Combating corruption while respecting human rights : a critical study of the non-conviction based assets recovery mechanism in Kenya and South Africa
- Authors: Obura, Ken Otieno
- Date: 2014
- Subjects: Human rights -- Kenya , Human rights -- South Africa , Corruption -- Kenya , Corruption -- South Africa , Reparation (Criminal justice) -- Kenya , Reparation (Criminal justice) -- South Africa , Political corruption -- Kenya , Political corruption -- South Africa , Corruption investigation -- Kenya , Corruption investigation -- South Africa
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:3719 , http://hdl.handle.net/10962/d1013159
- Description: The thesis contributes to the search for sound anti-corruption laws and practices that are effective and fair. It argues for the respect for human rights in the crafting and implementation of anti-corruption laws as a requisite for successful control of corruption. The basis for this argument is threefold: First, human rights provide a framework for checking against abuse of state’s police power, an abuse which if allowed to take root, would make the fight against corruption lose its legitimacy in the eye of the people. Second, human rights ensure that the interest of individuals is catered for in the crafting of anti-corruption laws and practices thereby denying perpetrators of corruption legal excuses that can be exploited to delay or frustrate corruption cases in the courts of law. Third, human rights provide a useful framework for balancing competing interests in the area of corruption control – it enables society to craft measures that fulfils the public interest in the eradication of corruption while concomitantly assuring the competing public interest in the protection of individual members’ liberties – a condition that is necessary if the support of the holders of these competing interests is to be enlisted and fostered in the fight against corruption. The thesis focuses on the study of the non-conviction based assets recovery mechanism, a mechanism that allows the state to apply a procedure lacking in criminal law safeguards to address criminal behaviour. The mechanism is thus beset with avenues for abuse, which if unchecked could have debilitating effects not only to individual liberties but also to the long term legitimacy of the fight against corruption. In this regard, the thesis examines how the human rights framework has been used in Kenya and South Africa to check on the potential dangers of the non-conviction based mechanism and to provide for a proportional balance between the imperative of corruption control and the guarantee against arbitrary deprivation of property. The aim is to unravel the benefits of respecting human rights in the fight against corruption in general and in the non-conviction based assets recovery in particular. Kenya and South Africa are chosen for study because they provide two models of non-conviction based mechanisms with different levels of safeguards, for comparative consideration.
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- Date Issued: 2014
- Authors: Obura, Ken Otieno
- Date: 2014
- Subjects: Human rights -- Kenya , Human rights -- South Africa , Corruption -- Kenya , Corruption -- South Africa , Reparation (Criminal justice) -- Kenya , Reparation (Criminal justice) -- South Africa , Political corruption -- Kenya , Political corruption -- South Africa , Corruption investigation -- Kenya , Corruption investigation -- South Africa
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:3719 , http://hdl.handle.net/10962/d1013159
- Description: The thesis contributes to the search for sound anti-corruption laws and practices that are effective and fair. It argues for the respect for human rights in the crafting and implementation of anti-corruption laws as a requisite for successful control of corruption. The basis for this argument is threefold: First, human rights provide a framework for checking against abuse of state’s police power, an abuse which if allowed to take root, would make the fight against corruption lose its legitimacy in the eye of the people. Second, human rights ensure that the interest of individuals is catered for in the crafting of anti-corruption laws and practices thereby denying perpetrators of corruption legal excuses that can be exploited to delay or frustrate corruption cases in the courts of law. Third, human rights provide a useful framework for balancing competing interests in the area of corruption control – it enables society to craft measures that fulfils the public interest in the eradication of corruption while concomitantly assuring the competing public interest in the protection of individual members’ liberties – a condition that is necessary if the support of the holders of these competing interests is to be enlisted and fostered in the fight against corruption. The thesis focuses on the study of the non-conviction based assets recovery mechanism, a mechanism that allows the state to apply a procedure lacking in criminal law safeguards to address criminal behaviour. The mechanism is thus beset with avenues for abuse, which if unchecked could have debilitating effects not only to individual liberties but also to the long term legitimacy of the fight against corruption. In this regard, the thesis examines how the human rights framework has been used in Kenya and South Africa to check on the potential dangers of the non-conviction based mechanism and to provide for a proportional balance between the imperative of corruption control and the guarantee against arbitrary deprivation of property. The aim is to unravel the benefits of respecting human rights in the fight against corruption in general and in the non-conviction based assets recovery in particular. Kenya and South Africa are chosen for study because they provide two models of non-conviction based mechanisms with different levels of safeguards, for comparative consideration.
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- Date Issued: 2014
Developing a framework for achieving a clean audit outcome in the Eastern legislature
- Authors: Wellem, Chuma
- Date: 2014-01
- Subjects: Political corruption -- South Africa , Social accounting , Public administration
- Language: English
- Type: text
- Identifier: http://hdl.handle.net/10353/25732 , vital:64474
- Description: Public sector reform in South Africa became a reality with the change in political dispensation in 1994 in South Africa the transformation of the public sector became critical in order to provide for a better life for all. This required regulatory frameworks that could establish good governance and a holistic transformation of the Public Sector. The Constitution of the Republic of South Africa Act 108 of 1996 states as its basic principles governing public administration that Public administration must be accountable and transparent to the South African Public its. The South African Constitution serves as the basis for the governance of all government departments. An external independent audit is an important element of a good governance framework. This dissertation examines the role of auditing in supporting effective and good governance in the public sector and it seeks to develop a framework that will be used as a tool towards achieving and maintaining a clean audit outcome that is in line with good governance. The importance of auditing is outlined coupled with an interpretation of what the different audit outcomes mean for the public sector. The case of The Eastern Cape Legislature is used to assist in drawing up a framework that will assist the public sector to achieve and maintain a clean favorable audit outcome. This paper clearly links effective governance with internal control and ultimately audit outcomes. It also makes the point that risk management, effective audit committees and internal audit functions are key elements of the governance process. Furthermore, conclusions are drawn in the form of guidelines for all departments to follow in preparing for an audit as well as a turnaround strategy towards clean governance. , Thesis (MPA) -- Faculty of Management and Commerce, 2014
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- Date Issued: 2014-01
- Authors: Wellem, Chuma
- Date: 2014-01
- Subjects: Political corruption -- South Africa , Social accounting , Public administration
- Language: English
- Type: text
- Identifier: http://hdl.handle.net/10353/25732 , vital:64474
- Description: Public sector reform in South Africa became a reality with the change in political dispensation in 1994 in South Africa the transformation of the public sector became critical in order to provide for a better life for all. This required regulatory frameworks that could establish good governance and a holistic transformation of the Public Sector. The Constitution of the Republic of South Africa Act 108 of 1996 states as its basic principles governing public administration that Public administration must be accountable and transparent to the South African Public its. The South African Constitution serves as the basis for the governance of all government departments. An external independent audit is an important element of a good governance framework. This dissertation examines the role of auditing in supporting effective and good governance in the public sector and it seeks to develop a framework that will be used as a tool towards achieving and maintaining a clean audit outcome that is in line with good governance. The importance of auditing is outlined coupled with an interpretation of what the different audit outcomes mean for the public sector. The case of The Eastern Cape Legislature is used to assist in drawing up a framework that will assist the public sector to achieve and maintain a clean favorable audit outcome. This paper clearly links effective governance with internal control and ultimately audit outcomes. It also makes the point that risk management, effective audit committees and internal audit functions are key elements of the governance process. Furthermore, conclusions are drawn in the form of guidelines for all departments to follow in preparing for an audit as well as a turnaround strategy towards clean governance. , Thesis (MPA) -- Faculty of Management and Commerce, 2014
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- Date Issued: 2014-01
A comparative analysis of anti-corruption legislation and anti-corruption agencies in the Eastern Cape and Northern Cape provices : a governance perspective
- Authors: Majila, Victoria Thozama
- Date: 2012
- Subjects: Political corruption -- South Africa , Misconduct in office -- South Africa
- Language: English
- Type: Thesis , Doctoral , DPhil
- Identifier: vital:8179 , http://hdl.handle.net/10948/2117 , Political corruption -- South Africa , Misconduct in office -- South Africa
- Description: This thesis analysed and compared the effectiveness of the anti-corruption legislation and anti-corruption agencies in the Eastern Cape and Northern Cape provinces. The thesis consists of six chapters. This study is based on the assumption that the struggle against corruption is best approached by developing a system of laws, institutions and supporting practices which promote integrity and make corrupt conduct a high-risk activity. It is imperative that a systemic approach is embarked upon in order to address the manner in which the major institutions and processes of the state are conquered and exploited by corrupt individuals and groups. With the magnitude in which hurdles exist that hamper the effectiveness of the country's anti-corruption legislation and anti-corruption agencies; South Africa is incapable of curbing corruption. With the purpose to determine a desired state of affairs, characteristics of effective anti-corruption agencies and anti-corruption legislation were presented. These served as a yardstick in measuring how effective such agencies and legislation are in South Africa. Reasons for failure of agencies and legislation are discussed. After discussing types of anti-corruption agencies, those that perform better than ix others were identified. Through literature review, the status quo concerning anti-corruption initiatives in South Africa was assessed. It was revealed that the level of the success of South African anti-corruption agencies and legislation has been limited. In the case of anti-corruption agencies, weaknesses such as fragmentation; insufficient coordination; poor delineation of responsibility; and assimilation of corruption work into a broader mandate were identified as major causes. Measures that are needed, such as informed citizens; a need to foster and sustain high levels of professional and ethically imbued civil servants; and legislation that supports the transition towards a corruption-free society that are needed to complement implementation of anti-corruption legislation, were also recognised. Ways of addressing such shortcomings that the writers identified are also presented. The methodology and design followed in the study are described. This is followed by the analysis and interpretation of the survey. The research findings are then presented. Based on the findings a number of recommendations that would assist in improving the effectiveness of anticorruption agencies and anti-corruption legislation are made. Flowing from the discussion of effective anti-corruption models that were identified by literature a model that would be ideal for South Africa is recommended.
- Full Text:
- Date Issued: 2012
- Authors: Majila, Victoria Thozama
- Date: 2012
- Subjects: Political corruption -- South Africa , Misconduct in office -- South Africa
- Language: English
- Type: Thesis , Doctoral , DPhil
- Identifier: vital:8179 , http://hdl.handle.net/10948/2117 , Political corruption -- South Africa , Misconduct in office -- South Africa
- Description: This thesis analysed and compared the effectiveness of the anti-corruption legislation and anti-corruption agencies in the Eastern Cape and Northern Cape provinces. The thesis consists of six chapters. This study is based on the assumption that the struggle against corruption is best approached by developing a system of laws, institutions and supporting practices which promote integrity and make corrupt conduct a high-risk activity. It is imperative that a systemic approach is embarked upon in order to address the manner in which the major institutions and processes of the state are conquered and exploited by corrupt individuals and groups. With the magnitude in which hurdles exist that hamper the effectiveness of the country's anti-corruption legislation and anti-corruption agencies; South Africa is incapable of curbing corruption. With the purpose to determine a desired state of affairs, characteristics of effective anti-corruption agencies and anti-corruption legislation were presented. These served as a yardstick in measuring how effective such agencies and legislation are in South Africa. Reasons for failure of agencies and legislation are discussed. After discussing types of anti-corruption agencies, those that perform better than ix others were identified. Through literature review, the status quo concerning anti-corruption initiatives in South Africa was assessed. It was revealed that the level of the success of South African anti-corruption agencies and legislation has been limited. In the case of anti-corruption agencies, weaknesses such as fragmentation; insufficient coordination; poor delineation of responsibility; and assimilation of corruption work into a broader mandate were identified as major causes. Measures that are needed, such as informed citizens; a need to foster and sustain high levels of professional and ethically imbued civil servants; and legislation that supports the transition towards a corruption-free society that are needed to complement implementation of anti-corruption legislation, were also recognised. Ways of addressing such shortcomings that the writers identified are also presented. The methodology and design followed in the study are described. This is followed by the analysis and interpretation of the survey. The research findings are then presented. Based on the findings a number of recommendations that would assist in improving the effectiveness of anticorruption agencies and anti-corruption legislation are made. Flowing from the discussion of effective anti-corruption models that were identified by literature a model that would be ideal for South Africa is recommended.
- Full Text:
- Date Issued: 2012
Corruption, state capture and the betrayal of South Africa’s vulnerable
- Authors: Erasmus, Deon
- Subjects: Political corruption -- South Africa , Business enterprises -- Corrupt practices -- South Africa , f-sa
- Language: English
- Type: text , Lectures
- Identifier: http://hdl.handle.net/10948/53199 , vital:45037
- Description: The term state capture was first defined in a World Bank report on corruption in eastern Europe and central Asia in 2003. Hellman, Jones and Kaufmann (2000) point out in the report that some firms in transition economies were able to shape the rules of the game to their own advantage at a considerable social cost by creating a “capture economy.”
- Full Text:
- Authors: Erasmus, Deon
- Subjects: Political corruption -- South Africa , Business enterprises -- Corrupt practices -- South Africa , f-sa
- Language: English
- Type: text , Lectures
- Identifier: http://hdl.handle.net/10948/53199 , vital:45037
- Description: The term state capture was first defined in a World Bank report on corruption in eastern Europe and central Asia in 2003. Hellman, Jones and Kaufmann (2000) point out in the report that some firms in transition economies were able to shape the rules of the game to their own advantage at a considerable social cost by creating a “capture economy.”
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