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Corruption risk analysis in Southern Africa
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Introduction
Corruption is illegal everywhere in Africa, but still deeply woven into the fabric of every day life. Corruption in Africa causes and deepens poverty and its impact is felt most by the poor.
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To assess the situation at the national level, Transparency International (TI) undertook National Integrity System (NIS) country studies in seven Southern African countries: Botswana, Democratic Republic of Congo, Mauritius, Mozambique, Swaziland, Zambia and Zimbabwe. Transparency International’s concept of the National Integrity System (NIS) consists |
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of the key institutions, laws and practices that contribute to integrity, transparency and accountability in a society. |
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Key regional trends are summarised in a regional overview study. It is based upon the NIS country studies and other sources, such as media or research materials, particularly those published since the country studies were completed. The report specifically highlights areas of regional concern and particular regional frameworks for cooperation, such as the African Union Convention on Preventing and Combating Corruption, the Southern Africa Development Community and the African Development Bank, and their relevance to the NIS in the region.
The cost of corruption in Africa
Corruption in Africa is costing the continent nearly US $150 billion a year, according to the African Union (AU).
Corruption creates barriers to democracy, hinders access to services, increases the cost of goods by as much as 20 percent, deters investment and holds back development. The African Union (AU) also estimates that resources diverted by corrupt acts and resources withheld or deterred due to the existence of corruption, are thought to represent as much as 25 percent of the continent’s total Gross Domestic Product (GDP).
Research findings by the African Development Bank indicate that corruption leads to a loss of approximately 50 percent of tax revenue, which in some instances is a greater amount than a country's total foreign debt.
What is more, the impact of corruption is felt most by the poor. Lower income households spend an average 2-3 percent of their income on bribes, while rich households spend considerably less: an average of 0.9 percent of their income.
What is a National Integrity System study?
Transparency International’s concept of the National Integrity System (NIS) consists of the key institutions, laws and practices that contribute to integrity, transparency and accountability in a society. This approach provides a framework to analyse the extent and causes of corruption in a given national context, as well as the adequacy and effectiveness of national anti-corruption efforts.
To best assess the national and regional situation in Southern Africa, TI has undertaken NIS studies in seven countries: Botswana, Democratic Republic of Congo (DRC), Mauritius, Mozambique, Swaziland, Zambia and Zimbabwe.
The NIS study examines the key institutions, sectors or specific activities – the ‘pillars’ – contributing to integrity. By diagnosing strengths and weaknesses, the NIS can provide recommendations and shape priorities for anti-corruption reform efforts. When it functions properly, the NIS combats corruption as part of the larger struggle against abuse of power, malfeasance, and misappropriation in all its forms. The NIS is generally considered to comprise the following pillars:
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Country studies are based on the NIS concept. The purpose of each country study is to assess the National Integrity System, in theory – legal and regulatory provisions - and practice – how well it works. Through these studies, TI aims to provide an overview of the National Integrity Systems in countries from all regions of the world.
The NIS studies provide benchmarks for areas requiring priority action. They also form the basis from which stakeholders may assess existing anti-corruption initiatives. NIS country studies help explain, which pillars have been more successful and why, whether they are mutually supportive and what factors support or inhibit their effectiveness. Country studies also assess priority issues for improving the system and what factors are required to support the overall development of the NIS.
In terms of cross-country comparison, the country studies create a strong empirical basis that adds to our understanding of strong or weak performers. Within regions, where several countries may function with similar economic, political or social frameworks, the results of the study can create a sense of peer pressure for reform as well as an opportunity for learning from those countries that are in similar stages of development.
For more and information on other regions, please see: www.transparency.org/policy_research/nis
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Trends of corruption in Southern Africa: a regional overview
Between August and October 2007, an overview study was undertaken on Southern Africa National Integrity Systems. It includes Botswana, DR Congo, Mauritius, Mozambique, Swaziland, Zambia and Zimbabwe. The study was coordinated by TI Zimbabwe and brought together the national chapters or anti-corruption partners in the respective countries and researchers to undertake the analysis.
Four underlying trends can be identified:
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Legislation is not sufficient |
The study recognises that although new anti-corruption legislation has been introduced, it is not sufficient for tackling corruption. In general in the region, implementation is slow and resources are limited. Many countries have already introduced new norms of conduct, rights and duties for top public leaders. However, the corresponding regulations, necessary for the law to take effect, were not approved until much later.
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Political corruption is on the rise |
Multi-party democracy has opened new opportunities for political corruption, but the pressure for political finance regulation has also grown. All the countries included in the study have experienced some degree of transition towards multi-party politics. There is a link between increasing political competition in the region and political corruption. As awareness of this link has increased, so has demand for improved regulation of political financing.
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Corrupt judiciary blocks anti-corruption efforts |
Weak, politicised and corrupt judiciaries block anti-corruption efforts. Across most of the Southern African region, the judiciary is undermined by executive influence and bribery. Changing political and economic circumstances have undermined some judiciaries, notably in Zimbabwe and the DRC. In Mozambique, the judiciary is considered the weakest pillar in the NIS.
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Low accountability for public resources |
Though public procurement reforms are underway, accountability for public resources remains limited. In recent years, many new laws or regulations have been introduced to reform procurement boards and procedures yet political interests represent a powerful barrier to effective reform. For example, several countries have set up independent tender boards as a way to reduce conflicts of interest and improve the separation of powers in procurement through better organisation. However, to be effective, such boards need true independence and effective integrity rules for members and staff.
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Political commitment, adequate resources, technical skills, legal frameworks and, increasingly, action across borders are required to tackle corruption effectively. |
The studies by country:
Botswana
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In Botswana, the country’s development budget is channelled through the Public Procurement and Asset Disposal Board (PPADB). Many of its decisions have been constitutionally challenged in court for lack of transparency, with some being set aside. Rules exist for regulating the conduct of public service and for promoting integrity, transparency and accountability. However, accountability and integrity are often violated. The Ombudsperson is constrained by limited financial resources, in-experienced managers and investigation officers, as well as limited powers to enforce compliance. |
The anti-corruption Agency lacks independence and has so far failed to monitor political financing.
The absence of an access to official information law seriously impedes the role of the media and it is not immune to political influence.
Democratic Republic of Congo
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Like in Zimbabwe, corruption in the Democratic Republic of Congo (DRC), appears to be an integrated part of daily life. Even though the knowledge of the situation gathered through the National Integrity System study is no guarantee of success, the Organisation for Economic Cooperation and Development Development Assistance Committee (OECD-DAC) states: ‘understanding the systems, and the conditions that generate high corruption risks, makes it simpler to identify more effective entry points and ways of working with domestic reform coalitions.’ |
Mauritius
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In Mauritius, limits on campaign spending are out of sync with current political financing realities. This encourages electoral candidates to lie about spending when they make their official declarations. Since 2004, a Select Committee has analysed the costs required in a modern electoral campaign and proposed new limits. Since 2005, the business community has also taken the initiative to make campaign donations by cheque rather than in kind, and their code of ethics now requires them to publish the total of their donations to political parties. |
Mozambique
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While the introduction of the Anti-Corruption Act was regarded as a milestone in the anti-corruption movement in Mozambique, increasing concern remains over the lack of investigative authority of the Central Office for the Fight against Corruption (GCCC). Its limited authority and the ineffective nature of whistleblowing mechanisms, raise doubt over the applicability and efficiency of the Act. There are no codes of conduct for public institutions. The law does not allow any public official to report acts of corruption against their counterparts and members of the public cannot request audits and inspections of public institutions. |
The whistleblowing framework is also weak, while public and conflict of interest rules to prevent high-ranking public officials from enjoying ill-gotten financial gains related to their duties during and after their time of employment need to be improved.
The Declaration of Assets Act requires high-ranking officials to register their assets but the declarations are made against the Constitutional Council which does not have legal powers to monitor and investigate issues of illegal enrichment.
Swaziland
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Some of the findings in Swaziland show that the impact of traditional culture on the socio-economic and political landscape is legendary. It permeates all facets of life. For example, nepotism, and its associated ills, is not necessarily considered untoward, considering the fact that, with a relatively small population of just over one million, there is a network of consanguine and affinity relations that compel loyalty to family that any bureaucratic system of governance often can accommodate. Traditional authority permeates every pillar, sector and section of Swazi society. Addressing traditional authority and culture is therefore fundamental in ensuring integrity and in the prevention of corruption. |
Zambia
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In Zambia, the 1994 Parliamentary and Ministerial Code of Conduct required asset declarations by the president and ministers, but no monitoring of these declarations is required. The lack of properly trained procurement personnel is also a major shortcoming in the public contracting system. |
Zimbabwe
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In Zimbabwe it is clear that for many, corruption has become a strategy of survival. The report notes that the environment in which the various pillars of the Zimbabwe NIS are expected to operate is highly challenged. The economic context is fertile ground for criminal activities as part of the survival strategies by individuals and corporate bodies. The bottom line, under such circumstances, is that attempts to develop and strengthen various integrity mechanisms are likely to meet with unusually harsh obstacles which cannot be easily overcome through legal and institutional interventions. |
Out of the seven African countries considered here, four scored below 3.0 on the 2007 TI Corruption Perceptions Index (CPI), indicating that corruption is perceived as rampant. Two of the countries scored between 3.0 and 5.0, showing that corruption is perceived as a serious challenge, and only Botswana scored above 5.0.
Download all National Integrity System country reports
TI Zimbabwe
TI Zimbabwe is a national chapter in the Transparency International movement. It was established in 1996 to strengthen public support and understanding for anti-corruption programmes and to enhance public transparency and accountability. TI Zimbabwe works by encouraging all parties in business transactions to operate at the highest level of integrity, especially in the administration of public procurement. More about the chapter on their website: www.kubatana.net/tiz
The chapter acted as the sub-regional desk for the series of NIS studies in five countries in the Southern Africa Development Community region, including: Botswana, Mozambique, Swaziland, Zambia and Zimbabwe. This NIS project was sponsored by the European Investment Bank and USAID.
The participating countries nominated TI Zimbabwe to coordinate the study owing to its experience in research and advocacy. The launch of the studies by TI Zimbabwe in Harare highlighted the findings and generally drew attention to issues of anti-corruption and transparency.
In conjunction with the research done to complete the studies, advocacy training has been undertaken for chapters and partners in the project to empower chapters and partner organisations to use the findings of the studies to call for change in certain areas. The next step is for chapters and partners to plan how the NIS study will figure in their future national strategies and follow-up activities.
News coverage
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Interview Barrister Akere Muna, President, Pan African Lawyers Union (PALU), Vice-Chairperson, Transparency International
Pan African Visions, 09 December 2007
Selected links
- African Development Bank
- African Union (AU)
- AU Convention on Preventing and Combating Corruption
- European Investment Bank
- Southern Africa Development Community
- TI National Integrity System studies
- TI's work on anti-corruption conventions
- USAID
Acknowledgement
Transparency International would like to thank the European Investment Bank and USAID for supporting these National Integrity Systems Studies.
Media contact:
Gypsy Guillén Kaiser
Tel. +49 30 343820662
ggkaiser@transparency.org
For more information please contact:
Job Ogonda
+49-30-34 38 20-21
jogonda@transparency.org
