Identify and Discuss the Causes of Corruption With Reference To Africa.

By Ahmed Olusegun Badmus - Student No: 78221692

Ahmed Olusegun Badmus is a student of the Thabo Mbeki African Leadership Institute (TMALI). This work focuses on identifying and critically discussing the problem of corruption, dissecting factors that encourage the acts and possible recommendations that can tackle the menace in Africa.

Address: No. 4 Swanoord Close, Rabie Ridge, Midrand, 1680, South Africa. Student No: 78221692 Tel: +27717102336 Twitter- @segunbadmus Email: olusegunbadmus@yahoo.com

TABLE OF CONTENT

CHAPTER 1.0- INTRODUCTION

PAGE 1

CHAPTER 2.0- BACKGROUND

PAGES 2-3

CHAPTER3.0- IDENTIFYING THE CAUSES OF CORRUPTION

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CHAPTER 4.0- CRITIQUING CORRUPT PERPETRATORS

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CHAPTER 5.0- CONCLUSIONS AND RECOMMENDATIONS

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CHAPTER 6.0- BIBLIOGRAPHY AND REFERENCES

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1.0

INTRODUCTION

This work focuses on identifying and critically discussing the root causes of corruption in Africa. It is the main factor militating against the realization of good governance in Africa. It is meant to expose those factors encouraging unrestricted access to State resources; it is also meant to challenge the loop holes identified in the administration of government. Chapter 1 introduces the subject matter to critically identify the root causes of corruption. Chapter 2 provides the background in identifying the means of perpetrating these acts of corruption; it also looks at the effects on the society and critically looks at the steps taken so far by Africans leaders to challenge the menace. Chapter 3 identifies the causes of corruption from both economic and political point of view. This chapter strengthens the fact that the level of democracy and constitutionality is commensurate with the level of corruption in a particular setting. That the political will to be open, transparent and accountable engendered by the principles of good governance reduces the incidences of corruption. Chapter 4 moves further to critique perpetrators of these acts and probably brings them to justice. The continuous lax between civil society advocacy and the market has amplified the need to challenge the status quo where impunity and blatant disregard for set rules has enabled these officials to go away with official corruption. Chapter 5 looks at recommendations and conclusions with the focus on bringing about ideas that strengthens the system to provide requisite democratic dividends, structures and processes that inhibit corruption. It also suggests new paradigms that defeats corrupt tendencies and prosecution of offenders. Chapter 6 takes you to references, citations, links and sources of material used. Also note that personal input accounts for most of the information contained herein.

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2.0

BACK GROUND

On the 11th July 2003, the AU Convention on Preventing and Combating Corruption was adopted by the heads of state at the African Union Summit held in Maputo. The nature and scope of corruption at this level can be described as bribery (domestic or foreign), diversion of property by public officials, trading in influence, illicit enrichment, money laundering and concealment of property. This convention works closely with the international instrument known as UNCAC. The AU Convention provides a comprehensive framework and covers a range of criminal offences. It calls for measures on prevention, criminalization, regional cooperation, mutual legal assistance and recovery of assets. It covers both public sector and private sector corruption, both supply and demand side. Mandatory provisions with respect to private-to-private corruption and on transparency in political party funding. It has not yet attained the number of ratifications required for entry into force. Other strong points of the AU Convention are mandatory requirements of declaration of assets by designated public officials and restrictions on immunity for public officials (Art. 7) The AU Convention also gives particular attention to the need for the media to have access to information (Art. 12) The AU Convention provides for a follow up mechanism involving an advisory board on corruption within the African Union which is assigned a range of functions including research and collection of information, advice to governments and regularly reporting to the Executive Council on States Party's progress in implementing the Convention drawing on annual reports to the Board by the various countries. The successes of this instrument should be compared to the latest statement from the New Partnership for Africa's Development (NEPAD Head Quarters 2013) which states the following: That Africa the world's poorest continent lost $900 billion in the illegal financial flows between 1970 and 2008. Commercial transactions by multinationals accounted for 60 percent of the unlawful flows, followed by criminal activities such as trade in drugs, weapons and people at 35 percent. Bribery and embezzlement made up 5 percent. (NEPAD 2013) Channels for the illegal flows were trade mispricing, investment-related transactions and offshore tax havens, a report commissioned by NEPAD and the UN's Economic Commission for Africa. (NEPAD Headquarters 2013) In an example of trade mispricing or over invoicing, a company or official could say a piece of imported equipment costs $100 million when in fact it was exported with an $80 million price tag. The difference can be discreetly deposited in an offshore bank account. The development impact of these illicit flows has resulted in loss of tax revenues, damage to economic potential and weakening of governance," NEPAD said in a statement. (NEPAD 2013) Page 2

The embezzlement of State resources ends up in foreign banks and tax havens around the world. The supply and demand sides for these funds make it very profitable for the Africans to continue to plunder the wealth meant for their common wealth. Africa has enough resources both natural and human to stay out of poverty but with the continuous waste and plundering of the public till, it has made it practically impossible to invest proceeds from its mineral and human resources for the development of its people. All forms of corruption have taken root in the African system such that recently the Minister of Aviation in Nigerias Ministry of Aviation and an agency under her ministry known as NCAA are embroiled in the purchase of bullet proof cars worth $1.6 million USD. A spending which has been regrettably tagged the purchase of operational vehicles. The expenditure was neither budgeted for nor approved in the current financial year. The blatant contravention of the Public Procurement Act has been the modus operandi of most government agencies in the discharge of their constitutional duties. The lack of political will to set national templates for codes of conduct and deterrence has been the reason why corruption has taken so many roots in Nigeria. Another example of embezzlement is the ongoing investigation into the renovations of the private residence of the President Jacob Zuma of South Africa in Nkandla, Kwan- Zulu Natal. Despite constitutional provisions for the renovation of the private residence of the President. It has been challenged why the amount of R206 Million would be expended at once in an area. The report would confirm if this is a classic case of embezzlement of public funds. Another example of African leaders corruption acts is the discovery of several billions of US Dollars and gold deposits belonging to the Late Libyan President Muammar Kaddafi in South Africa, USA, France and Italy. It is note-worthy to know that he is richer than many African Nations. The results of these corruptions are reasons why most public utilities have collapsed, why the university system cannot be well funded. The reasons why the government cannot fund more than 6 months of it import needs. The reasons why Nigeria ranks abysmally low in all human development Index. (WEF/GCI Index 2013) http://www.weforum.org/reports/globalcompetitiveness-report-2013-2014

The consequence of pilfering public funds by public officials and acts of sabotage from non State actors converge to deny the majority of the people the dividends of democracy which they urgently need.

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3.0 IDENTIFYING THE CAUSES OF CORRUPTION IN AFRICA

There are variable causes of corruption but the most common causes can be explained in the political and economic context. The political explanation supposed that the legitimacy of a government determines the level of corruption and that there is a relationship between the democratic settings of an environment in relations to power and corruption. There is a high degree of correlation between the level of democracy and the level of corruption. Meaning a government that derives legitimacy from the people tends to be less corrupt than authoritarian governments. Examples of causes of corruption abounds; one is a regime that bought loyalty through communal proxies, they always tend to provide a pay back in different forms of corrupt acts i.e. lax tax systems, excessive indiscretion in official matters, lack of oversight mechanisms, lack of openness in official decision-making processes, breakdown in ethics and standard, greed, weak political will, weak enforcement, impunity, lack of patriotism, unequal access to opportunities, lack of legitimate authority, illiteracy, weak institutions, loopholes in the system of administration, lack of monitoring and follow ups, lack of informational and technological base, lack of intellectual and human capital base etc are reasons for endemic corruption in the society. These result to uncensored and unmerited access to State resources and opportunities. The second explanation is the economic context which states that the level of economic prosperity determines the level of corruption in a society. It is opined that the higher the income bracket the lower the level of corruption. The economic variable suggests that it is unclear which influences one another but that it may be agreed that there is clear evidence that most countries with high economic performance, access to opportunities and high income has lower corruption levels. Corruption types includes grafts, embezzlement, inflation of contracts, kick backs, bribery, deliberate institutional bureaucracies and bottlenecks, nepotism, money laundering, 419 scams, fronting for businesses of looters of treasury, buying State utilities for nothing and outright looting of the treasury. While poverty is not an excuse before the law for being a thief and without prejudice to the fact that very many of those who engage in massive fraud and looting are already well-off, reality checks have shown that the average African in the public or private sector feels generally insecure about his or her future prospects. Finally, it is expected that good governance would entail a caring government that invest resources and creating opportunities for the development of its people because an environment where people have to scramble for virtually everything to create their own safety nets does little to promote the anti-corruption crusade. Page 4

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CRITIQUING CORRUPT PERPETRATORS

The current African leaders must upgrade from the Neo-Colonial mentality which supposed that Africans are devoid of innate capability to chart a new course of action that can lift the continent out of poverty. The continued plundering of resources by the elites who have been availed the opportunity to serve at the corridors of powers should stop, if we are to achieve any of the Millennium Development Goals. Unlike some of Africas founding fathers, several current African leaders lacks the vision, vibrancy, excitement, understanding, dynamism, personality and credibility to champion a paradigm shift from the current order by leading by example. The issue of followership is also a problem, because leadership emanates from the followership and it is said that the quality of a leader is a direct reflection of the quality of it followership. The discouragement of African leaders from the looting spree and tightening of anti- money laundering laws with overseas banks should begin. A current report by the African Development Bank earlier this year showed that Africa was a net creditor to the world through illegal outflows worth between $597 billion and $1.4 trillion in the three decades to 2009 .
http://www.reuters.com/article/2013/10/25/africa-finance-idUSL5N0IF39I20131025

The time to encourage ethical leadership is now as expressed by Thuli Madonsela, the Public Protector of South Africa. She said Operate ethically, taking in to account the need for sustainability, including knowing that having islands of influence in a sea of poverty is not sustainable." http://za.news.yahoo.com/sa-becoming-animal-farm-042431755.html Reading from the above confessions of the Public Protector of South Africa, I concluded she was referring to the Nkandla Inquiry whose report she is presently investigating and compiling. She is at a fix, not knowing who should receive the report on the President. From her submissions, we need to strengthen institutions that can act as catalysts against corruption; whose funding must be drawn as a first line charge from the treasury so as to guarantee the independence of such institution according to the dictates of the constitution and not to the whims and caprices of the President. The appointment of ombudsmen should be through the Courts and not the Politicians. http://mg.co.za/article/2013-10-23-nkandla-report-madonsela-questions-governmentsdelay

The discretionary powers of the President should always be in check through the Legislature and the Courts while all political parties and civil society platforms should come together and articulate their vision and mission for cross pollination of ideas for the development of the society. The idea of ostracizing other strata of the society from the art of governance should be discouraged; all sectors and actors in the art of governance should begin to play their role. Page 5

Looking at Africa today, the effects of corruption has been well documented; it is beyond rhetoric to think that the battle against corruption would be won by writing glowingly or speaking eloquently about what we already know. The fight against corruption should adopt a top-down approach which requires the head to show practical examples on how to earn an honest living without having to cut corners. And by building confidence in the electoral process that chooses leadership. By creating institutional safety nets that can guarantee the future of everyone without the requirement of political allegiance. It is also in order to do follow ups on issues of expenditures that directly affect the people. By forming civil society- government working relationship ties with the people, by articulating national aspirations that develops the people through national development plans. I am safe to conclude that the time to redirect our focus and channel our best energies in recapturing our slipping opportunity of providing Africa path to development in the 21st Century. Taking a cue from Africas vision 2063 as outlined by the AU Chairperson Mrs. Nkosazana Dlamini Zuma, the efforts to develop Africa in the next 50 years is an achievable task if we all start practically by doing what Africa needs. What Africa needs are simple; firstly by penalizing pilfers of public funds in any guise and by allowing investigations regarding the conduct of all public officials. The arm twisting of public institutions to achieve personal aims is tantamount to the growth and development of the society. We need to test our institutions and challenge the locus standi of these creations of the constitution. We need a strengthened judiciary and a competitive legislative embodiment that understands the dynamics of readdressing the mistakes of the past. I also encourage civil society organizations to leap above the current level of donor dependency to self sustainability by independently participating in the art of governance. The evident lack of capacity to monitor and perform oversight functions for good and corporate governance has encouraged the political class to over stretch their boundaries of common articulation for the fulfillment of the aspirations of the majority. This is the time for all pro-democracy, pro-development, pro-rule of law, pro-freedom of information and all other shades of opinion to stand to be counted in the struggle to bring about change. Africa can rise from the pit of mal-administration if action is taken from the reasonings of our thoughts and words.

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5.0.

CONCLUSIONS AND RECOMMENDATIONS

The introduction of this work outlines 5 chapters that takes care of the subject matter, it goes to state the back ground which is the identification and discussion of the causes of corruption. It proceeds to identifying and critiquing the perpetrators. It goes further to discuss political and economic factors that underpins the causes of corruption. It moves on to identify steps and actions required to challenge this hydra headed monster called corruption. This work also enumerated the background; identify causes, critique perpetrators of corruption with the aim of concluding and making recommendations as part of the solution to the issue. The cankerworm of corruption has eaten so deep into the fabrics of our daily lives, such that nothing seems possible in Africa except through corrupt dealings. This phenomenon is not peculiar to Africa alone but the scale with which it is being practiced in Africa is alarming. Taking a cue from the position of the African Union on this matter, I would like to encourage all who have been put in a position of authority to discharge their duties with the sole aim of achieving good governance. Corruption is an antithesis to good governance. It is my aim in this work to reflect on the factors that enhances the causes of corruption which usually manifests in all ramifications of our conduct in public and private lives and also suggests ways to minimize its occurrence.

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REFERENCES

http://cpi.transparency.org/cpi2012/results/

(WEF/GCI Index 2013) http://www.weforum.org/reports/global-competitiveness-report-2013-2014

http://www.reuters.com/article/2013/10/25/africa-finance-idUSL5N0IF39I20131025 http://za.news.yahoo.com/sa-becoming-animal-farm-042431755.html http://www.unodc.org http://www.equalinrights.org http://www.scribd.com

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