Delineating the role of foreign governments in the fight against corruption in Africa

Abstract

Corruption on the African continent unfolds two unique trends: first, the involvement of senior state officials in the perpetration of grand corruption; and secondly, the illicit and surreptitious transfer of stolen assets and funds beyond Africa’s borders. As such, African States are heavily drained of their resources when corruption is committed. Foreign states become safe havens for stolen assets from Africa which makes Africa’s development stagnated, paralysed and hijacked by the perpetrators. Compounded by a litany of challenges such as weak institutions; poorly written laws; a culture of impunity; the absence of the rule of law; a widening gap between the rich and the poor; the pangs of underdevelopment; undermanned and under-resourced anti-corruption institutions and a sheer absence of a strong political will, the fight against corruption in Africa is one of Africa’s biggest battles. While some national efforts to overcome this invisible enemy amongst the African people (corruption) may be commended, it is clear that such efforts themselves are insufficient and ineffective: a holistic approach is more than needed, especially given the trends in which grand corruption in particular is committed. Borrowing from relevant international legal instruments, this paper argues that it is a moral and legal imperative for non-African States to enjoin Africa in its fight against corruption. In making this thesis, this paper identifies and discusses the different ways in which such non-African states can help Africa in its fight against corruption.

Keywords:

• foreign governments
• corruption in Africa
• Mutual Legal Assistance
• duty to assist in the fight against corruption

JEL classification:

• criminal law
• criminology
• sociology
• government and politics
• international relations

PUBLIC INTEREST STATEMENT

Across disciplines in social sciences, and at the centre of credible political leadership is the management of public resources by individuals who occupy public offices, whether elected or appointed. The mismanagement of public resources for private gain does not only stagnate socio-economic development and widen the gap between the rich and the poor, it further erodes the confidence the people have in their leaders. While no society is corruption free, effectively fighting corruption, with the goal of bringing it to a tolerable level, is quite a Herculean task for many African countries that operate on inherently weak or dysfunctional systems (blend of laws and institutions). This study explored the need for foreign countries to assist Africa in her efforts to fight corruption: a commitment that requires the fierce urgency of now given the grave ramifications corruption has on the African continent.

Additional information

Funding

The authors received no direct funding for this research.

Notes on contributors

Anzanilufuno Munyai

Dr. Anzanilufuno Munyai is a Lecturer in the Faculty of Law, University of Johannesburg. Professor Avitus Agbor Agbor is a Research Professor, Faculty of Law, North-West University, South Africa. Dr Munyai pursued a doctorate in Public Law and Legal Philosophy, and was supervised by Professor Agbor. This research was an aspect of her doctoral thesis which was submitted for examination and passed.