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Critical Legal Perspective Of International Anticorruption Laws For Tackling Corruption In South Africa

Author

Listed:
  • 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)

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.

Suggested Citation

  • Lesotho Safara & Kola O. Odeku, 2021. "Critical Legal Perspective Of International Anticorruption Laws For Tackling Corruption In South Africa," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 10(1), pages 203-216, March.
  • Handle: RePEc:sja:journl:v:10:y:2021:i:1:p:203-216
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    Cited by:

    1. ENWEREJI, Prince Chukwuneme, 2022. "Enhancing Financial Accountability In South African Local Municipalities: A Consequence Management Viewpoint," Studii Financiare (Financial Studies), Centre of Financial and Monetary Research "Victor Slavescu", vol. 26(4), pages 19-47, December.

    More about this item

    Keywords

    malfeasance; maladministration; public officials; international law; public sector; accountability;
    All these keywords.

    JEL classification:

    • K30 - Law and Economics - - Other Substantive Areas of Law - - - General
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
    • K38 - Law and Economics - - Other Substantive Areas of Law - - - Human Rights Law; Gender Law; Animal Rights Law

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