Magister Legum - LLM / German Academic Exchange Service (DAAD)

Magister Legum - LLM

Magister Legum - LLM

<p>Corruption is a serious problem which has many negative impacts on sustainable economic development globally. The clandestine nature of corruption makes it difficult to detect. Hence, efforts to combat corruption successfully demand comprehensive anti-corruption legislation, strong powers, as well as special investigative techniques and strategies. An effective anti-corruption regime requires a comprehensive anti-corruption legal framework which not only punishes all forms of corruption but also capacitates anti-corruption institutions. A strong anti-corruption agency is a&nbsp / crucial requirement and a necessary part of a country&rsquo / s anti-corruption strategy. The failure or the success of an anti-corruption agency depends on a variety of factors, such as powers and means to detect, investigate and prosecute corruption and related offences. The lack of trained staff, as well as the lack of adequate material resources, also affects the effectiveness of an anti-corruption agency. The anti-corruption agencies covered by this research are not empowered or resourced sufficiently, which may result in their ineffectiveness. This paper provides a set of recommendations in respect of the powers and strategies needed for a successful anti-corruption agency.</p>

<p>Corruption is a serious problem which has many negative impacts on sustainable economic development globally. The clandestine nature of corruption makes it difficult to detect. Hence, efforts to combat corruption successfully demand comprehensive anti-corruption legislation, strong powers, as well as special investigative techniques and strategies. An effective anti-corruption regime requires a comprehensive anti-corruption legal framework which not only punishes all forms of corruption but also capacitates anti-corruption institutions. A strong anti-corruption agency is a&nbsp / crucial requirement and a necessary part of a country&rsquo / s anti-corruption strategy. The failure or the success of an anti-corruption agency depends on a variety of factors, such as powers and means to detect, investigate and prosecute corruption and related offences. The lack of trained staff, as well as the lack of adequate material resources, also affects the effectiveness of an anti-corruption agency. The anti-corruption agencies covered by this research are not empowered or resourced sufficiently, which may result in their ineffectiveness. This paper provides a set of recommendations in respect of the powers and strategies needed for a successful anti-corruption agency.</p>

Magister Legum - LLM / Corruption is a serious problem which has many negative impacts on sustainable economic development globally. The clandestine nature of corruption makes it difficult to detect. Hence, efforts to combat corruption successfully demand comprehensive anti-corruption legislation, strong powers, as well as special investigative techniques and strategies. An effective anti-corruption regime requires a comprehensive anti-corruption legal framework which not only punishes all forms of corruption but also capacitates anti-corruption institutions. A strong anti-corruption agency is a crucial requirement and a necessary part of a country's anti-corruption strategy. The failure or the success of an anti-corruption agency depends on a variety of factors, such as powers and means to detect, investigate and prosecute corruption and related offences. The lack of trained staff, as well as the lack of adequate material resources, also affects the effectiveness of an anti-corruption agency. The anti-corruption agencies covered by this research are not empowered or resourced sufficiently, which may result in their ineffectiveness. This paper provides a set of recommendations in respect of the powers and strategies needed for a successful anti-corruption agency. / South Africa

Magister Legum - LLM / Today corruption is a major concern for most countries.1 Civil forfeiture of the proceeds of corruption has been embraced as a key strategy by many states in recovering public funds lost through corruption.2 It may be defined as a remedial statutory device designed to recover the proceeds of a crime as well as its instrumentalities.3 Originally, asset recovery regimes adopted by most states were predominantly criminal forfeiture. This mode of forfeiture is preceded by a conviction, after which the state takes possession of the proceeds of the crime from a convicted individual.4 Its proceedings are in personam and the standard of proof is proof beyond a reasonable doubt. Thus, actual forfeiture only takes place after the issue of a conviction order. As a consequence, it is always lengthy and often results in delayed realisation of the proceeds of crime. 5 The inherent weaknesses of criminal forfeiture gave birth to the idea of developing a civil forfeiture system.6 This mode is different from the former in that its proceedings are in rem. Hence the standard of proof is proof on a balance of probabilities and a conviction order is not required.7

The ill-effects of corruption on the society, polity and economy of a country are far reaching. They have a corrosive effect on the rule of law, on governance and on the welfare of the society. The Constitution of the Republic of South Africa of 1996, which is the supreme law of the country, places as an expectation and obligation on the government accountability of state, and a government free of corruption and the malignancy of economic nepotism. South Africa’s anti-corruption framework is designed as a control-based approach that is multi-faceted and executed through legislation, supporting regulations, audit trails, anti-corruption structures, law enforcement, and public vigilance and reporting structures, amongst others. Be that as it may, South Africa is battling the scourge of corruption and other self-serving behaviours, often amongst the upper echelons of governing power, as demonstrated by the State capture. Some of the acts of corruption stems from the very same institutions that are meant to be the upper guardians of law and order. Numerous corrupt practices occur almost daily, including but not limited to fraud, bribery, extortion, nepotism, conflict of interest, cronyism, favouritism, theft, fronting, embezzlement, influence-peddling, insider trading/abuse of privileged information, bid-rigging and kickbacks and money laundering. The list is not exhaustive. Based on the findings of this study, numerous recommendations and /or suggestions are made. The value of the study lies in the contribution it makes in South Africa’s fight against corruption to become comparable to countries whose corruption perception index is all time favourable, such as Botswana, Seychelles, Hong Kong and Singapore. / Criminology and Security Science / D. Litt. et Phil. (Criminal Justice)