CRITICAL LEGAL PERSPECTIVE OF INTERNATIONAL ANTICORRUPTION LAWS FOR TACKLING CORRUPTION IN SOUTH AFRICA

Lesotho Safara () and Kola O. Odeku ()
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Lesotho Safara: Faculty of Management and Law, School of Law, Department of Public and Environmental Law, University of Limpopo, South Africa
Kola O. Odeku: Faculty of Management and Law, School of Law, Department of Public and Environmental Law, University of Limpopo, South Africa

Perspectives of Law and Public Administration, 2021, vol. 10, issue 1, 203-216

Abstract: Undoubtedly, corruption is endemic in South Africa and it is ravaging all spheres of government, sectors of the economy, and the society at large. The news of corruption is aired frequently in the media showing suspects and trials of accused persons. Public officials, elected and unelected politicians and private sector managers and executives have been suspected, accused, or tried for corruption. Corruption is affecting both private and public sectors in South Africa. The core problem is that public officials saddled with providing and rendering quality basic services engage in endemic corruption and as such, good governance, accountability and transparency are held hostage by corruption. Corruption, which is promoted by maladministration cripples the rule of law in South Africa. While there have been many works on the implementation of domestic anti-corruption laws to root out corruption, there is a paucity of research work on how to invoke and use international anti-corruption laws and instruments that have been duly ratified by South Africa to root out corruption. Methodologically, this paper utilises a literature review approach of international and national sources to reveal various corrupt and maladministration activities, highlight and discuss pieces of transformative interventions that have been introduced by the government to root out and tackle corruption. It also showcases case laws that have been decided that punished corrupt officials. The paper found that there should be concerted and deliberate efforts by all role players and stakeholders in the government, private sector and the society at large to ensure that corruption legislation and in particular, international anti-corruption laws and instruments are effectively and efficiently implemented for purposes of tackling corruption.

Keywords: malfeasance; maladministration; public officials; international law; public sector; accountability (search for similar items in EconPapers)
JEL-codes: K30 K33 K38 (search for similar items in EconPapers)
Date: 2021
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Citations: View citations in EconPapers (1)

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