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Contents
- Preliminary Material
- Main Text
- Part 1 Introductory Overview
- 1 General Introduction
- 2 Corruption and the Crisis of Constitutionalism in Africa
- 1 Introduction
- 2 Conceptualizing the problem of corruption
- 3 Assessing the state of corruption in Africa and its consequences
- 3.1 The corruption crisis
- 3.1.1 Evidence of citizen’s views on corruption
- 3.1.2 Evidence from a global indicator of corruption control
- 3.1.3 Evidence from the Corruption Perceptions Index
- 3.1.4 Evidence from a regional indicator on governance
- 3.1.5 Evidence from trends in respect for the rule of law
- 3.1.6 Some tentative conclusions
- 3.2 Some consequences of the crisis of corruption in Africa
- 3.1 The corruption crisis
- 4 Anti-corruption strategies: Rhetoric and reality
- 5 Options for an effective and sustainable anti-corruption strategy
- 6 Conclusion
- Appendix
- Bibliography
- Part 2 Country Case Studies
- 3 State Capture, Corruption, and Constitutionalism in South Africa
- 1 Introduction
- 2 State capture, corruption, and constitutionalism
- 3 The Constitution, anti-corruption legislation, and the Achilles’ heel
- 4 Incidences of corruption and constitutional consequences
- 5 Stemming state capture and corruption with constitutionalism
- 6 Concluding remarks: the return to constitutionalism and political will
- Bibliography
- 4 Social Grant Payments and Regulatory Responses to Corruption in South Africa
- 5 A Comparative Analysis of Corruption and Constitutionalism in the Muslim-Majority MENA States of Algeria, Morocco, and Egypt
- 6 Constitutional Design and Anti-Corruption Reform in Nigeria: Problems and Prospects
- 7 The Rise of Corruption in Ethiopia: Is a Lack of Constitutionalism to Blame?
- 8 Fighting Public-Sector Corruption in Ghana: Reconciling Rhetoric and Reality
- 1 Introduction
- 2 A history of corruption in Ghana
- 3 The rhetorical fight against corruption in the Fourth Republic
- 4 Towards redemption
- 5 Conclusion
- Bibliography
- 9 A Hollow Commitment? Constitutional Promises and Anti-Corruption Efforts in Malawi
- 1 Introduction
- 2 Corruption in Malawi in historical perspective
- 3 Institutional arrangements for dealing with corruption
- 4 A hallowed commitment: Understanding constitutional imperatives
- 5 A hollow commitment? The reality of anti-corruption work in Malawi
- 6 Suggestions on the way forward
- 7 Conclusion
- Bibliography
- 10 Endemic Corruption in Zimbabwe: Why are Anti-Corruption Agencies Ineffective?
- 11 The Impact of Endemic Corruption on Constitutionalism and Peace-building in Somalia
- 1 Introduction
- 2 The difficulty of defining corruption in fragile countries
- 3 Somalia’s political, economic, and security outlook
- 4 Manifestations of corruption in Somalia
- 5 Legal and policy responses in the fight against corruption
- 6 Proposals and the way forward
- 7 Concluding remarks
- Bibliography
- 12 Corruption in the Democratic Republic of the Congo and its Impact on Constitutionalism and Respect for the Rule of Law
- 3 State Capture, Corruption, and Constitutionalism in South Africa
- Part 3 Some Specific Aspects of Corruption and Constitutionalism
- 13 Ensuring Constitutionalism by Using the Non-conviction-based Assets Recovery Mechanism in the Fight Against Corruption: Lessons from South Africa and Kenya
- 14 Economic Transitional Justice in Tunisia: Turning a New Anti-Corruption Leaf in Africa?
- 15 Politically Exposed Persons, Corruption, and the Use and Abuse of the Constitutional Power of Pardon: A Comparative Perspective
- 1 Introduction
- 2 The rationale for the presidential power of pardon
- 3 The development of the presidential power of pardon: Issues of use and abuse
- 4 Constitutional constraints on the exercise of the presidential power: The position post-conviction
- 5 Reviewing the exercise of the presidential pardon: The role of the constitutional review bodies
- 6 Politically exposed persons and post-conviction pardons
- 7 Reviewing the exercise of the presidential power: The role of the courts
- 8 Politically exposed persons, pardons, and collateral consequences
- 9 Politically exposed persons and pre-emptive pardons
- 10 Conclusion
- Bibliography
- 16 The ‘Financial Constitution’ and the Prevention and Combating of Corruption: A Comparative Study of Nigeria, South Africa, and Kenya
- 1 Introduction
- 2 The Anglophone model of financial constitutions
- 3 The constitutionalization of the Anglophone model
- 3.1 An Act of Parliament necessary to raise revenue
- 3.2 Controls over the collection of revenue
- 3.3 Consolidated revenue fund
- 3.4 Act of Parliament necessary for withdrawals from consolidated revenue fund
- 3.5 Independent bodies determine or advise on aspects of expenditure
- 3.6 Controller of Budget
- 3.7 Independent bodies making expenditure decisions
- 3.8 The independent office of the Auditor-General
- 3.9 The National Treasury
- 3.10 Parliament’s oversight role
- 3.11 An independent central bank
- 4 ‘Financial constitutions’ and constitutionalism
- 5 Why ‘financial constitutions’ fail to curb corruption
- 5.1 Operating beyond Parliament’s revenue-raising powers
- 5.2 Capturing semi-autonomous revenue agencies
- 5.3 Squirreling away revenue from the consolidated revenue fund
- 5.4 Limiting Parliament’s role in consolidated revenue fund withdrawals
- 5.5 A weak office of the Controller of Budget
- 5.6 Undermining the value of the independent office of the Auditor-General
- 5.7 Capturing the national treasury
- 5.8 Weak parliamentary oversight role of the executive
- 5.9 Attacking the independence of the central bank
- 5.10 State capture
- 6 Conclusion
- Bibliography
- 17 The Cameroonian Special Criminal Court: The Futility of Combating Corruption Where the Basics of Constitutionalism are Absent
- 18 The African Union Anti-Corruption Regime: Enhancing the Potential Impact of the Advisory Board on Corruption
- Part 4 General Conclusion
- 19 Towards Understanding and Combating the Crime of Corruption in Africa
- 1 Introduction
- 2 The legal framework for combating corruption
- 3 The nature of corruption in Africa
- 4 The motive: Why commit the crime of corruption?
- 5 The opportunity: Making corruption possible
- 5.1 The illicit market in state resources
- 5.2 Ambiguity in defining corruption
- 5.3 The nature of the state
- 5.4 Fundamental weakness in constitutional and statutory safeguards
- 5.5 Selective implementation of available constitutional and statutory anti-corruption frameworks
- 5.6 The enabling social environment: The absence of shame
- 5.7 The state of impunity
- 6 The means: How to pocket public funds for private gain
- 7 Combating corruption
- 7.1 A multifaceted rational-choice approach
- 7.2 Reducing opportunity, reducing impunity
- 7.2.1 Introduction
- 7.2.2 Increasing the clarity of the crime and severity of its penalty
- 7.2.3 Increasing accountability in all state structures
- 7.2.4 Addressing weaknesses in institutions and processes of restraint
- a) Separation of powers and effective checks and balances
- b) Constitutionalization of anti-corruption measures and the role of the judiciary
- c) Increasing the independence of ordinary criminal justice institutions
- d) Increasing the structural independence of anti-corruption agencies
- e) Enhancing transparency processes
- 7.2.5 Implementing anti-corruption institutions and measures
- 7.2.6 Fostering international cooperation
- 7.2.7 Cultivating an anti-corruption social environment through education
- 7.3 Clamping down on the means to commit corruption
- 7.4 Delegitimating motives for corruption and creating political will to combat it
- 8 Conclusion
- Bibliography
- 19 Towards Understanding and Combating the Crime of Corruption in Africa
- Part 1 Introductory Overview
- Further Material