Does banning opposition candidates from ballots increase the risk that they will turn to bullets instead? Globally, since the end of the Cold War, blatant election rigging tactics (such as ballot box stuffing) are being replaced by 'strategic rigging': subtler procedural manipulations aimed at winning while maintaining the guise of legitimacy in the eyes of international observers. In particular, incumbents (in regimes stuck between democracy and authoritarianism) are turning to 'electoral exclusion', neutralizing key rivals by illegitimately banning certain candidates, in turn reducing the need for cruder forms of election day rigging. I used mixed methods - combining insights from an original global dataset with extensive elite interviews conducted in five countries (Madagascar, Thailand, Tunisia, Zambia, and Côte d'Ivoire) - to establish that electoral exclusion is an attractive short-term election strategy for vulnerable incumbents that produces a much higher chance of victory but comes with high costs in the longer-term. Global probit modeling (using electoral exclusion as an independent variable and coups d'état and civil wars as separate dependent variables) suggests that, since the end of the Cold War, excluding opposition candidates from the ballot roughly doubles the risk of a coup d'état or quadruples the risk of civil war onset. In spite of these risks, incumbents fall into this 'exclusion trap' because of the shortened time horizon that frequently accompanies competitive multi-party elections. Vulnerable incumbents worry more about the short-term risk of losing an election than the long-term but ultimately unknown risk that political violence will ensue after the election. Finally, the inverse corollary of these findings is that inclusion of opposition candidates during multi-party elections can be a stabilizing factor. Though it may seem counterintuitive, fragile 'counterfeit democracies' - and so-called 'transitional' regimes - may be able to stave off existential threats to regime survival by extending an olive branch to their fiercest opponents. These findings combine to form the overarching argument of this dissertation: when opposition candidates are excluded from the ballot, they become more likely to turn to bullets by launching coups d'état and civil wars.

Corruption from a criminological perspective forms the basis of this dissertation. The crime component of corruption the 'what', 'why' and 'how' is the dominant theme throughout the study and includes corruption in the South African public sector, highlighting police corruption in the Western Cape. Although this study is exploratory, certain qualitative interviewing techniques, including an interview guide, were used to maximise the information obtained from knowledgeable interviewees. Corruption was further elucidated by the employment of criminological theories to explain pertinent findings in the research, by highlighting risk factors that lead to corruption, by giving examples of corruption and by discussing anti-corruption agencies and the effectiveness of existing legislation. Corruption in the public sector has always been around and will be ad infinitum. The severity of the consequences of this phenomenon can be curtailed by the will of politicians, the involvement of civil society and an operational criminal justice system. / Criminology and Security Science / MA (Criminology)

In a democracy it is the citizens who choose their leaders. Through elections, the people constitute government to preside over public affairs. However, in several African countries the quality of the elections has been vitiated by fraud, incompetence, unequal playing field and violence. Part of the problem is historical. Within the first decade of attaining independence in the 1950s and 1960s, many African regimes rapidly descended into autocracy and many countries formally recognised one-party regimes. Despite many one-party regimes having been abolished after the democratisation wave of the late 1980s and early 1990s, challenges of holding free and fair elections persist. Several elections held since this democratic wave were generally not considered by independent observers as free and fair. Indeed Africa has become well known for flawed elections, such as was the case in the 2007 elections in Kenya, the 2008 elections in Zimbabwe and the 2010 elections in Ivory Coast. Due to the stifled democratic climate, where even elections had a predetermined outcome, coups became a common and regular method of showing discontent or removing government. While the phenomenon of problematic elections is going on, at the continental level, Africa seems to be making renewed commitment towards democratic governance. With the transformation of the Organisation of African Unity (OAU) into the African Union (AU) through the adoption of the Constitutive Act of the African Union in 2000, the AU, inter alia, committed to promoting “democratic principles and institutions, popular participation and good governance” and seems determined to depart from the legacy of poor governance. It is in view of the foregoing background that this research sought to investigate the challenges the judiciary in Africa has faced in adjudicating presidential election disputes. And, in light of the growing trend towards establishing common African democratic standards and seeking collective solutions, the research also sought to explore the viability of establishing a continental supranational mechanism for resolving disputed presidential elections through adjudication. / Public, Constitutional and International Law / LL. D.

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2018-11-23T12:15:32Z No. of bitstreams: 1 Luciana Dutra de Oliveira Silveira.pdf: 3309566 bytes, checksum: 1bca7d14fb346807aff935bfc2266525 (MD5) / Made available in DSpace on 2018-11-23T12:15:32Z (GMT). No. of bitstreams: 1 Luciana Dutra de Oliveira Silveira.pdf: 3309566 bytes, checksum: 1bca7d14fb346807aff935bfc2266525 (MD5) Previous issue date: 2018-10-08 / There is now an apparent worldwide trend to fight corruption through the adoption of the new generation of anticorruption laws, that is, domestic laws with extraterritorial reach that provide for legal responsibility to corporations for corrupt practices. In 2013, Brazil joined this movement with the adoption of the Clean Company Act. The entry into force of this legislation provoked criticism and concern, especially with regard to the tension between the underlying interests of the measure and its impacts. Considering that the new generation of anti-corruption laws focuses on corporate conduct abroad, it is clear the ability to impact international trade activities. This thesis addresses the possible impacts of the Clean Company Act to Brazilian international trade from the point of view of growth or fall in imports and exports flows, as well as the formulation of public policies and changes in the behavior of the private sector. Because it is a fairly recent regulation and due to the lack of convictions due to the practice of corruption abroad, the verification of the aforementioned impacts was done based on the study of the United States’ experience with the Foreign Corrupt Practices Act (FCPA). In light of the results regarding the adoption of the law and the imposition of FCPA enforcement actions, this thesis discusses the possible impacts of the Clean Company Act to Brazilian international trade. In summary, the thesis presents considerations regarding the future of Brazilian import and export flows in view of the new generation of anti-corruption laws, the challenges and the alternatives for the Brazilian government to achieve the objectives pursued with the aforementioned legislation, as well as the changes that will be promoted in the private sector conducts due to the new culture of compliance in international trade / Observa-se na atualidade uma aparente tendência mundial de combate à corrupção por meio da adoção da nova geração de leis anticorrupção, isto é, leis domésticas com alcance extraterritorial que atribuem responsabilidade às pessoas jurídicas pela prática da corrupção. Em 2013, o Brasil aderiu a esse movimento com a implementação da Lei da Empresa Limpa. A entrada em vigor dessa normativa atraiu críticas e preocupações, sobretudo no que diz respeito à tensão entre os interesses subjacentes à medida e os seus impactos. Tendo em vista que a nova geração de leis anticorrupção tem como escopo a atuação corporativa no exterior, é evidente o seu poder de impactar as atividades de comércio internacional. A presente tese aborda os possíveis impactos da Lei da Empresa Limpa para o comércio internacional brasileiro, tanto do ponto de vista de crescimento ou queda nas importações e exportações, quanto de formulação de políticas públicas e mudanças no comportamento do setor privado. Por se tratar de uma normativa bastante recente e devido à inexistência de condenações pela prática da corrupção no exterior, a verificação dos mencionados impactos foi feita a partir do estudo da experiência dos Estados Unidos com o Foreign Corrupt Practices Act. Com base nos resultados obtidos acerca da implementação do marco jurídico e da aplicação de medidas corretivas fundamentadas na referida lei, esta tese discute os possíveis impactos da Lei da Empresa Limpa para o comércio internacional brasileiro. Em suma, a tese traz considerações acerca do futuro dos fluxos de importação e exportação brasileiros em vista da nova geração de leis anticorrupção, dos desafios e das alternativas para o governo brasileiro alcançar os objetivos almejados com a referida normativa, bem como das mudanças que serão promovidas na atuação do setor privado haja vista a nova cultura do compliance no comércio internacional

The research was prompted by constant criticism of the Independent Electoral Commission (IEC) because of its poor voter registration and voters’ roll. Free and fair elections are the strong arm of democracy. The identified research problem was investigated by means of qualitative research. A thorough literature study from various sources of information, a case file analysis and structured interviews were used to gather the required data. The interviews were conducted with fingerprint experts, a data processor and constituency electoral assistants from the Lesotho Mounted Police Service, the National Identity and Civil Registry at the Ministry of Home Affairs and the IEC respectively. It was found that using fingerprints and the Automated Fingerprint Identification System (AFIS) can assist in investigations and in combating voter’s fraud, as fingerprints are unique. AFIS can be utilised for various purposes by institutions in the private and public sectors. Like any apparatus, AFIS has its own strengths and weaknesses. / Criminology and Security Science / M. Tech. (Forensic investigation)

This study was conducted as a result of the various media reports, various law enforcement investigation reports, Public Service Commission, reports of the Auditor General South Africa and the Public Protector South Africa on corruption and the various forms in which corruption manifests itself in the City of Tshwane Metropolitan Municipality and the effectiveness of the various law enforcement agencies and the government in tackling the scourge of corruption in public and private institutions. While South Africa has various anti-corruption strategies, they all seem to be ineffective and have thus far not achieved their desired results. A qualitative research approach was used to investigate this problem. A thorough literature study and documentary analysis was used to gather all the relevant data related to this topic. It has been found that the most common manifestations of corruption that take place in the South African public service are fraud, bribery, extortion, nepotism, conflict of interest, cronyism, favouritism, theft, graft, embezzlement and abuse of power. Other forms of corruption that raise concern are, for example, influence-peddling, insider trading/abuse of privileged information, bid-rigging and kickbacks. South Africa has, on the other hand, seven anti-corruption institutions and seventeen pieces of legislation which are intended to combat corruption in the public and private sector. These pieces of legislation give South African law enforcement and investigators in the public and private sectors a clear mandate with a view to investigating the high levels of corruption. It is the submission of the Public Service Commission (2011:vi) that corruption has become a global concern that seriously hampers development in any country and diverts its resources from where they are needed the most. The most unfortunate truth and reality about corruption is that the poor suffer the most. / Criminology and Security Science / M. Tech. (Forensic Investigation)

This study was conducted as a result of the various media reports, various law enforcement investigation reports, Public Service Commission, reports of the Auditor General South Africa and the Public Protector South Africa on corruption and the various forms in which corruption manifests itself in the City of Tshwane Metropolitan Municipality and the effectiveness of the various law enforcement agencies and the government in tackling the scourge of corruption in public and private institutions. While South Africa has various anti-corruption strategies, they all seem to be ineffective and have thus far not achieved their desired results. A qualitative research approach was used to investigate this problem. A thorough literature study and documentary analysis was used to gather all the relevant data related to this topic. It has been found that the most common manifestations of corruption that take place in the South African public service are fraud, bribery, extortion, nepotism, conflict of interest, cronyism, favouritism, theft, graft, embezzlement and abuse of power. Other forms of corruption that raise concern are, for example, influence-peddling, insider trading/abuse of privileged information, bid-rigging and kickbacks. South Africa has, on the other hand, seven anti-corruption institutions and seventeen pieces of legislation which are intended to combat corruption in the public and private sector. These pieces of legislation give South African law enforcement and investigators in the public and private sectors a clear mandate with a view to investigating the high levels of corruption. It is the submission of the Public Service Commission (2011:vi) that corruption has become a global concern that seriously hampers development in any country and diverts its resources from where they are needed the most. The most unfortunate truth and reality about corruption is that the poor suffer the most. / Criminology and Security Science / M. Tech. (Forensic Investigation)

The aim of this study is to assess the multi-disciplinary approach in the investigation of corruption in the South African public service. Data was collected by means of in-depth interviews conducted with members of the Directorate for Priority Crime Investigation’s Anti-Corruption Task Team to gain a comprehensive understanding of their experiences regarding the effectiveness of the Anti-Corruption Task Team in the investigation of corruption within the public service. In addition, the researcher conducted a comprehensive literature study of local and international legislation to curb corruption, supplemented with various multi-disciplinary approaches employed internationally. Furthermore, various global Anti-Corruption Agencies were studied to comprehend their functions and efficacy. The findings of the research identified and described various impediments facing the Anti-Corruption Task Team’s effectiveness in investigating corruption within the public service. As a result, this study recommends the need to establish a single Anti-Corruption Agency with a comprehensive mandate to prevent, investigate, and educate on corruption, to critically safeguard the independence of the Anti-Corruption Task Team against political interference, as well as the allocation of adequate resources and budget for its effective operation. The research identified best practices globally to combat corruption, which can be used to amend the current anti-corruption practices to suit the South African public service. Consequently, this study contributes significantly towards effective anti-corruption investigation in the South African public service. / Maikemišetšo a dinyakišišo tše ke go lekola mokgwa wa go kopanya dikarolo tše mmalwa tša thuto go nyakišiša bomenetša ka ditirelong tša setšhaba tša Afrika Borwa. Data e kgobokeditšwe ka mokgwa wa dipoledišano tše di tletšego tšeo di dirilwego le maloko a Sehlophatšhomo sa Twantšho ya Bomenetša sa Ofisi ya Molaodimogolo wa Dinyakišišo tša Bosenyi bjo Bogolo go hwetša kwešišo ya maitemogelo a bona a go šoma ga Sehlophatšhomo sa Twantšho ya Bomenetša mo go nyakišišeng bomenetša mo ditirelong tša setšhaba. Go tlaleletše, monyakišiša o dirile dinyakišišo tše di tletšego tša dingwalwa tša peomolao ya gae le ya ditšhabatšhaba tšeo maikemišetšo a tšona e lego go fokotša bomenetša le mekgwa ya go kopanya dikarolo tše mmalwa tša thuto yeo e dirišwago ditšhabatšhabeng. Go tlaleletša, mekgatlo ya twantšho ya bomenetša bja lefase ya go fapana e nyakišišitšwe go kwešiša mešomo le mehola ya yona. Monyakišiši o utollotše le go hlaloša mapheko a go fapana go moholo wa dinyakišišo ka Sehlophatšhomo sa Twantšho ya Bomenetša mo bomenetšeng ka ditirelong tša mmušo. Ka lebaka leo, dinyakišišo di digela tlhokego ya go thoma mokgatlo o tee wa go lwantšha bomenetša wa taolela ye kgolo ya go thibela, go nyakišiša le go ruta ka ga bomenetša; go šireletša boikemelo bja sehlophatšhomo sa twantšho ya bomenetša le go thibela go tsenatsena ga dipolotiki; le go aba methopo yeo e lekanego le ditekanetšo gore e šome gabotse. Dinyakišišo di utollotše tirišo ye botse go feta ka moka lefaseng ka moka go lwantšha bomenetša, yeo e swanetšwego go mpshafatšwa go fihlelela dinyakwa tša ditirelo tša setšhaba tša Afrika Borwa. / Inhloso yalolu cwaningo ukuhlola inqubo ebandakanya amadisiplini ehlukene ukuphenyisisa ngenkohlakalo kwezezimali kumkhakha wabasebenzi bakahulumeni eNingizimu Afrika. Idata iqoqwe ngokwenza ama-interview ajulile enziwe nabethimba elilwisana nezinkohlakalo kwezezimali, i-Anti-Corruption Task team lwabophiko lwabenza uphenyiso lobugebengu obukhulu lwe-Directorate of Priority Crime Investigation ukuthola ukuqondisisa okujulile ngezipiliyoni zabo ngokusebenza ngendlela enomphumela kwethimba le-Anti-Corruption Task Team ekuphenyisiseni ngenkohlakalo kwezezimali kumkhakha wabasebenzi bakahulumeni. Nangaphezu kwalokho, umcwaningi uye wafunda ngokujulile ngemibhalo yocwaningo imibhalo yemithetho yezwe kanye nemithetho yamazwe omhlaba enenhloso yokulwisana nenkohlakalo kwezezimali, kanye nezinqubo ezihlanganisa amadisiplini ehlukene ezisetshenziswa kumazwe omhlaba. Nangaphezu kwalokho, ama-ejensi omhlaba alwa nezinkohlakalo nawo kwafundwa ngawo ukuqondisisa imisebenzi yawo kanye nemiphumela yemisebenzi yawo. Umcwaningi waphawula kanye nokuchaza izihibe ezihlukene maqondana nokusebenza ngendlela enomphumela kophenyisiso olwenziwa ngabethimba le-Anti-Corruption Task Team kwinkohlakalo kwezeziali emkhakheni wabasebenzi bakahulueni. Ngenxa yalokhu, ucwaningo luncoma isidingo sokuthi kusungulwe i-ejensi eyodwa enamagunya ajulile okuvimbela, ukuphenyisisa kanye nokufundisa ngezindlela zokulwa nenkohlakalo kwezezimali; ukuvikela ukuzimela kwethimba lokulwa nenkohlakalo kanye nokuvimbela ukuthi ithimba lingaphazanyiswa ngabezepolitiki; kanye nokuhlinzeka ngemithombo eyenele kanye namabhajethi ukuze ithimba lisebenze kahle ngendlela enomphumela. Ucwaningo luphawule izindlela ezingcono kuwo wonke umhlaba zokulwa nenkohlakalo kwezezimali, kanti futhi lezi zinqubo kumele zichitshiyelwe noma zihlelwe kabusha ukuhlangabezana nezidingo zomkhakha wabasebenzi bakahulumeni eNingizimu Afrika. Kanti-ke futhi emuva kwalokho, lolu cwaningo luthela esivivaneni kuphenyisiso olunomphumela lokulwa nenkohlakalo kwezezimali okwenziwa kumkhakha wabasebenzi bakahulumeni eNingizimu Afrika. / Criminology and Security Science / Ph. D. (Criminal Justice)

Public Administration / M. Admin. (Public Administration)

Diamonds have played a dual role in society since their discovery. On the one hand, they have brought smiles to the faces of many exhibiting love, beauty, wealth and brilliance. On the other hand, they have been at the heart of many conflicts. This juxtaposition has different impacts in usage. For those whom diamonds were a positively and morally accepted benefit, it did not present problems. Where diamonds spurned conflicts, it caused harm to lives and territories. Human rights abuses became the cause of international conflicts. Humanitarian interventions appeared on the United Nations Security Council agenda. The United Nations had to address the human rights abuses and had to confront the escalation of human rights abuses. Human rights abuses reached significant proportions forcing the application of humanitarian intervention mechanisms. Control of the diamond trade industry was fast becoming an item on many international peace keeping agendas. International organisations such as the World Trade Organisation, the International Criminal Court, the African Union, the European Union, the World Diamond Council and the United Nations have all tried to influence the diamond trade and its consequential impact upon human rights. These organisations are regulated by law, making them a preferred mechanism for establishing accountability for human rights abuse, arising from the illegal trade in rough diamonds and the maintenance of peace and security.Pressed by the United Nations and, De Beers; NGOs; the Partnership Africa Canada and Global Witness; the World Diamond Council; and many States initiated a formalised voluntary international certification scheme for the export and import of diamonds. Thisinternational certification scheme for the trade of rough diamonds became known as the Kimberley Process Certification Scheme. The Kimberley Process Certification Scheme has been hailed as a milestone in the diamond trade industry. Simultaneously, the Certification Scheme has been criticised for its inefficacy in regulating the legitimate trade of rough diamonds. Whether the Certification Scheme in its present form is suitable to address the crisis in the trade of rough diamonds is central to this study. Thus, the characterisation, monitoring, implementation and evolution of the Kimberley Process Certification Scheme will be examined. / Jurisprudence / LLD