Corruption and Constitutionalism in Africa

ISBN : 9780198855590

Charles M. Fombad; Nico Steytler
560 Pages
176 x 245 mm
Pub date
Mar 2020
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  • Examines the problem of corruption in its diverse forms, providing a broad picture of the state of corruption in Africa
  • Assesses the anti-corruption measures that have been taken so far and the reasons these have been unsuccessful
  • Presents alternative solutions that may make for improved results

This collection of essays to focuses on the critical issue of corruption that lies at the heart of the crisis of constitutionalism in Africa. Most anti-corruption measures over the years have been inadequate, serving merely as symbolic gestures to give the impression something is being done. The African Union's declaration of 2018 as the 'African anti-corruption year', belated though it be, is an open recognition by African governments of the impact corruption will have on the continent unless urgent steps are taken.
The key objective of this volume is to draw attention to the problem of corruption, the complexity of the situation, with all its multi-faceted social, political, economic and legal dimensions, and the need for remedial action.


Introduction, Charles Manga Fombad and Nico Steytler
1.: Corruption and the Crisis in Constitutionalism in Africa, Charles Manga Fombad
2.: State Capture, Corruption, and Constitutionalism in South Africa, Francois Venter
3.: Social Grant Payments and Regulatory Responses to Corruption in South Africa, Jonathan Klaaren
4.: A Comparative Analysis of Corruption and Constitutionalism in the Muslim-Majority MENA States of Algeria, Morocco, and Egypt, Sherif Elgebeily
5.: Constitutional Design and Anti-Corruption Reform in Nigeria: Problems and Prospects, Rotimi T Suberu
6.: The Rise of Corruption in Ethiopia: Is a Lack of Constitutionalism to Blame?, Zemelak Ayele
7.: Fighting Public-Sector Corruption in Ghana: Reconciling Rhetoric and Reality, Kwame Frimpong and Kwaku Agyeman-budu
8.: A Hollow Commitment? Constitutional Promises and Anti-Corruption Efforts in Malawi, Mwiza Jo Nkhata
9.: Endemic Corruption in Zimbabwe: Why Are Anti-Corruption Agencies Ineffective?, Tinashe Chigwata
10.: The Impact of Endemic Corruption on Constitutionalism and Peace-Building in Somalia, Ibrahim Harun
11.: Corruption in the Democratic Republic of the Congo and its Impact on Constitutionalism and Respect for the Rule of Law, Balingene Kahombo
12.: Ensuring Constitutionalism by Using the Non-Conviction-Based Assets-Recovery Mechanism in the Fight Against Corruption: Lessons from South Africa and Kenya, Ken Obura
13.: Economic Transitional Justice in Tunisia: Turning a New Anti-Corruption Leaf in Africa?, Xavier Philippe
14.: PEPS, Corruption and the Use and Abuse of the Constitutional Power of Pardon: A Comparative Perspective, John Hatchard
15.: The 'Financial Constitution' and the Prevention and Combating of Corruption: A Comparative Study of Nigeria, South Africa, and Kenya, Nico Steytler
16.: The Cameroonian Special Criminal Court: The Futility of Combating Corruption When the Basics of Constitutionalism are Absent, Serges Djoyou Kamga and Charles Manga Fombad
17.: The African Union Anti-Corruption Regime: Enhancing the Potential Impact of the Advisory Board on Corruption, Adem Kassie Abebe
Conclusion: Towards Understanding and Combating the Crime of Corruption in Africa, Nico Steytler

About the author: 

Edited by Charles M. Fombad, Professor of Law, Institute for International and Comparative Law in Africa, Faculty of Law, University of Pretoria, and Nico Steytler, South African Research Chair in Multi-level Government, Law and Policy, University of the Western Cape
Charles M. Fombad is Professor of Law and head of the African Comparative Constitutional Law Unit of the Institute for International and Comparative Law in Africa (ICLA), based at the Faculty of Law of the University of Pretoriaz

Nico Steytler is South African Research Chair in Multi-level Government, Law and Policy, at the University of the Western Cape.
Adem Kassie Abebe
Kwaku Agyeman-budu
Zemelak Ayele
Tinashe Chigwata
Sherif Elgebeily
Charles Manga Fombad
Kwame Frimpong
Ibrahim Harun
John Hatchard
Balingene Kahombo
Serges Djoyou Kamga
Jonathan Klaaren
Mwiza Jo Nkhata
Ken Obura
Xavier Philippe
Nico Steytler
Rotimi T Suberu
Francois Vente

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