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Submitted in Accordance with the Requirements for the Degree of Doctor of Philosophy the University of Leeds the Candidate Confi COMBATTING CORRUPTION IN SOUTHERN AFRICA: AN EXAMINATION OF ANTI-CORRUPTION AGENCIES IN BOTSWANA, SOUTH AFRICA AND NAMIBIA By DAVID SEBUDUBLTDU Submitted in accordancewith the requirementsfor the Degree of Doctor of Philosophy The University of Leeds Institute for Politics and International Studies August 2002 The candidate confirms that the work submitted is his own and that appropriate credit has been given where referencehas beenmade to the work of others. This copy has been supplied on the understandingthat it is copyright material and that no quotation from the thesis may be published without proper acknowledgement. Acknowledgments I have always been consciousof my debts to a lot of people in writing this piece of work. I wish to expressmy sincere thanks to all those who played impoftant roles in producing this work. In particular, I am grateful to my supervisors, Dr. Morris Szeftel and Dr. Ray Bush for their professional and personal advice. This thesis would not have been possible without their constant encouragementand support. My thanks go also to the Institute for Politics and International Studies and Ms Caroline Wise for their support in many ways. I would also like to thank all those who cooperatedwith me during my fieldwork in Botswana,Namibia and South Africa; in particular, the Director of the Directorate on Corruption and Economic Crime (DCEC) in Botswana and his staff; the Ombudsman and her staff in Namibia; and in South Affica, The Public Protector and his Staff, The Director of the Investigating Directorate for SerousEconomic Offences (IDSEO) and his staff, and the head of the Special Investigating Unit and his staff. I am grateful for their support and assistance.I would also like to thank the University of Botswana for funding and supporting me throughout my study period. Finally, many thanks to my wife Kedi and daughter Rona for their constant support and encouragement,despite my. long absencefrom home. David Sebudubudu August, 2002 11 Abstract This thesis examines the work of anti-corruption agencies in Botswana, South Africa and Namibia. It argues that these agencieshave produced disappointing results in terms of investigating and prosecutinghigh-level corruption. It suggests five main reasons for this failure. First, anti-corruption agencies have suffered from a lack of resourcesresulting from lack of political support and the general problem of economic underdevelopment.Second, there is a lack of political will' to prosecute high-level corruption. Third, even if there was such a will, anti- corruption agencies, by their very. nature, are unable to affect the underlying political pressureswhich promote corruption and, therefore, their successesneed to be limited to individual cases.Fourth, the model on which such agencieshave been based is inappropriate to the African setting and assumesconditions that cannot be replicated in the subcontinent.And finally, these factors suggestthat the purposeof anti-corruption agenciesin Africa might possibly have more to do with reassuringinvestors and aid donors in an age of globalisation.than with actually attacking high-level corruption, an activity that would, after all, undermine the fragile political elites of these countries. The dissertation first evaluates the destructive character of corruption in Africa and attempts to control it through anti-corruption reform. It then proceeds to an analysis of the problem, and the agenciesset up to deal with it, in each of the three country cases.The dissertation concludes with a comparison of the effectiveness of the anti-corruption agencies in the three countries. III Table of Contents Acknowledgments .................................................................. Abstract .................................................................................. Table Contents of ...................................................................... List Illustrations of ................................................................... vii List Appendices of ................................................................... vii Abbreviations ........................................................................ viii Note ix about currency ................................................................. Chapter one: Introduction: combating corruption in Southern Affica The 6 nature of this study ......................................................... Cases 15 ............................................................................ Anti-corruption in Botswana,South Africa Namibia 17 agencies and --.. The 20 problems of research..................................................... Collection data 21 and sourcesof ............................................... Problems data 23 of collection .................................................. Organisation the thesis 24 of ..................................................... Chaptertwo: The problem of controlling corruption in Aftica The in Africa 30 context of corruption ........................................ The in Africa 34 roots of corruption ............................................ Clientelism, factions 43 and spoils politics ................................... Corruption in the three 55 and politics country cases ......................... Botswana 56 ................................................................... South Africa 58 ............................................................... Namibia 60 .................................................................... Conclusion 64 ..................................................................... iv Chapterthree: The anti-corruption strategy The in Aftica 67 rationale of reforrn ........................................... The democratic 70 general reform strategy ................................... Corruption liberalization 70 and economic .................................. Corruption democratisation 72 and political .............................. Corruption 76 and good governance....................................... The democratic 79 anti-corruption element of reform ....................... Creating 79 anti-corruption agencies ...................................... Legal institutional 82 and reforms ......................................... The influence the Hong Kong 88 of model ................................... The anti-corruption model: The Independent Commission Against Corruption (ICAC) in Hong Kong 89 ........................... Organization and structure the Hong Kong ICAC 90 of ........................................ The ICAC 91 powers of the ........................................ Anti-corruption in Aftica 95 agencies ......................................... Weaknessesof democraticreform and anti-corruption strategy......... 99 Conclusion 106 ..................................................................... Chapterfour: Corruption and its control in Botswana Corruption the in Botswana 108 and state ....................................... The in Botswana: how 116 nature of corruption serious a problem? ........ Before the DCEC: Three Presidential Commissions Inquiry 118 of ........ The DCEC 122 and corruption ................................................... Confronting the to 129 corruption: road reform ................................. The Directorate Corruption Economic Crime (DCEC) 131 on and ......... Organisation the DCEC 134 and staffing of .............................. Functions the DCEC 134 of ......................................... V Staffing 136 ............................................................ Budget 138 ............................................................. Powers thb DCEC 139 of ...................................................... The DCEC 143 problem of autonomy ....................................... Problems faced by the DCEC 146 Conclusion 149 ..................................................................... Chapterfive: Corruption and its control in South Africa Corruption in South Africa 153 and the state .................................. Anti-corruption in South Africa 181 agencies .................................. The Public Protector 182 .......................................................... The functions the Public Protector 183 and powers of ................... Independence the Public Protector 186 of .................................. IDSEO 188 .......................................................................... Functions IDSEO 189 and powers of ...................................... Independence IDSEO 190 of ................................................ The Heath Special Investigating Unit (SIU) I 191 ....................... ........ Functions Special Investigating Unit 192 and powers of a .............. Independence the Special Investigation Unit 194 of ..................... Problems faced by in South Africa 198 anti-corruption agencies ........... Conclusion 203 ..................................................................... Chapter six: Corruption and its control in Namibia Corruption the in Namibia 205 and state ........................................ The in Namibia 213 nature of corruption ....................................... The towards institutional in Namibia 222 process reforrn ................... The Ombudsman 228 ........... ................................................... vi Functions the Ombudsman 229 and powers of ............................. The independence the Ombudsman 233 of ................................. Problems fadedby the Ombudsman 235 ...................................
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