Investigating, prosecuting and punishing corruption in Commonwealth East and Southern African countries. Issue 3 (3rd July 2019)

• Record Type: Journal Article
• Authors: Mujuzi, Jamil Ddamulira
• Is Part Of: Commonwealth law bulletin. Volume 45:Issue 3(2019)
• Page Start: 477
• Page End: 525
• Publication Date: 2019-07-03
• Subjects: Law -- Commonwealth countries -- Periodicals; 349.11241
• DOI: 10.1080/03050718.2020.1729216
• Languages: English
• ISSNs: 0305-0718

Abstract

Abstract : Corruption remains a challenge in all East and Southern African (Southern African Development Community) countries. In order to combat it, these countries have put in place different measures. These have included the ratification of international, regional and sub-regional anti-corruption treaties. These treaties include the United Nations Convention against Corruption, the African Union Convention on Preventing and Combating Corruption, and the SADC Protocol against Corruption (for the SADC countries). Many of these countries have also enacted anti-corruption legislation to give effect to their international obligations. In this article, the author evaluates these pieces of legislation to determine how these countries have dealt with the investigation, prosecution and punishment of corruption. In particular, the author focuses on the following issues: the agencies responsible for prosecuting and/or investigating of corruption and their powers and challenges faced; persons who may be prosecuted and punished for corruption; sentencing and punishing those convicted of corruption; punishing juristic/legal persons for corruption; purposes of prosecution and punishment in cases of corruption; and the use of previous convictions in sentencing. These areas have been focused on because they show how legislation is being implemented in practice. Where challenges are identified in implementing these pieces of legislation, the author suggests ways in which those challenges could be overcome.