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> en-US jdmujuzi@uwc.ac.za (Jamil Mujuzi) mpsnyders@uwc.ac.za (Mark Snyders) Thu, 12 Jan 2023 11:07:52 +0000 OJS 3.3.0.13 http://blogs.law.harvard.edu/tech/rss 60 Corruption in Kenya during the Covid-19 pandemic and the right to health: Lessons learnt and future prospects https://epubs.ac.za/index.php/jacl/article/view/1274 <p>Kenya has made positive strides in fighting corruption through signing and ratifying the United Nations Convention Against Corruption and the African Union Convention on Prevention and Combating Corruption. These Conventions oblige Kenya to take measures to prevent and criminalise corruption and related offences. In addition, Kenya has enacted vast anti-corruption laws and established independent agencies like: the Ethics and Anti-Corruption Commission, the Office of the Director of Public Prosecutions and the Directorate of Criminal Investigations. These agencies play a role in investigating and prosecuting allegations of corruption with the aim of preventing and punishing corruption, and enforcing the anti-corruption laws.</p> Julie Lugulu Copyright (c) 2022 Journal of Anti-Corruption Law (sample journal) https://creativecommons.org/licenses/by-sa/4.0 https://epubs.ac.za/index.php/jacl/article/view/1274 Thu, 12 Jan 2023 00:00:00 +0000 Grappling with the scourge of money laundering during the Covid-19 pandemic in South Africa https://epubs.ac.za/index.php/jacl/article/view/1279 <p>The deadly COVID-19 pandemic has unfortunately presented new opportunities for perpetrators to exploit. As such, hefty amounts of economic crimes such as money laundering and money laundering threats were committed from the dawn of the COVID-19 pandemic, up to date of publication of this article. This criminal activity is highly likely to continue unless proficient solutions are efficiently activated and essentially carried out. This article sets out the ML and ML threat findings in South Africa as well as internationally during the pandemic, the South African anti-money laundering (AML) framework status quo, and what the way forward could be.</p> Coleta Wesso, Abraham Hamman Copyright (c) 2022 Journal of Anti-Corruption Law (sample journal) https://creativecommons.org/licenses/by-sa/4.0 https://epubs.ac.za/index.php/jacl/article/view/1279 Thu, 12 Jan 2023 00:00:00 +0000 Covid-19: Morals over empathy in the misuse of public funds. A case of Uganda in comparison with selected east African states https://epubs.ac.za/index.php/jacl/article/view/1272 <p>This paper investigates the extent to which public resources, allocated for addressing the adverse effects of the COVID-19 pandemic, were misappropriated despite the dire need to combat the effect of the pandemic in Uganda. Using a qualitative approach, it employs a multipronged technique to analyse relevant documentation such as newspaper reports, audit reports, case studies and written sources to examine the different responses and perspectives. Inevitably, the novel coronavirus pandemic has had a significant impact on Uganda’s economy with unprecedented levels of deterioration in socio-economic systems like healthcare, education, poverty and hunger. However, widespread concerns have emerged citing trends of corruption exemplified by embezzlement and fraudulent practices purportedly orchestrated by relevant government authorities in the form of undermining public procurement processes, under the guise of addressing an emergency.</p> Kenneth Fred Akena Copyright (c) 2022 Journal of Anti-Corruption Law (sample journal) https://creativecommons.org/licenses/by-sa/4.0 https://epubs.ac.za/index.php/jacl/article/view/1272 Thu, 12 Jan 2023 00:00:00 +0000 Veiled intent or advancing children’s right to education? The legality of payments for extra lessons in Zimbabwe’s education system https://epubs.ac.za/index.php/jacl/article/view/1277 <p>Extra lessons in Zimbabwe were initially designed by the Ministry of Primary and Secondary Education to assist learners with lagging aspects of their formal school learning areas. However, in the past few years, extra lessons have taken a new dimension, including the<br />intent to reinforce a learner’s knowledge and ability to understand lessons taught. Although payment for extra lessons in the formal education setting was declared illegal by the government, the practice continues to be a challenge in Zimbabwe as payments are still<br />demanded for extra lessons conducted in and outside the school premises. The situation worsened due to the COVID-19 pandemic which resulted in some teachers taking advantage of the prolonged schools closure and conducting extra lessonsin their homes wherein parents and guardians had to pay a certain amount for their children to undertake these extra lessons. Extra lessons have become a mixture of entrepreneurship and exploitation, with many parents failing to afford and some children missing out.</p> Opal M Sibanda Copyright (c) 2022 Journal of Anti-Corruption Law (sample journal) https://creativecommons.org/licenses/by-sa/4.0 https://epubs.ac.za/index.php/jacl/article/view/1277 Thu, 12 Jan 2023 00:00:00 +0000 Local government revenue leakages through corruption during the Covid-19 pandemic in Africa: The case of Zimbabwe https://epubs.ac.za/index.php/jacl/article/view/1275 <p>Zimbabwe has over the years experienced rampant corruption in all sectors of the economy. At local government level, there have been several allegations of corruption in areas such as revenue collection, procurement and land acquisitions among others. The magnitude of corruption is extreme especially in revenue collection. Most funds collected by local government revenue officials hardly reach municipalities’ coffers and are not accounted for. The advent of the COVID-19 pandemic has further created a breeding ground for corruption in revenue collection at local government level due to economic doldrums. Measures imposed by governments to contain the COVID-19 pandemic such as closure of all non-essential business activities, closure of borders and travel restrictions among others have reduced trade and economic activities.</p> Keith Tichaona Tashu Copyright (c) 2022 Journal of Anti-Corruption Law (sample journal) https://creativecommons.org/licenses/by-sa/4.0 https://epubs.ac.za/index.php/jacl/article/view/1275 Thu, 12 Jan 2023 00:00:00 +0000 The Short-lived story of Mexico’s special economic zones: An anti-corruption cancellation or a political discourse? https://epubs.ac.za/index.php/jacl/article/view/1273 <p>This article analyses the cancellation of the 2016 Special Economic Zones (SEZs), a project that sought to increase the economic competitivity of selected territories by attracting foreign direct investments (FDIs) through tax benefits and logistical platform commitments; being abrogated in 2019 and relocated to the 10 SEZs supporting the Trans-Isthmic Railroad in 2021 (TIR-SEZs). The paper discusses that, under the façade of anti-corruption, the current President of Mexico (2018-2024) is continuing neoliberal practices; the same ones he has called to accountability for being prone to corruption. This piece uses the theoretical bases purported by Brabazon’s Neoliberal Legal, the Law &amp; Economics and Law &amp; Development scholarships to assess the presence of neoliberal concepts in both the previous SEZs and the TIR-SEZs’ legal framework.</p> Gerardo Centeno Garcia Copyright (c) 2022 Journal of Anti-Corruption Law (sample journal) https://creativecommons.org/licenses/by-sa/4.0 https://epubs.ac.za/index.php/jacl/article/view/1273 Thu, 12 Jan 2023 00:00:00 +0000 From food to cash relief: How prepared are Uganda’s anti-corruption agencies to counter corruption in Covid-19 cash transfers? https://epubs.ac.za/index.php/jacl/article/view/1278 <p>In July 2021, Uganda commenced the disbursement of telephonic cash transfers to the vulnerable urban poor, most adversely affected by the COVID-19 pandemic, marking a policy shift from food relief to cash transfers to the vulnerable. Accountability hurdles had previously beset food relief interventions with allegations that the funds meant for food relief had been misappropriated. Some of these allegations led to the arrest of officials from the Office of the Prime Minister by the State House Anti-Corruption Unit. Whereas some of the previous studies have indicated cash transfers by telephone to be less prone to the fraud risks and challenges commonly associated with the bureaucracies of procurement, storage, transportation and distribution of in-kind items, there is also evidence that cash transfers may be susceptible to other risks such as political manipulation, ghost beneficiaries, and kickbacks from the local elites who may seek undue benefit from the cash transfer schemes.</p> Zakaria Tiberindwa Copyright (c) 2022 Journal of Anti-Corruption Law (sample journal) https://creativecommons.org/licenses/by-sa/4.0 https://epubs.ac.za/index.php/jacl/article/view/1278 Thu, 12 Jan 2023 00:00:00 +0000 Reaping “bumper harvests” during the Covid-19 pandemic: Interrogating the dynamics of corruption during the procurement of relief and healthcare items in Uganda https://epubs.ac.za/index.php/jacl/article/view/1276 <p>The discovery of the coronavirus (SARS-CoV2 or COVID-19) in Wuhan, China was considered a Chinese problem by Ugandans until confirmation of the first positive test in the country, in March 2020. The government went into panic mode by closing the country’s borders, tracking down all contacts, testing them and treating them, imposing a nationwide lockdown and a curfew, prohibiting public gatherings more than five people and suspension of all economic activities except the most essential. It was the first lock down in a country where much of the urbanised population live “hand to mouth”. Due to resurgence of COVID-19 infections, a second lockdown<br />was announced in June 2021. In both cases, the government organised relief support and healthcare for the most impacted or vulnerable communities / individuals.</p> Robert M Muwanguzi, Hadijah Namyalo-Ganafa Copyright (c) 2022 Journal of Anti-Corruption Law (sample journal) https://creativecommons.org/licenses/by-sa/4.0 https://epubs.ac.za/index.php/jacl/article/view/1276 Thu, 12 Jan 2023 00:00:00 +0000