Browsing by Author "Duri, Jorum"

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    Assets declarations by public officers in Zimbabwe as an anti-corruption tool
    (University of the Western Cape, 2016) Duri, Jorum; Koen, R.
    Zimbabwe is regarded as one of the most corrupt countries on the African continent. The absence of an assets declaration regime in Zimbabwe has made it difficult to hold accountable public officers implicated in corruption and found in possession of unexplained assets. Corruption by public officers is hard to detect and prove, especially when there are no measures to ensure official acknowledgement of their assets. This paper confronts an important gap in the anti-corruption laws of Zimbabwe. It examines the importance of assets declarations as a tool to fight corruption by public officers in Zimbabwe. In doing so, it will deal also with the main elements of an assets declaration regime for Zimbabwe. Finally, the research provides recommendations on how Zimbabwe can establish an effective assets declaration system to ensure transparency, accountability and openness in the public sector.
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    Deploying transitional justice mechanisms as anti-corruption tools in Africa
    (University of the Western Cape, 2020) Duri, Jorum; Koen, Raymond
    This thesis advocates the expansion of the field of transitional justice to address corruption in African states emerging from conflict or authoritarianism. There is a close connection between corruption and conflict or repressive regimes in Africa. A good example is the Arab Spring of 2011, where citizens of Tunisia, Egypt and Libya protested against endemic corruption, leading to removal of despotic leaders from power. Dictators or conflicts tend to leave African states in situations where their coffers have been emptied corruptly and their citizens subjected to serious physical violence. What is more, corrupt and oppressive leaders use their ill-gotten assets to escape liability for their crimes. The evident link between the two forms of abuse makes it desirable to address them simultaneously when the dictatorship or conflict ends. Many African countries have deployed transitional justice mechanisms, such as criminal prosecutions, truth commissions, institutional reforms and reparations to address violations of civil and political rights. However, they have neglected corruption and other violations of social and economic rights, notwithstanding their crucial role in the violent past. Many countries still are haunted by the unresolved legacies of corruption and other socio-economic injustices. Recently, scholars and practitioners in the fields of transitional justice and anti-corruption have started to call for corruption and other socio-economic issues to be accommodated within transitional justice programmes. Problems encountered with the expansion of transitional justice mechanisms have not been worked out yet at the level of theory, policy and practice. This thesis subscribes to transformative justice theory as the most viable perspective from which to tackle corruption in transitional societies in Africa. Transformative justice theory is gaining increasing attention in the field of transitional justice, and it has been incorporated in the recent African Union Transitional Justice Policy. It champions locally driven mechanisms which reflect the needs of the victims and local communities, and which pursue socio-economic justice and transformation. The thesis argues that the current transitional justice mechanisms have the potential to become transformative and it will seek to answer how best each of these mechanisms may be implemented to address corruption. It is hoped that this thesis will assist in answering critical questions regarding the proximate relationship between corruption and violence, and in offering guidelines towards the total integration of an anti-corruption agenda into the field of transitional justice in Africa.
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    Dirty money as legal fees in Namibia and Zimbabwe: are lawyers laundering proceeds of crime?
    (Emarald Publishing, 2020) Duri, Jorum
    Purpose – The purpose of this paper is to explore the contentious issue whether lawyers become launderers when they accept dirty money as legal fees. Lawyers represent criminal defendants who may wish to pay for their legal fees with proceeds of their criminal activities. The paper analyses the legal position of Namibia and Zimbabwe on such tainted fees and proceeds to compare with the different position taken by the United States. Design/methodology/approach – The paper adopts a desk research methodology with reliance on various sources such as statutory laws, case laws, books, journal articles and the internet. Its scope is limited to issue and content analysis relating to the use of dirty money as legal fees. Findings – The paper shows that lawyers become launderers when they accept dirty money as legal fees with knowledge or suspicion of its origins. It concludes that the prohibition of dirty money as legal fees is important in the fight against economic crime in Namibia and Zimbabwe. Even though it is decriminalised in the USA, the continuous prosecution of lawyers for tainted fees shows that state authorities are aware of the dangers of tainted legal fees. Originality/value – This paper adds to the few available literature on dirty money and legal fees. It provides sound reasons why prohibition of tainted attorneys’ fees adds muscle to the fight against economic crime. No prior literature is available on tainted legal fees in Namibia and Zimbabwe specifically
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    Dirty money as legal fees in Namibia and Zimbabwe: are lawyers laundering proceeds of crime?
    (Emerald, 2020) Duri, Jorum
    The purpose of this paper is to explore the contentious issue whether lawyers become launderers when they accept dirty money as legal fees. Lawyers represent criminal defendants who may wish to pay for their legal fees with proceeds of their criminal activities. The paper analyses the legal position of Namibia and Zimbabwe on such tainted fees and proceeds to compare with the different position taken by the United States. The paper adopts a desk research methodology with reliance on various sources such as statutory laws, case laws, books, journal articles and the internet. Its scope is limited to issue and content analysis relating to the use of dirty money as legal fees.
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    Dirty money as legal fees in Namibia and Zimbabwe: are lawyers laundering proceeds of crime?
    (Emerald group holding, 2022) Duri, Jorum
    Purpose: The purpose of this paper is to explore the contentious issue whether lawyers become launderers when they accept dirty money as legal fees. Lawyers represent criminal defendants who may wish to pay for their legal fees with proceeds of their criminal activities. The paper analyses the legal position of Namibia and Zimbabwe on such tainted fees and proceeds to compare with the different position taken by the United States. Design/methodology/approach: The paper adopts a desk research methodology with reliance on various sources such as statutory laws, case laws, books, journal articles and the internet. Its scope is limited to issue and content analysis relating to the use of dirty money as legal fees. Findings: The paper shows that lawyers become launderers when they accept dirty money as legal fees with knowledge or suspicion of its origins. It concludes that the prohibition of dirty money as legal fees is important in the fight against economic crime in Namibia and Zimbabwe. Even though it is decriminalised in the USA, the continuous prosecution of lawyers for tainted fees shows that state authorities are aware of the dangers of tainted legal fees. Originality/value: This paper adds to the few available literature on dirty money and legal fees. It provides sound reasons why prohibition of tainted attorneys’ fees adds muscle to the fight against economic crime. No prior literature is available on tainted legal fees in Namibia and Zimbabwe specifically.