1 CORRUPTION Causes

2 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.

3 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.

4 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)

5 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).

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

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

8 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 and ferry sinkings.  Might result in regime collapse. AND THESE…

9 THE POSSIBLE CRIMES?

10 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.

11 (i) Reactive investigations (ii) Proactive investigations

12 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.

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

14 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

15 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?