Facing the scourge of corruption in the context of the Africa’s judiciary

Addis Ababa, 21 November 2007 (ECA) – Judges, magistrates and anticorruption civil society actors met under the theme, “Deepening the Judiciary’s Effectiveness in Combating Corruption”. The meeting grappled with the dual complexity faced by the judiciary in curbing corruption and the need for the judiciary to purge itself of corruption within its own ranks. The discussions aimed at proposing practical modalities to enhance the role of the judiciary in combating corruption.

Speaking at the opening of the 3-day experts group meeting, Mr. Okey Onyejekwe, Director of the Governance and Public Administration Division (GPAD) of the United Nations Economic Commission for Africa (ECA) said, “Corruption has a corrosive effect on development, it increases the cost of doing business, undermines the efficient delivery of services, compromises the capacity of the state and creates a wedge between the governors and the governed.”

Mr. Onyejekwe welcomed the progress made on the continent in the fight against corruption by the judiciary and pointed out that as a custodian of the law and due process, the judiciary must ensure that unjust and corrupt acts, and the abuse of power, which violate the law are duly punished.”

Participants outlined a number of concerns that plague the anti-corruption crusade, including the lack of transparency within the judiciary as well as the lack of training and awareness in both the government and civil society.

“Our anti-corruption efforts are compounded by the difficulty of managing the expectations of the public”, said a participant from Zambia. “Most cases involve highly complex transactions, spanning many jurisdictions, which brings about a lot of frustrations due to the apparent lack of progress,” he added.

“In addition, lay magistrates do not have adequate legal training, and it is difficult to attract and recruit qualified lawyers in the civil service. He said, adding that conditions of service are more attractive in the private sector.

According to Mr. Dingi Madise from Malawi’s Mzuzu Court House, political interference and institutional capacity are major weaknesses. “High profile case syndrome is a huge problem in Malawi, with no results, 2-3 years down the line,” he said, adding, “Malawians are asking, “are we succeeding in the fight against corruption?”

Despite the challenges, progress was reported on. In Nigeria, the government’s zero tolerance policy against corruption contributed to a debt relief amounting to over $ US 18 billion. Further, over USD $ 5b worth of assets have been recovered.
“In a country that at one point had the reputation of one of the worst countries to do business, we are fighting corruption on many fronts, including introducing anti money-laundering, and public procurement laws”. Said the representative from Nigeria noting that it has not been an easy task and that heads of anti-corruption agencies “must be incorruptible and must be ready to die in the course of duty.”

Zambia’s current zero tolerance has seen unprecedented efforts in trying, convicting and seizing the assets of leaders of the former government. In addition, the former president is facing corruption charges. The efforts made by Zambia in reforming public service delivery institutions through initiatives such as the Millennium Threshold Project have helped to simplify procedures through computerization, thus reducing incidences of corruption.

In Mauritius, the presence of a vigilant and dynamic press, as well as a human rights commission creates a healthy environment that gives the public the right to report corrupt practices according to Ms. Veronique Kwok Yin Siung Yen of the Supreme Court of Mauritius, who noted that the government is committed to systems and institutions that are accountable and transparent.

However, in countries such as Burundi, despite the serious intentions of tackling corruption, the country’s priorities are split, in part due to the urgency of current peace and security matters. “Over a decade of political crisis provided ample opportunity for civil servants to engage in all sorts of mal practices”, said the representative from Burundi, adding that mechanisms have been set up to enshrine the protection and respect of public goods in the country’s constitution and to conduct investigations through an independent consultancy firm from Benin.

Equally, Congo Brazzaville’s major problem lies in its fragile institutions that lack in transparency and accountability and that have been hugely compromised due to the country’s prolonged political crisis. Djibouti decried the fact that confronting corruption is not only taboo, in addition, the deeply entrenched family ties protect the corrupt.

“More attention is needed on the bigger fish in the judiciary”, said a participant from Malawi, noting that in that country’s case, three magistrates have been arrested, with two convictions. “We are yet to see a judge appearing in court as the allegations of corruption on the bench are not visible”.

“The fight against corruption is a matter of political will”, said a participant from Burkina Faso. “Legal provisions are needed, but appropriate sanctions are even more important to mete against the corrupt, especially among the judiciary,” he added.

:: Meeting Documents