The South African Government in 2002 accepted the Public Service Anti-Corruption Strategy (PSACS) with the objective to reduce the manifestation of malfeasance in the public service. The PSACS identified various goals and objectives to be achieved at both the systemic and departmental levels. At the departmental level, the PSACS set out to increase the institutional capacity of departmental institutions, and encourage the management of risk and of discipline in the public service. Departments are required to establish the necessary capacity to formulate fraud prevention and anti-corruption policies, receive and manage allegations of corruption, and investigate allegations of corruption and detected risks at a preliminary level. To manage ethics departments should inter alia identify early signs of a lack of discipline, improve the accountability and capacity of managers to manage discipline, and encourage managers to act against transgressions. However, various authors have been critical of the formulation of policies and the establishment of structures as a policy response to public service corruption. In their view, such an approach often leads to a reduction in the efficiency and effectiveness of public programmes, and even creates opportunities for corruption. In response to such deficiencies, some argue that a compliance-based approach to public service malfeasance should be supplemented by a value-based approach with an emphasis on the development of internal selfcontrol of individuals, the promotion of trust among employees, and the promotion of a culture of responsibility. In this context, this researcher proposes that the promotion of an ethical culture could enhance the implementation of the PSACS. In this dissertation, this researcher set out to evaluate, among others, the ethical culture of the Department of Correctional Services (DCS). It was decided that a survey would be the most appropriate data collection method. A questionnaire was administered and the data was captured, analysed and interpreted. Various statistical tests were performed and the findings suggest inter alia that the promotion of an ethical culture coincides with lower levels of observed malfeasance. Consequently, when greater clarity of operational and ethics policies is obtained, an increase occurs in both the severity and frequency of penalties for malfeasance, and officials gain greater access to resources and time to execute their responsibilities, the level of observed malfeasance is likely to be reduced. The promotion of an ethical culture could significantly enhance the implementation of the PSACS. / Public Administration / D. Litt. et Phil. (Public Administration)

Thesis (MA)--Stellenbosch University, 2014 / ENGLISH ABSTRACT: Equatorial Guinea has, since the mid-1990s, been an oil-rich state. With the highest GDP per capita it should be a continental leader in terms of development. Instead, it ranks in one of the worst positions on the United Nations Development Programme’s (UNDP) Human Development Index (HDI). This study employs the theory of neopatrimonialism to explain why such a discrepancy in these development indicators is evident. As a result of examining the post-independence regimes in Equatorial Guinea through the theoretical lens of neo-patrimonialism it is possible to conclude that the country is afflicted by a governance curse, rather than the more narrowly defined ‘resource curse’ that has become the central explanation of the situation in the country since the discovery of oil favoured by the existing literature on the subject. Instead, this study highlights the fact that the neo-patrimonial nature of the regime in Equatorial Guinea has developed steadily over the years since independence was granted by Spain in 1968, and indeed, the seeds of this system were in fact evident during Spanish colonial control. Whilst the existing literature has focused on the role of oil in explaining the dire state that Equatorial Guinea finds itself in, this study argues that there are other central factors that need to be examined. These include: the Spanish colonial legacy that led the way for such a system to take root; the role of the first post-independence president, Macías Nguema (1968-1979) and; the regime of Obiang Nguema (1979- present). By looking at these factors in addition to the role of oil it is possible to conclude that the neo-patrimonial system in place in Equatorial Guinea has much deeper roots than the existing literature acknowledges. It is vital to examine these deeper roots in order to discover an understanding of and effective solution to the current situation. Moreover, through examining the central features and operations of the ‘predatory’ neo-patrimonial regime in Equatorial Guinea, most notably the profligate spending and evident capital flight, it is possible to acknowledge the international nature of the problem: a factor that has heretofore been neglected in the literature. A greater focus on this issue is necessary in order to understand why the regime is sustained and what prospects there can be for future regime change. The outcomes of the study suggest that a ‘predatory’ neo-patrimonial regime is the central explanation for how the political sphere operates in Equatorial Guinea. This means that there can be no distinction made between the central features of the state and the personal property of those that rule it. It is a classic, modern-day example of ‘L’État c’est moi’. As such, the Nguema family have since independence treated the state resources as their own private property to do with as they wish. This means that there has been no attention paid to the development of Equatorial Guinea as it is not in the interests of the ruling elites to do so. Instead, they utilise state resources for their own self-enrichment. Such behaviour accounts for why despite having the highest GDP per capita on the African continent, Equatorial Guinea has such a low rank in the UNDP Human Development Index. It can therefore be concluded that Equatorial Guinea is affected by a governance curse that has decimated the state since independence, rather than the popularised theory of a ‘resource curse’ which has been used in explanations since the discovery of oil in the mid-1990s. iii / AFRIKAANSE OPSOMMING: Ekwatoriaal-Guinee is reeds sedert die middel negentigerjare ’n olieryke staat. Met die hoogste BBP per capita behoort dit die leier op die vasteland te wees wat ontwikkeling betref. Dit beklee egter een van die laagste plekke op die menslike ontwikkelingsindeks (HDI) van die Verenigde Nasies se Ontwikkelingsprogram (UNDP). In hierdie studie is die teorie van neopatrimonialisme gebruik in ’n poging om die teenstrydigheid in hierdie ontwikkelingsaanwysers te verklaar. Op grond van ’n ondersoek van die regimes na onafhanklikheid in Ekwatoriaal- Guinee deur die teoretiese lens van neopatrimonialisme kan die gevolgtrekking gemaak word dat die land onder ’n regeringsvloek gebuk gaan, eerder as die eng gedefinieerde ‘hulpbronvloek’ wat die vernaamste verklaring geword het vir die situasie in die land sedert die ontdekking van olie, soos in die huidige literatuur oor die onderwerp aangevoer word. Hierdie studie beklemtoon hierteenoor die feit dat die neopatrimoniale aard van die regime in Ekwatoriaal-Guinee met verloop van tyd ontwikkel het sedert Spanje die land in 1968 onafhanklik verklaar het. Die sade van hierdie stelsel was inderwaarheid reeds sigbaar tydens Spaanse koloniale beheer. Waar die bestaande literatuur fokus op die rol van olie in die verklaring van die nypende toestand waarin Ekwatoriaal-Guinee verkeer, word in hierdie studie aangevoer dat ander kernfaktore ook ondersoek moet word. Dit sluit in die Spaanse koloniale erfenis wat die weg gebaan het vir die groei van so ’n stelsel; die rol van die eerste president na onafhanklikwording, Macias Nguema (1968–1979); en die regime van Obiang Nguema (1979 – tans). Deur hierdie faktore tesame met die rol van olie in oorweging te bring, kan die gevolgtrekking gemaak word dat die neopatrimoniale stelsel in Ekwatoriaal-Guinee veel dieper wortels het as wat in die bestaande literatuur erken word. Die ondersoek van hierdie dieper wortels is noodsaaklik ten einde begrip van en doeltreffende oplossings vir die huidige situasie te verkry. Deur die ondersoek van die kernfaktore en -bedrywighede van die ‘roofsugtige’ neopatrimoniale regime in Ekwatoriaal-Guinee, vernaamlik die roekelose verkwistinge en sigbare kapitaaluitvloei, is dit moontlik om die internasionale aard van die probleem te identifiseer – ’n faktor wat tot op hede in die literatuur nagelaat is. Groter fokus op hierdie kwessie is nodig ten einde te begryp waarom die regime volgehou word en watter vooruitsigte daar is vir toekomstige regimeverandering. Die uitkomste van hierdie studie doen aan die hand dat ’n ‘roofsugtige’ neopatrimoniale regime inderwaarheid die vernaamste verklaring is vir die werking van die politieke sfeer in Ekwatoriaal-Guinee. Dit beteken dat geen onderskeid getref kan word tussen die kerneienskappe van die staat en die persoonlike eiendom van diegene in bewind nie. Dit is ’n klassieke, hedendaagse voorbeeld van ‘L’Etat c’est moi’. As sodanig hanteer die Nguema-familie sedert onafhanklikwording die staat se hulpbronne as hul eie private eiendom wat hulle na willekeur aanwend. Dit beteken dat geen aandag gegee word aan die ontwikkeling van Ekwatoriaal-Guinee nie, aangesien dit nie in die belange van die heersende elite is om dit te doen nie, en hulle staatshulpbronne vir selfverryking gebruik. Sodanige gedrag verklaar die land se lae posisie op die UNDP se HDI. Die gevolgtrekking kan dus gemaak word dat Ekwatoriaal-Guinee onder ’n staatsvloek ly, wat die staat sedert onafhanklikwording afmaai, eerder as die gewilde teorie van ’n ‘hulpbronvloek’.

Submitted by Elba Lopes (elba.lopes@fecap.br) on 2017-08-15T20:21:00Z No. of bitstreams: 2 Adriana Cristina Pino Volejnik.pdf: 3552207 bytes, checksum: ce70bc720af6e42f000e13a805cc35e9 (MD5) license_rdf: 0 bytes, checksum: d41d8cd98f00b204e9800998ecf8427e (MD5) / Made available in DSpace on 2017-08-15T20:21:00Z (GMT). No. of bitstreams: 2 Adriana Cristina Pino Volejnik.pdf: 3552207 bytes, checksum: ce70bc720af6e42f000e13a805cc35e9 (MD5) license_rdf: 0 bytes, checksum: d41d8cd98f00b204e9800998ecf8427e (MD5) Previous issue date: 2017-01-26 / This is a study about how the legal evidence was organized within the criminal sphere, the reason behind it and how this forensic accounting report was added into the Court Case number 470 (AP 470/2007), the "Mensal??o". Structured on both qualitative research and the analysis of the case files (about 63.000 pages until the rulling) through a protocol based on Dempster's Evidence Theory. The data was structured, categorized and classified to allow not only for better identification of the main phases of the "Mensal??o" and of it's documentation, but also to identify characteristics on both technical evidence and forensic accounting report. Throughout the process, 215 pieces of technical evidence were found, of which 30 were mentioned at the rulling by Ministers of the Supreme Court, rapporteur and proofreader. Among these 30 where the 8 main reports made by the Brazillian Federal Police's accounting expert, reggarded as the most solid and complete documents on the AP 470/2007 case. The whole process estabilished the forensic accounting within the criminal sphere, seeing how it transformed financial transgression into something tangible. It estabilished the role of the accounting expert as an asset to solve both criminal and legal questions, as well reinforcing the importance of the forensic accounting as a powerfull tool in the battle against corruption. / Esta pesquisa investigou como foi organizado o conjunto probat??rio no ??mbito criminal, o prop??sito e a forma das provas periciais cont??beis juntadas ?? A????o Penal 470, o Caso Mensal??o. ?? uma pesquisa qualitativa e documental. Foi analisada a ??ntegra dos autos da A????o Penal 470 (cerca de 63.000 p??ginas, at?? a emiss??o do Ac??rd??o), com o uso de um protocolo de an??lise, apoiado na Teoria das Provas. O material foi sistematizado por meio de classifica????o e categoriza????o dos dados, o que permitiu identificar as principais fases do processo e pe??as processuais, as caracter??sticas das mat??rias t??cnico-cient??ficas e dos laudos periciais cont??beis. Foram localizadas 215 provas de natureza t??cnica. Dessas, 30 foram mencionadas no Ac??rd??o pelos Ministros do STF, Relator e Revisor, sendo 8 os Laudos periciais cont??beis estudados, produzidos por peritos cont??beis da Pol??cia Federal, por terem sido as provas cont??beis mais robustas da AP 470/2007. Foi constatada a utilidade da per??cia cont??bil no ??mbito criminal, na medida em que trouxe materialidade a crimes de natureza patrimonial financeira. Constatou-se como atuam os peritos oficiais para colaborar na resolu????o de quest??es legais, em atendimento ??s demandas do conjunto de operadores legais do Mensal??o. Busca-se contribuir para consolidar o entendimento sobre a import??ncia da per??cia cont??bil no combate ?? corrup????o.

The traditional model of initial training of judges in Spain and in other countries has been focused, and is still focused, on the mechanical digestion of a pile of stereotyped notions related to several legal subjects.This knowledge is presented with no references to specific legal disputes and does not meet at all, neither the profile of modern complex constitutional legal systems consisting of several levels, internally changing and conflicting; nor the practice of those systems. It does correspond, however, the historical model of the Napoleonic judge, who tends to act as a mechanical enforcer of the law and the longa manu of the real power rather than guardian of the citizens’ basic rights. The alternative to this kind of judicial training would be a system of training incorporating a high quality operative knowledge of the positive law actually in force, together with a theoretical-philosophical training in line with the suggestions made by Manuel Sacristán of «a level of exercise of thinking» based on the specific field and activity inherent to that group of legal practitioners. / El modelo tradicional de formación inicial de jueces para el desempeño del rol, en España, pero no solo, se ha cifrado y se cifra en la asimilación mecánica de todo un cúmulo de nociones estereotipadas relativas a las diversas disciplinas. Se trata de un bagaje que, por su carácter desproblematizador, no se ajusta en absoluto al perfil de los modernos ordenamientos constitucionales complejos, dotados de distintos niveles y, con frecuencia, internamente conflictivos y cambiantes; y menos a su práctica.Pero responde, en cambio, al histórico tipo de juez del modelo napoleónico, longa manu del poder en acto más que garante de derechos, tendencial aplicador mecánico. La alternativa a esta clase de formación estaría en otra que incorporase a un buen conocimiento operativo del derecho positivo en su ser actual y realmente vigente, una formación teórico-filosófica en la línea sugerida una vez por Manuel Sacristán, como «un nivel de ejercicio del pensamiento» a partir de y sobre el específico campo temático y de la actividad propia de tal clase de operadores.

The 2014 national general elections were characterised by a cloud of scandal hanging over the ANC, and the ANC president Jacob Zuma. The biggest and darkest cloud was the Nkandla scandal. Owing to a reported R246 million spent by the state to refurbish his private home, the president stood accused of wasteful expenditure and financial irregularity. In a country reeling from the continued effects of apartheid, which include high unemployment and poverty, the scandal was a bombshell. According to a vocal and often adversarial mainstream media sphere, the ANC went into those elections with an albatross around its neck. The dominant thought was that the ruling party would suffer a heavy loss of votes. This outcome did not materialise. The ANC lost a marginal share of its previous vote. Mainstream media and civil society were confounded. What had happened? Why had poor black South Africans continued to vote for a party that was obviously in breach of the constitutional order? Against the mismatch between what was predicted or purported and the outcome, this study investigates how young people in the township of Joza, Grahamstown, interpreted one of the biggest political scandals in South Africa’s fledgling democracy. Using a combination of subaltern studies, counter public sphere and audience study, the research looks into the interpretation of a mainstream media scandal that was supposed to diminish the chances of the ANC retaining power, but, instead, barely dented its majority. Through a combination of interviews and participant observation, the study found that young people in the township of Joza demonstrated that they chose to ignore the messages about the corruption of the ANC. The data suggests that they did so, not because of overt racial solidarity, but due to the fact that in a context of high inequality, and continued limitations on economic emancipation, the party shone brightly as a vehicle for economic development. Overall, the study argues that the seemingly dubious undertaking to continue with the ANC is a calculated decision that makes sense when viewed within a given socio-economic context.

The Eastern Cape Department of Education has become like a problem child in the Republic of South Africa. It is a cause for concern to both the provincial and national government. This is a department where service delivery is problematic. Schools are not built or renovated and children are taught in dilapidated structures or sometimes under trees. Hardly a week passes without the department making the headlines in the media for the wrong reasons. It is widely accepted that the department is dysfunctional and education is in a crisis. The department has emerged as the number one culprit of engaging in corrupt activities in the province. Public officials in the department have been identified as being at the helm of these corrupt activities. In the 200/10 financial year, the Auditor General issued a disclaimer to the department and highlighted a lack of direction, accountability and a total breakdown of internal control systems and supply chain management within the department. Numerous fraud risk indicators were identified during the audit and underlined by findings that are indicative of fraud and corruption within the department. This unfortunate state of affairs is contrary to the requirements of section 195(1) of the Constitution of the Republic of South Africa which provides for the democratic values and principles governing public administration including inter alia, that: A high standard of professional ethics must be promoted and maintained. Efficient, economic and effective use of resources must be promoted. Public administration must be accountable. This raises several questions about the ethical fitness of public officials in the department as the custodians of the public resources and trust. Though several reasons abound for this unfavourable state of affairs in the department, the researcher has singled out unethical conduct by public officials in the department and its impact on service delivery. The approach followed in this research was to analyse the 2009/10 Department of Education Annual Report and the 2009/10 Auditor General’s Report to the Eastern Cape Department of Education. The analysis confirmed the existence and occurrence of multiple cases of unethical conduct in the department. At the end scientific recommendations are proposed to alleviate this ill.

The research entailed an exploration of the reasons behind corruption and related offences in selected Gauteng police stations of the South African Police Service (SAPS). Corruption refers to the illegal and unlawful activities performed by police officials when they enrich themselves by taking money and other valuable property from offenders, victims and other people they come into contact with. The participants in this study were purposefully chosen and comprised of two groups. The first group included ex-police officials convicted and sentenced for committing corruption and related offences. The second group were active police officials suspected to have committed corruption and related crimes and some in this group were dismissed by disciplinary tribunals. The research was done at four of the police stations in Gauteng Province. There were 18 participants interviewed and nine were chosen from these police stations, with the remaining nine from two correctional facilities in Gauteng. The participants were asked an open-ended question which aimed at exploring convicted police officials’ reasons for having committed corruption. The interviews were recorded with the participants’ permission. The recorded data were transcribed verbatim and analysed. The five main themes that emerged are the high incidence of corruption involving all levels of police, multiple environmental factors which contribute to corruption, forms of corruption, dynamics resulting from corruption and anti-corruption mechanisms to prevent corruption. The themes were described using “in vivo” quotes from the transcribed data. To learn other trends about corruption, the nature and extent of corruption in the political, economic and the governmental sphere were discussed. In the summary of the research recommendations and conclusions were provided. A model has been identified which consists of preventative and reactive mechanisms, including selection, recruitment, the code of conduct, supportive leadership, supervision, mentoring and coaching, targeted inspections and auditing. Life style audits, disciplinary measures, dismissals and prosecution in these corruption case hearings also form part of the proposed model. / Corrections Management / D.Litt. et Phil. (Criminal Justice)

The South African Government in 2002 accepted the Public Service Anti-Corruption Strategy (PSACS) with the objective to reduce the manifestation of malfeasance in the public service. The PSACS identified various goals and objectives to be achieved at both the systemic and departmental levels. At the departmental level, the PSACS set out to increase the institutional capacity of departmental institutions, and encourage the management of risk and of discipline in the public service. Departments are required to establish the necessary capacity to formulate fraud prevention and anti-corruption policies, receive and manage allegations of corruption, and investigate allegations of corruption and detected risks at a preliminary level. To manage ethics departments should inter alia identify early signs of a lack of discipline, improve the accountability and capacity of managers to manage discipline, and encourage managers to act against transgressions. However, various authors have been critical of the formulation of policies and the establishment of structures as a policy response to public service corruption. In their view, such an approach often leads to a reduction in the efficiency and effectiveness of public programmes, and even creates opportunities for corruption. In response to such deficiencies, some argue that a compliance-based approach to public service malfeasance should be supplemented by a value-based approach with an emphasis on the development of internal selfcontrol of individuals, the promotion of trust among employees, and the promotion of a culture of responsibility. In this context, this researcher proposes that the promotion of an ethical culture could enhance the implementation of the PSACS. In this dissertation, this researcher set out to evaluate, among others, the ethical culture of the Department of Correctional Services (DCS). It was decided that a survey would be the most appropriate data collection method. A questionnaire was administered and the data was captured, analysed and interpreted. Various statistical tests were performed and the findings suggest inter alia that the promotion of an ethical culture coincides with lower levels of observed malfeasance. Consequently, when greater clarity of operational and ethics policies is obtained, an increase occurs in both the severity and frequency of penalties for malfeasance, and officials gain greater access to resources and time to execute their responsibilities, the level of observed malfeasance is likely to be reduced. The promotion of an ethical culture could significantly enhance the implementation of the PSACS. / Public Administration and Management / D. Litt. et Phil. (Public Administration)

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)

Observateur invétéré des réalités quotidiennes de son milieu natal, Seydou Badian a publié, en 1957, un roman intitulé Sous l’orage. Témoin oculaire des événements journaliers de son terroir natal, surtout ceux du milieu professionnel, Marcel Khombe Mangwanda a publié de son côté, en 2008, un ouvrage intitulé Le Porte-parole du président. Après une lecture méticuleuse des deux romans, on constate que ces deux écrivains africains ont examiné avec finesse, dans leurs productions littéraires respectives un thème commun, à savoir le conflit des générations. Qu’entendent-ils par conflit des générations? Comment conçoivent-ils et exploitent-ils ce thème dans ces romans? Quelles solutions proposent-ils aux vieux et aux jeunes d’une part, au pouvoir et au peuple d’autre part pour éradiquer le conflit qui demeure, en Afrique, non seulement un obstacle pour l’épanouissement de l’individu, mais aussi un frein pour le développement de leurs pays et de la société africaine? / Seydou Badian, inveterate observant of the daily realities of his native milieu published in 1957 a novel called Sous l’Orage. Marcel Khombe Mangwanda, eyewitness of his native terrirory daily events, mostly those of the professional milieu, on his side, published in 2008 a book called Le Porte-parole du président. After a careful reading of the two novels, we can notice that the two African writers have carefully scrutinized a common theme in their literary work, conflict of generations. What do they mean by conflict of generations? How do they understand and exploit this theme in their respective novels? Which solutions do they propose to old people and to the youths on one hand, to leaders on power and to the people on the other hand, to eradicate the conflict which is in Africa, not only an obstacle to individual blossoming, but also an obstruction for the development of the society, of the country and of the African continent? / Classics & World Languages / M.A. (French)