Department of Criminal Justice and Procedure

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https://hdl.handle.net/10566/1645
The Department of Criminal Justice And Procedure offers a select menu of highly sought-after elective courses in criminal law, child justice, conveyancing, legal process, and comparative criminal justice. The Department also conducts and publishes internationally recognised research in these subject areas.

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Browsing by Subject "Accountability"

Now showing 1 - 3 of 3
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    An assessment of assets declaration by public officers as an anti-corruption measure in Nigeria
    (University of the Western Cape, 2019) Ayinde, Dare Joseph; Koen, Raymond
    Although corruption is a global problem, its nature, extent and consequences in Nigeria are alarming. Nigeria has a plethora of laws, policies and institutions that have been put in place by the government to keep corruption at bay. One such law is the Code of Conduct Bureau and Tribunal Act of 1989 (CCBT Act) which regulates, inter alia, the declaration of assets by public officers. However, corruption has defiled all these initiatives. Eloquent evidence of unsuccessful attempts at curbing corruption in Nigeria is the fact that the country consistently has been rated by Transparency International as one of the most corrupt countries in world. For example, in the 2017 Corruption Perceptions Index, Nigeria was ranked 148 out of 180 countries that were assessed. The Corruption Perceptions Index is based on a scale of 0 to 100: any score above 50 denotes low levels of corruption in the public sector and any score below 50 denotes high levels of corruption in the public sector. Nigeria scored 27. This indicates that the public sector in Nigeria is perceived to be significantly corrupt.
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    A critical evaluation of the Zimbabwe Anti-Corruption Commission
    (University of the Western Cape, 2019) Matebwe, Annet Tanyaradzwa; Koen, Raymond
    Corruption generally is regarded as one of the most serious obstacles to development. It is endemic in many African countries and is being blamed increasingly for weak economic growth, high socio-economic inequalities and poverty. Zimbabwe, over the years, has experienced a surge in the level of corruption, increased state violence and a rapidly declining economy. The country has taken measures to try and curb corruption. At the centre of Zimbabwe’s anti-corruption efforts is the Zimbabwe Anti-Corruption Commission (ZACC). Its primary function is to combat corruption in the private and public sectors. It makes recommendations to the government and the private sector about increasing accountability, promoting integrity and preventing improprieties. It was established in 2005 in terms of Chapter 13, Part 1 of the Constitution of Zimbabwe and the Zimbabwe Anti- Corruption Commission Act of 2004. In addition to constitutional provisions that promote the fight against corruption, Zimbabwe is a signatory to many regional and international anti-corruption instruments. These include the Southern African Development Community Protocol against Corruption (SADC Protocol), which was signed in 2001 and ratified in 2003; the African Union Convention on Preventing and Combating Corruption (AU Convention), signed in 2003 and ratified in 2006; and the United Nations Convention against Corruption (UNCAC) of 2005, ratified in 2007.
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    The wealth declaration system in Kenya: a Critical study
    (University of the Western Cape, 2020) Mungai, Moses Kahiga; Koen, Raymond
    The culture of corruption is rooted deeply in Kenya. It may be described as an incurable infectious disease.1 Kenya has been ranked as one of the most corrupt countries in the world. For the last three years, Kenya has scored less than 27 percent in the Corruption Perceptions Index published by Transparency International. Corruption persists mainly because those in public office benefit from it and the existing institutions lack both the will and capacity to stop it. It persists despite the legislation, institutions and measures that have been put in place to fight it.3 The Ethics and Anti-Corruption Commission is the main institution mandated to combat corruption in Kenya. The primary anti-corruption laws are the Public Officer Ethics Act No 4 of 2003, the Leadership and Integrity Act No 18 of 2014, the Public Officer Ethics (Management, Verification and Access to Financial Declaration) Regulations of 2011 and the Kenyan Constitution of 2010. One of the key anti-corruption measures is the system of wealth declarations by public officials established by the Public Officer Ethics Act (POEA). The POEA did not have an easy passage into law. When it was introduced in 2002, Kenya was governed by the Kenya African National Union (KANU), led by President Moi. The regime was characterised by autocratic rule, high levels of politically sanctioned corruption, rapid economic decline and massive accumulation of wealth for the politically connected.4 Unsurprisingly, President Moi did not assent to the enactment of the POEA. The National Rainbow Coalition (NARC) came into power in 2003 and re-commenced the process to pass the POEA into law. This was done with a view to curbing corruption and bolstering donor confidence.5 Regrettably, the NARC administration quickly replicated the corrupt practices of its predecessor, despite being elected on a platform of zero tolerance towards corruption. The new administration, which had promised war on corruption, instead was embracing corruption and denying citizens constitutional reforms.