the years, has been
tainted with numerous incidents of bribery and other acts of corruption.30 In
spite of the constitutional provisions meant to safeguard the needs of the
people, Zimbabwean society has gravely suffered over the years and is,
regrettably, still suffering. In essence, when constitutional provisions are
disregarded, corruption becomes a core destructive force in society, capable
of affecting societal and governmental structures. It distresses society and
government, and frustrates the human rights provisions recognised by a
country. Additionally, corruption threatens the justice system, economy,
democracy and politics of a country.
Corruption has an impact on the economy of a country as well as holding
back its development.31 According to Amundsen, there is an ambiguous
relationship between corruption and economic development. In explaining
the extent of corruption in an economy, Amundsen points out that levels of
corruption vary, and as such, are dependent on the levels of economic
prosperity of a country. This could imply that as a country grows richer, the
levels of corruption are more likely to decline. 32
Corruption influences the political arena. Little thought has been given
to the consequences of corruption among politicians. Corruption targets the
conditions of political activity, without which a democracy cannot exist (the
principles of transparency, together with the equality of political rights).
That is to say, corruption erodes these conditions and as a result, the quality
of democracy is affected.33 Perpetrators of corruption possess what they
refer to as skills of illegality. This notion is based on the fact that actors of
corrupt activities are mindful that corruption is punishable by law, hence
corrupt transactions are often performed in secret. The rationale is that
corrupt actors perform corrupt practices, and time and again find ways that
are least open to scrutiny. When executing illegal acts or misconducts,
perpetrators take the necessary measures to cover and protect themselves.
Most importantly, individuals who engage in corrupt practices have
extensive and direct information of individuals who are willing to
30 Wellington Garikai Bonga, Johannes Chiminya, and Calvin Mudzingiri, “An
Explanatory Analysis of the Economic and Social Impact of Corruption in

Zimbabwe”, IOSR Journal of Economics and Finance 6, no. 1 (2015), 11.
31 José M. Magone, ed., Routledge Handbook of European Politics (UK, London:

32Amundsen, Political Corruption: An Introduction to the issues, 15 & 19.
33 Donatella Della Porta and Alessandro Pizzorno, “The Business Politicians:
Reflections from a Study of Political Corruption”, Journal of Law and Society 23,
no. 1 (1996), 74.
participate in illegal transactions and of those who, even though they have
no desire to be involved, occupy authoritative positions where corrupt
opportunities are most frequent. In the simplest of terms, politicians
involved in corrupt activities have little fear of the risks involved because
they have little to lose.34
Considering its relationship with democracy, corruption is usually a
result of duplicitous violations of the democratic norm of inclusion. The
conceptual link between the two concepts can be seen when individuals,
who have a claim to inclusion in collective decisions and actions, are subject
to deceitful and harmful segregation. The inexistence of a conceptual guide
as to what corruption entails in a democracy is due to corruption damages
not being related to the systematic norms of democracy. 35 Democracy is
defined by the link between collective decision-making and the power
people have to influence decisions through acts of speech and voting. In a
democratic society, corruption breaks this link by minimising effective
public action, thus creating ineffective public service deliveries; shrinking
the perception of collective actions; undermining democratic capacity
among individuals in civil society by generalising suspicions, eroding trust
and reciprocity; moving public activities to sectors that may make it
possible for individuals to engage in corruption; and finally, transforming
the rights which people are entitled to, thus turning them into favours that
can be repaid in kind.36
An ideal democratic political system is characterised by principles that
presume that a government is accountable to its citizens, the laws
administered are equitable and fair, governmental actions are transparent,
and all citizens have access to the political process. However, failure by
such a government to fulfil these principles could imply that the political
system is concealed by low legitimacy levels. With corruption being part of
modern democracies, it systematically weakens democratic principles (such
as accountability, equality and openness); as a result, it diminishes the faith
34 Porta and Pizzorno, “The Business Politicians: Reflections from a Study of

Political Corruption”, 75 and 76.
Political Corruption”, 332.

36 Warren, “What Does Corruption Mean in a Democracy”, 328 and 329.
22 Chapter Two
of the people in political processes37 and significantly hinders

development.38
Anti-corruption efforts and human rights complement one another, viz.
human rights obligations together with principles of vigilance and diligence
are crucial in the fight against corruption. The core objectives of anti-
corruption mechanisms, which are the promotion of and adherence to the
principles of good governance and the rule of law, are fundamental in the
recognition of human rights provisions.39
There are manifold links between corruption and human rights. Potential
human rights gains may be squandered if corruption suppresses
entrepreneurship, constrains economic development, and ultimately,
becomes the “yeast from which political dissent is brewed”. Enrichment
through corrupt means aggravates inequality and poverty since enrichment
of the elite in the political arena depends on the appropriation of funds and
resources that were intended for the public good, thus resulting in basic
human rights violations.40
In theory, there are three ways in which corruption has negative
implications for a country’s human rights obligations. First, corruption
violates human rights by interfering with people’s rights to dispose of their
well-deserved natural wealth and resources, thus increasing poverty and
frustrating socio-economic development. Second, corruption can lead to a
multitude of human rights violations. Lastly, corruption violates the general
duty to respect, protect and promote human rights. Furthermore, considering
the fact that there are countless examples of corrupt practices, it is
impossible to effectively combat corruption without a thorough and deeper
understanding of its nature and effects on human rights.41 With the daily
perpetration of corruption by state officials, few are prosecuted, particularly
high state officials. However, if a state official happens to be under
investigation and is taken to court, the case often proceeds at a snail’s pace
due to an abuse of discretionary powers on the part of the prosecution or
judicial officer(s). As a result, huge expenses will be spent on state resources
during the investigative and prosecution process. In such instances,
37 Anderson and Tverdova, “Corruption, Political Allegiance, and Attitude toward
Government in Contemporary Africa”, 91.

38 Lisa Rakner, “Governance” in Politics in the Development World, ed. Peter
Burnell, Vicky Randall, and Lise Rakner, (Oxford: Oxford University Press, 2014),
233.
40 Frans Viljoen, International Human Rights Law in Africa (Oxford: Oxford
University Press, 2012), 273.

41 Olaniyan, Corruption and Human Rights Law in Africa, 12 & 15.
corruption cases against high-level state officials simply serve no more than
a symbolic purpose to the principle of state accountability. This is because
where the prosecution of high-level perpetrators takes place, irrespective of
the outcome of the case, the corrupt state officials prosecuted often keep
their ill-gotten wealth.42
Corrupt politicians are in a position to obtain support and complicity
from magistrates and other anti-corruption organs.43 In order to address the
ineffectiveness of anti-corruption mechanisms, anti-corruption agencies or
institutions must be designed in such a way that no state official will possess
a monopoly or have control over these institutions, and that the only power
a state official may possess is that linked to the mechanisms of
accountability. With regard to the rules that guide the operations of officials,
such rules should be clear and should, as much as possible, “minimise the
chances for the exercise of discretionary judgment”. 44
Even though the criminal approach has little influence in the fight
against corruption, the biggest challenge for a country with a high level of
corruption would be finding ways to reform an institutionally corrupt
political system that lacks capacity.45 Human rights laws alone cannot
possibly provide a solution to the problem of corruption; they can,
nonetheless, be seen as a strong deterrent and motivation for one to take
action. Human rights can be seen as a means to justice and fairness, and the
basis of effective remedies for victims of corruption. Most importantly, all
that human rights laws have accomplished could be beneficial to anti-
corruption movements. On the other hand, criminal law may also aid in
curbing corruption. However, criminal law, on its own, cannot be used to
fight corruption because the criminal law response to corruption tends to be
technical, onerous and problematic, often due to the element of secrecy in
which corruption is undertaken. What criminal law does is provide short-
term enforcement benefits, while human rights law may establish
substantial accountability mechanisms and normative standards, which are
not only long-term but also durable and sustainable. The basis for this is that
human rights serve as a foundation for freedom, justice and peace, reflecting
the value of divinity and embracing the idea that the violation of a person’s
human rights suggests a lack of respect to which they are entitled.46

Political Corruption”, 83.
44 Warren, “What Does Corruption Mean in a Democracy”, 330.
45 Robert Harris, Political Corruption: In and beyond the nation state (UK, London:

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Overcoming the Corruption Conundrum

in Africa A Socio Legal Perspective 1st

Women in Indian Society A Socio-Legal Perspective First

A Multidimensional Perspective on Corruption in Africa

Agricultural Land Use and Natural Gas Extraction

Agricultural Land Use and Natural Gas Extraction

The Peoples War The Second World War In Socio political

Power Politics in Africa Nigeria and South Africa in

Overcoming Challenges in Online Learning: Perspectives

Urban Socio-Economic Segregation and Income Inequality:

This book first published 2020

Cambridge Scholars Publishing

Lady Stephenson Library, Newcastle upon Tyne, NE6 2PA, UK

British Library Cataloguing in Publication Data

Copyright © 2020 by Anzanilufuno Munyai

ISBN (10): 1-5275-4335-8

List of Cases ............................................................................................... xi

List of Instruments ..................................................................................... xii

Preface ...................................................................................................... xvi

Acknowledgements .................................................................................. xix

List of Abbreviations ................................................................................. xx

Chapter One ................................................................................................. 1

Chapter Two .............................................................................................. 13

Chapter Three ............................................................................................ 26

Political corruption ......................................................................... 45

Chapter Four .............................................................................................. 62

Chapter Five .............................................................................................. 87

Chapter Six .............................................................................................. 102

Protection of protected disclosures or whistle-blowers ................ 144

Chapter Seven.......................................................................................... 152

Monitoring of banking activities conducted

Chapter Eight ........................................................................................... 196

Bibliography ............................................................................................ 203

Index ........................................................................................................ 233

Ministère Public et Etat du Cameroun C/ Atangana Mebara Jean-Marie,

Ministère Public et Etat du Cameroun (Ministère des Finances – Partie

South African Association of Personal Injury Lawyers v Willem Hendrik

(a) International instruments

United Nations General Assembly Resolution 2106 (XXA), U.N. GAOR,

United Nations General Assembly Resolution 56/83, U.N. GAOR, 56th

(b) National Statutes

Dear Africa. Like cancer, corruption is a disease, spreading rapidly in

society, and by examining the different sociological landscapes and legal

receive assets from non-residents without interrogating their sources; the

In my parents, I have everything a daughter will ever need. When God

ACA Anti-Corruption Act

StAR Stolen Asset Recovery Initiative

Corruption can be described as an invisible enemy among human beings.

1Gerald E. Caiden, “Accounting For Success in Combating Corruption” in Different

driving licences, business permits, construction sites, building

and the Great Definitions Debate” (2005) UCSD,

Conditioning of Corruption in India” The Learning Curve, (2012)

Handbook of Organisational Economics, ed. Robert Gibbons and John Roberts,

this definition is quite restrictive, as it focuses only on corruption in the

interests with private gains. 8 Actors of political corruption act with “a

8 José G. Vargas-Hernández, “The Multiple Faces of Corruption: Typology, Forms

Norms (Chicago: American Bar Association, 2010), 423.

Reform (Cambridge: Cambridge University Press, 1999), 27; Vinay Kumar