Journal of Anti-Corruption Law https://epubs.ac.za/index.php/jacl <p>Corruption is a major problem in all parts of the world and its calamitous effects are well documented. Governments, inter-governmental organisations and civil society have put in place, and continue to put in place, measures at national, sub-regional, regional and international levels to prevent and combat corruption. Closely related to corruption are other economic crimes such as money-laundering, racketeering and fraud. Corruption and its allied crimes need to be confronted on all fronts. Their causes, constitution and consequences need to be researched, comprehended and analysed with a view to fighting and, ultimately, eradicating them.</p> <p>(This journal migrated to Open Journal Systems in 2023)</p> en-US jacl@uwc.ac.za (Editor) mpsnyders@uwc.ac.za (Mark Snyders) Thu, 23 Nov 2023 11:29:16 +0000 OJS 3.3.0.13 http://blogs.law.harvard.edu/tech/rss 60 THE GENDERED IMPACT OF CORRUPTION: WOMEN AS VICTIMS OF SEXTORTION IN SOUTH AFRICA https://epubs.ac.za/index.php/jacl/article/view/1446 <p>Corruption affects people differently due to a range of factors, including gender, context, race, socio-economic status, power relations and vulnerability. Research suggests that corruption can affect women more adversely than it does men.1 This is because vulnerable groups are more susceptible to corruption, and women are often more vulnerable than men as they are viewed as easier targets. Furthermore, it follows that more vulnerable women are likely to be more adversely affected by corruption than those that are less vulnerable. The evidence generally shows that the gendered impact of corruption is related to societal gender roles, social inequality and discrimination. Thus, women's disadvantages in many areas of life result in greater vulnerability to corruption compared to men, who enjoy more power and protection, and better access to countervailing strategies. Corruption severely influences the extent to which women's rights are ensured and protected. In cases where women find themselves in a social, political, organisational or cultural context where they are more disempowered relative to men, and they are direct victims of corruption, their experiences of corruption can be more acute, and their avenues to respond to it more limited.2 In this article, the law pertaining to sextortion in South Africa is explored. The authors recommend that women must be brought into the public arena and information about public services be made widely available as this can be critical in reducing the differential impacts of corruption on them.</p> Kirstin Hagglund, Franaaz Khan Copyright (c) 2023 Kirstin Hagglund, Franaaz Khan https://creativecommons.org/licenses/by-sa/4.0 https://epubs.ac.za/index.php/jacl/article/view/1446 Wed, 03 May 2023 00:00:00 +0000 CORRUPTION AND THE REALISATION OF HUMAN RIGHTS: SOUTH SUDAN AND THE RIGHT TO EDUCATION LLICIT BUSINESS FORUMS IN SOUTH AFRICA: A SURVEY CORRUPTION AND THE REALISATION OF HUMAN RIGHTS: THE CASE OF SOUTH SUDAN AND THE RIGHT TO EDUCATION https://epubs.ac.za/index.php/jacl/article/view/1447 <p>The South Sudan Anti-Corruption Commission denounced corruption as something which hinders sustainable education. The debate on the relationship between corruption and human rights thus continues. In South Sudan, like many parts of the world, public and private sector leaders have illegally allocated resources for education and related projects, to personal gain.<br>This article contends that corruption in South Sudan is an impediment to realising rights and it violates human rights. Drawing a link between corruption and human rights, as this article aims to do, enhances our understanding of corruption. This article seeks to bring a unique viewpoint by utilising human rights institutions and practices in combating the negative consequences of corruption on the realisation of human rights.</p> Atel Ongee Paito Copyright (c) 2023 https://creativecommons.org/licenses/by-sa/4.0 https://epubs.ac.za/index.php/jacl/article/view/1447 Thu, 08 Jun 2023 00:00:00 +0000 LOVELL FERNANDEZ MEMORIAL LECTURE: THE GLOBAL SHADOW ECONOMY 23 FEBRUARY 2023 https://epubs.ac.za/index.php/jacl/article/view/1448 <p>Ladies and Gentlemen, dear friends and colleagues, it is a great honour for me to deliver this Lovell D. Fernandez Memorial Lecture. Lovell is alive in our memory. We remember him as an inspired teacher and as a warm-hearted person.<br>He personified the dramatic transition South Africa underwent: Lovell was born and brought up in the times of Apartheid. He had the stamina to survive in a difficult academic environment and he has given a lot to those who were fortunate to be born after Apartheid.<br>From his interest in transitional justice, he turned to economic crime. He realised that corruption and related money laundering were amongst the major challenges for economies in the Global South, including South Africa. I am personally very happy that Lovell invited me to teach at the University of Western Cape. For us (Kathrin and I) this course in South Africa is one of the highlights of the year.</p> MARK PIETH Copyright (c) 2023 MARK PIETH https://creativecommons.org/licenses/by-sa/4.0 https://epubs.ac.za/index.php/jacl/article/view/1448 Thu, 08 Jun 2023 00:00:00 +0000 THE IMPLICATIONS OF THE COFFEE AGREEMENT BETWEEN THE GOVERNMENT OF UGANDA AND UGANDA VINCI COFFEE CO LTD ON THE SOCIO-ECONOMIC RIGHTS OF THE SUPPLY CHAIN PLAYERS IN UGANDA’S COFFEE INDUSTRY https://epubs.ac.za/index.php/jacl/article/view/1711 <p>This article examines the implications of the coffee agreement between the government of the Republic of Uganda (GoU) and Uganda Vinci Coffee Co Ltd (UVCCL) on the socio-economic rights of the supply chain players in the coffee industry in Uganda. This article was motivated by the belief that the socio-economic rights of the players in the coffee supply chain would be violated as a result of the monopoly granted to UVCCL in Uganda’s coffee industry. The article shows that the GoU-UVCCL agreement violates international human rights instruments as well as the Constitution of the Republic of Uganda, 1995 (the Constitution) and other statutes. The article recommends that stakeholders should be consulted in any GoU undertaking that directly affects their socio-economic rights such as the GoU-UVCCL agreement, GoU should observe its commitments under international law and GoU should strengthen the legal and institutional framework to uphold citizens’ socio-economic rights in Uganda.</p> Paul Mukiibi Copyright (c) 2023 University of the Western Cape https://creativecommons.org/licenses/by-sa/4.0 https://epubs.ac.za/index.php/jacl/article/view/1711 Thu, 02 Nov 2023 00:00:00 +0000 Fifth annual conference of the department of criminal justice and procedure and the journal of anti-corruption law: 7 September 2023 https://epubs.ac.za/index.php/jacl/article/view/1729 <p>Background: In recent years, several investigative reporters, scholars and academic researchers have written books on corruption in South Africa. The revelations regarding corruption have been immensely and profoundly concerning. Today, these “discoveries” of corruption continue and more books, journal articles and reports continue to be written. More revelations of different types of corruption that have permeated every sector of the society.</p> Irvin Kinnes Copyright (c) 2023 https://creativecommons.org/licenses/by-sa/4.0 https://epubs.ac.za/index.php/jacl/article/view/1729 Thu, 23 Nov 2023 00:00:00 +0000 Tackling bribery in accessing kenyan citizenship: towards implementing and enforcing anti-corruption measures https://epubs.ac.za/index.php/jacl/article/view/1730 <p>Every Kenyan citizen has the right to acquire civic identification documents pursuant to article</p> <p>12 of the Kenyan Constitution, 2010. This right allows Kenyans to apply for birth certificates, national identification documents and passports. These identification documents are crucial in proving that a person has a genuine link with Kenya which in turn unlocks their enjoyment of socioeconomic and political rights. Conversely, without identity documentation, a person’s access to socioeconomic and political rights is limited. Consequently, one may face challenges in accessing education, adequate healthcare, opening a bank account, travelling abroad, owning property, voting and vying for political posts, among others. The Department of Civil Registration Services has the mandate of registering births and deaths, while the National Registration Bureau is tasked with providing national identification documents. Reports conducted by the Ethics and Anti-Corruption Commission (EACC) and the Kenya National Commission on Human Rights (KNCHR) indicate that some applicants seeking civic identification documents were asked for bribes by some registration officials in order to acquire the documentation or expedite the process. Kenya has made positive strides towards combating corruption through enacting extensive domestic anti-corruption legislation and ratifying international and regional legislation on anti-corruption. This paper argues that, successful implementation and enforcement of the existing anti-corruption laws by anti- corruption agencies will play a major role in curbing bribery that is experienced while accessing identification documents in Kenya.</p> Julie Lugulu Copyright (c) 2023 https://creativecommons.org/licenses/by-sa/4.0 https://epubs.ac.za/index.php/jacl/article/view/1730 Thu, 23 Nov 2023 00:00:00 +0000 WITNESS PROTECTION IN ANTI-MONEY LAUNDERING CASES: AN INTERNATIONAL PERSPECTIVE https://epubs.ac.za/index.php/jacl/article/view/1731 <p>In recent years money laundering has become a global phenomenon which plagues the economies of many states. The methods of laundering money have equally evolved alongside advanced technologies, the proliferation of migration and the realities of instant<br>communications. The complexity of laundering money has often made the detection, investigation and prosecution of these crimes challenging and at times, impossible. To boot, the perpetrators of money laundering are usually powerful and dangerous persons who will do anything to avoid the loss of their illegally obtained wealth and to escape the justice system. Witnesses are often vital to investigating and prosecuting cases which involve money laundering. They are, however, at great risk of being harmed and even killed for giving evidence against the powerful perpetrators. There is thus a pressing need for witness in money laundering cases to be afforded protection by the state. The failure to afford effective protection to witnesses have major implications not only for the criminal justice system, but also for witnesses, their families and communities. This article argues that given these facts, there is a need for comprehensive and effective witness protection in cases involving money laundering. The article sketches the existing international legal framework aimed at protecting witnesses and analysis the relevant laws. It furthermore , places the spotlight on some of the<br>main institutions which ought to afford protection to witnesses. It reaches findings and makes recommendations for the improved protection of witnesses in money laundering cases.</p> Ethel Makhubele, Chesné Albertus Copyright (c) 2023 https://creativecommons.org/licenses/by-sa/4.0 https://epubs.ac.za/index.php/jacl/article/view/1731 Thu, 23 Nov 2023 00:00:00 +0000 COMBATING CORRUPTION IN PUBLIC PROCUREMENT: AN APPRAISAL OF NIGERIA’S DEBARMENT SYSTEM https://epubs.ac.za/index.php/jacl/article/view/1732 <p>This article examines the provisions of the Public Procurement Act (PPA) on debarment, an administrative sanction that is used in fighting corruption in the procurement process, in Nigeria. The article concludes that courts can debar juristic persons convicted of any offence in the PPA for a minimum of five years, on the one hand. While on the other hand, the Bureau can debar both natural and juristic persons that are convicted of any offence in the PPA. Similarly, it identifies the weaknesses in the provisions of the PPA on debarment, which includes the following: First, only an individual or firm that contravenes the PPA and Procurement Regulations can be debarred. An individual or firm convicted of procurement corruption under any other federal law cannot be debarred; Second, the PPA does not state for how long an individual could be debarred; and Third, the scope of debarment does not extend to affiliate companies, such as parent or subsidiary companies, of the debarred firms. The article concludes with recommendations on how to make debarment an effective anticorruption measure in Nigeria.</p> Dare Ayinde Copyright (c) 2023 https://creativecommons.org/licenses/by-sa/4.0 https://epubs.ac.za/index.php/jacl/article/view/1732 Thu, 23 Nov 2023 00:00:00 +0000 Index https://epubs.ac.za/index.php/jacl/article/view/1479 Chesne Albertus Copyright (c) 2023 University of the Western Cape https://creativecommons.org/licenses/by-sa/4.0 https://epubs.ac.za/index.php/jacl/article/view/1479 Mon, 05 Jun 2023 00:00:00 +0000