11

CORRUPTIONCORRUPTION

CausesCauses

22

Overview:Overview:

Corruption is pervasive, continuing and not Corruption is pervasive, continuing and not bounded by position or rank;bounded by position or rank;

Some areas of public life are more prone to Some areas of public life are more prone to corruption than others;corruption than others;

The causes of corruption include factors The causes of corruption include factors intrinsic to public administration/governance intrinsic to public administration/governance itself: its organisation, the opportunities for itself: its organisation, the opportunities for corruption which present themselves, and the corruption which present themselves, and the existence of a ‘culture of patronage or existence of a ‘culture of patronage or loyalty’;loyalty’;

Continued vigilance and anti-corruption Continued vigilance and anti-corruption measures are vital.measures are vital.

33

What is ‘Corruption’?What is ‘Corruption’?

No single, all-encompassing definition;No single, all-encompassing definition; Courts & Laws have been able to say Courts & Laws have been able to say

what it is not (e.g. does not have to involve what it is not (e.g. does not have to involve dishonesty), but not what it is!dishonesty), but not what it is!

Breach of trust or duty / Breach of the Breach of trust or duty / Breach of the ‘agent/principal’ relationship can be said to ‘agent/principal’ relationship can be said to lie at the heart of the law of corruption.lie at the heart of the law of corruption.

44

The classic typology of corruption:The classic typology of corruption:

Corruption of authority;Corruption of authority; Kickbacks;Kickbacks; Opportunistic theft;Opportunistic theft; ‘‘Shakedowns’;Shakedowns’; Protection of activities;Protection of activities; ‘‘The Fix’;The Fix’; Direct Criminal Activities;Direct Criminal Activities; Internal pay-offs;Internal pay-offs; Planting.Planting.

(Roebuck & Barker, 1974)(Roebuck & Barker, 1974)

55

Examples of corrupt activity:Examples of corrupt activity:Law EnforcementLaw Enforcement

Theft of recovered money / drugs (and Theft of recovered money / drugs (and consequent activities);consequent activities);

Not proceeding with a case in return for reward;Not proceeding with a case in return for reward; Planting;Planting; Selling / providing information to Selling / providing information to

criminals/private investigators/journalists;criminals/private investigators/journalists; Direct Criminal Activities;Direct Criminal Activities; Conspiring with criminal associates / informants Conspiring with criminal associates / informants

to join in their criminal activities (incl violence).to join in their criminal activities (incl violence).

66

CAUSESCAUSES

Poverty? (Cause or Effect?)Poverty? (Cause or Effect?) Greed?Greed? Culture/Habit?Culture/Habit? Lack of Management (all levels)?Lack of Management (all levels)? Lack of Deterrent?Lack of Deterrent? Natural Order of Things?Natural Order of Things?

77

CONSEQUENCESCONSEQUENCES

Poverty?Poverty? Poor Health?Poor Health? Lack of Education?Lack of Education? Violence/Crime?Violence/Crime? Economic Instability?Economic Instability? Political Instability?Political Instability? Lack of Infrastructure?Lack of Infrastructure? International Instability?International Instability?

88

Corruption:Corruption: Can add up to 100 percent to the cost of government Can add up to 100 percent to the cost of government

goods and services in some countries. goods and services in some countries. Can cost governments as much as 50 percent of their tax Can cost governments as much as 50 percent of their tax

revenues. revenues. Bring losses that can total more than a country's foreign Bring losses that can total more than a country's foreign

debt. debt. Diverts foreign investment, and leads to reduced asset Diverts foreign investment, and leads to reduced asset

life.life. Undermines the creation of a professional, meritocratic Undermines the creation of a professional, meritocratic

civil service. civil service. Is the equivalent of a highly regressive tax, and its burden Is the equivalent of a highly regressive tax, and its burden

falls disproportionately upon the poor. Fires, landslides, falls disproportionately upon the poor. Fires, landslides, collapsed buildings, arid land and ferry sinkings.collapsed buildings, arid land and ferry sinkings.

Might result in regime collapse. Might result in regime collapse.

AND THESE…AND THESE…

99

THE POSSIBLE THE POSSIBLE CRIMES?CRIMES?

1010

A METHODOLOGY:A METHODOLOGY:

Specialisation: Investigators & Prosecutors;Specialisation: Investigators & Prosecutors; Early Legal Advice;Early Legal Advice; Reporting Mechanisms;Reporting Mechanisms; Reactive Investigations: Recognising the use Reactive Investigations: Recognising the use

and the limitations;and the limitations; Proactive Investigations: Focus; What do we Proactive Investigations: Focus; What do we

want? How can we achieve that? Practical want? How can we achieve that? Practical limitations?limitations?

Intellectual honesty and consistencyIntellectual honesty and consistency ..

1111

(i) Reactive investigations(i) Reactive investigations

(ii) Proactive investigations(ii) Proactive investigations

1212

COMMON PROBLEMS IN REACTIVE CORRUPTION COMMON PROBLEMS IN REACTIVE CORRUPTION CASESCASES

The nature of the evidence: no honest witnesses having The nature of the evidence: no honest witnesses having come forward to testify against colleagues.come forward to testify against colleagues.

Co-operating defendants: type of person; need for Co-operating defendants: type of person; need for cleansing; need for corroboration. Motives for lying. cleansing; need for corroboration. Motives for lying. Witness protection issuesWitness protection issues

Potential witness who is willing to give a statement and Potential witness who is willing to give a statement and evidence, but is unwilling to plead guilty to his part before evidence, but is unwilling to plead guilty to his part before the court.the court.

Disclosure applications.Disclosure applications. Prior destruction of papers / unavailability of witnesses.Prior destruction of papers / unavailability of witnesses. Production of exhibits, when person originally producing is Production of exhibits, when person originally producing is

himself a suspect.himself a suspect. Reluctance to convict.Reluctance to convict.

1313

Some Challenges in/Approaches Some Challenges in/Approaches to Tackling Corruptionto Tackling Corruption

Closeness in relations Closeness in relations (family/associates/traditional/ethnic)(family/associates/traditional/ethnic)

Resources/Structures/MeasuresResources/Structures/Measures

Tackling Petty/Major CorruptionTackling Petty/Major Corruption

1414

Consequent Importance of Consequent Importance of Preventive StrategyPreventive Strategy

Institutional Pillars: Rules & ProceduresInstitutional Pillars: Rules & Procedures Political WillPolitical Will Practical Strategy Capable of Practical Strategy Capable of

Implementation (incl Leadership)Implementation (incl Leadership) Transparency & Access to InformationTransparency & Access to Information Awareness/Buy-inAwareness/Buy-in Measurement/MonitoringMeasurement/Monitoring ResourcesResources

1515

RATIONALISATION TREERATIONALISATION TREE

Is there an opportunity?Is there an opportunity? Will I be seen?Will I be seen? Will I be reported?Will I be reported? Will I be investigated and prosecuted?Will I be investigated and prosecuted? Is there possibility of severe Is there possibility of severe

punishment?punishment? Will I keep the proceeds?Will I keep the proceeds?