CORRUPTION Causes 1 Overview Corruption is pervasive continuing

CORRUPTION Causes 1

Overview: § Corruption is pervasive, continuing and not § § § bounded by position or rank; Some areas of public life are more prone to corruption than others; The causes of corruption include factors intrinsic to public administration/governance itself: its organisation, the opportunities for corruption which present themselves, and the existence of a ‘culture of patronage or loyalty’; Continued vigilance and anti-corruption measures are vital. 2

What is ‘Corruption’? § No single, all-encompassing definition; § Courts & Laws have been able to say what it is not (e. g. does not have to involve dishonesty), but not what it is! § Breach of trust or duty / Breach of the ‘agent/principal’ relationship can be said to lie at the heart of the law of corruption. 3

The classic typology of corruption: § § § § § Corruption of authority; Kickbacks; Opportunistic theft; ‘Shakedowns’; Protection of activities; ‘The Fix’; Direct Criminal Activities; Internal pay-offs; Planting. (Roebuck & Barker, 1974) 4

Examples of corrupt activity: Law Enforcement § Theft of recovered money / drugs (and § § § consequent activities); Not proceeding with a case in return for reward; Planting; Selling / providing information to criminals/private investigators/journalists; Direct Criminal Activities; Conspiring with criminal associates / informants to join in their criminal activities (incl violence). 5

CAUSES § Poverty? (Cause or Effect? ) § Greed? § Culture/Habit? § Lack of Management (all levels)? § Lack of Deterrent? § Natural Order of Things? 6

CONSEQUENCES § Poverty? § Poor Health? § Lack of Education? § Violence/Crime? § Economic Instability? § Political Instability? § Lack of Infrastructure? § International Instability? 7

AND THESE… Corruption: § Can add up to 100 percent to the cost of government goods and services in some countries. § Can cost governments as much as 50 percent of their tax revenues. § Bring losses that can total more than a country's foreign debt. § Diverts foreign investment, and leads to reduced asset life. § Undermines the creation of a professional, meritocratic civil service. § Is the equivalent of a highly regressive tax, and its burden falls disproportionately upon the poor. Fires, landslides, collapsed buildings, arid land ferry sinkings. § Might result in regime collapse. 8

THE POSSIBLE CRIMES? 9

A METHODOLOGY: § § § Specialisation: Investigators & Prosecutors; Early Legal Advice; Reporting Mechanisms; Reactive Investigations: Recognising the use and the limitations; Proactive Investigations: Focus; What do we want? How can we achieve that? Practical limitations? Intellectual honesty and consistency. 10

(i) Reactive investigations (ii) Proactive investigations 11

COMMON PROBLEMS IN REACTIVE CORRUPTION CASES § The nature of the evidence: no honest witnesses § § § having come forward to testify against colleagues. Co-operating defendants: type of person; need for cleansing; need for corroboration. Motives for lying. Witness protection issues Potential witness who is willing to give a statement and evidence, but is unwilling to plead guilty to his part before the court. Disclosure applications. Prior destruction of papers / unavailability of witnesses. Production of exhibits, when person originally producing is himself a suspect. Reluctance to convict. 12

Some Challenges in/Approaches to Tackling Corruption § Closeness in relations (family/associates/traditional/ethnic) § Resources/Structures/Measures § Tackling Petty/Major Corruption 13

Consequent Importance of Preventive Strategy § Institutional Pillars: Rules & Procedures § Political Will § Practical Strategy Capable of Implementation (incl Leadership) § Transparency & Access to Information § Awareness/Buy-in § Measurement/Monitoring § Resources 14

RATIONALISATION TREE § Is there an opportunity? § Will I be seen? § Will I be reported? § Will I be investigated and prosecuted? § Is there possibility of severe punishment? § Will I keep the proceeds? 15