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The Civil Law Consequences of Corruption Under South African Law

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Release : 2016
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Book Synopsis The Civil Law Consequences of Corruption Under South African Law by : Tjakie Naude

Download or read book The Civil Law Consequences of Corruption Under South African Law written by Tjakie Naude. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: South Africa has a fairly robust legislative framework to tackle corruption and is also party to several international conventions against corruption. The common law of contract regards the bribe agreement as void and the main agreement procured by corruption as voidable due to improperly obtained consensus. Whilst the bribe-giver would in principle not be entitled to claim restitution of the bribe, the rules on restitution are flexible and aimed at equitable outcomes. There are still some questions on the common law of contract and delict relating to bribery which would benefit from guidance by the courts, including in relation to restitution in respect of the main agreement. Public procurement contracts procured by corruption are likely to be challenged under administrative law. Legislation requires that contracting authorities cancel such contracts. Unsuccessful tenderers have locus standi to challenge procurement tender awards, i.a. on the basis of corruption. They as well as parties involved in contracts may claim damages on several different bases if fraud or corruption can be proved. There is a perception that corruption is endemic in public procurement tender processes and that enforcement of anti-corruption legislation should be improved. It is to be hoped that the current review of the public procurement legislation would lead to less complicated and clearer legislation, as the current regulatory framework is overly complicated and difficult to police. Corruption must be addressed on various fronts, including through concerted information campaigns emphasising the deleterious effects of corruption. Full paper available on request from author.

The Civil Law Consequences of Corruption

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Release : 2009
Genre : Bribery
Kind : eBook
Book Rating : 964/5 ( reviews)

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Book Synopsis The Civil Law Consequences of Corruption by : Olaf Meyer

Download or read book The Civil Law Consequences of Corruption written by Olaf Meyer. This book was released on 2009. Available in PDF, EPUB and Kindle. Book excerpt: Until now, the fight against corruption was regarded as a criminal law problem. This volume, on the other hand, focuses on the victims' rights to hold perpetrators of corrupt acts to account under civil law. Its contributions provide an overview of the legal situation in the US and several European states, as well as an examination of legal arbitration. Furthermore, representatives of international organizations express their views. The book centers on the enforceability of corrupt contracts, the skimming-off of illegal profits, and the right to damages.

The Impact of Corruption on International Commercial Contracts

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Release : 2015-08-29
Genre : Law
Kind : eBook
Book Rating : 547/5 ( reviews)

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Book Synopsis The Impact of Corruption on International Commercial Contracts by : Michael Joachim Bonell

Download or read book The Impact of Corruption on International Commercial Contracts written by Michael Joachim Bonell. This book was released on 2015-08-29. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a “bribe merchant”), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.

Corruption and Human Rights Law in Africa

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Release : 2014-12-01
Genre : Law
Kind : eBook
Book Rating : 528/5 ( reviews)

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Book Synopsis Corruption and Human Rights Law in Africa by : Kolawole Olaniyan

Download or read book Corruption and Human Rights Law in Africa written by Kolawole Olaniyan. This book was released on 2014-12-01. Available in PDF, EPUB and Kindle. Book excerpt: This important new book provides a framework for complementarity between promoting and protecting human rights and combating corruption. The book makes three major points regarding the relationship between corruption and human rights law. First, corruption per se is a human rights violation, insofar as it interferes with the right of the people to dispose of their natural wealth and resources and thereby increases poverty and frustrates socio-economic development. Second, corruption leads to a multitude of human rights violations. Third, the book demonstrates that human rights mechanisms have the capacity to provide more effective remedies to victims of corruption than can other criminal and civil legal mechanisms. The book takes up one of the pervasive problems of governance--large-scale corruption--to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. It examines three major aspects of human rights in practice--the importance of governing structures in the implementation and enjoyment of human rights, the relationship between corruption, poverty and underdevelopment, and the threat that systemic poverty poses to the entire human rights edifice. The book is a very significant contribution to the literature on good governance, human rights and the rule of law in Africa. Endorsements "Kolawole Olaniyan has taken up one of the pervasive problems of governance - large-scale corruption - to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. His focus is Africa, but the valuable lessons he teaches in this comprehensive study can resonate throughout the world. The result is a comprehensive and holistic legal framework for addressing some of the root causes of human rights violations and poverty, not only in Africa, but wherever corruption exists." Dinah Shelton Manatt/Ahn Professor of International Law (emeritus) The George Washington University Law School "This book demonstrates the author's mastery of complex jurisprudential and theoretical discourses. His review of the existing literature is extensive, the doctrinal analysis rigorous and the treatment of the subject innovative. Dr. Olaniyan's willingness to introduce fresh eyes to the ways in which doctrine contributes to an understanding of seemingly mundane problems lays the foundation for fertile trajectories from which future scholars can launch exciting inquiries on the relationship between corruption and human rights. Overall, this book makes an important and valuable contribution to the growth and understanding of the corruption/human rights discourse as it is presently constructed." Ndiva Kofele-Kale, University Distinguished Professor of Law, SMU Dedman School of Law, Dallas, USA.

Corruption in Africa

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Release : 2005-01-10
Genre : Political Science
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Book Rating : 578/5 ( reviews)

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Book Synopsis Corruption in Africa by : Peter Anassi

Download or read book Corruption in Africa written by Peter Anassi. This book was released on 2005-01-10. Available in PDF, EPUB and Kindle. Book excerpt: Corruption, as a social science, has been mystified and even ignored for many generations. Not many people would like to talk about this subject, openly and transparently. Now, it is becoming a subject of great concern, not only in the developing nations but also in the developed world. The subject has impacted so negatively in our social, economic and political life, that we can no longer keep quiet about it. Corruption is eroding the moral values of many nations and consigning many people to perpetual poverty and deprivation. To me this is a subject that is becoming more important and critical than even civics and geography in schools. It is a subject that touches and affects the morality of nations. I have a passionate concern, that, if we in Africa want to make Africa a better place to live in, then we must address this subject with the seriousness it deserves. Like any other social science, this subject should be introduced in our schools, and colleges, so that our young people, could be made acutely aware of the evils of this vice, and how it could be eradicated from our society. If this is done, our future generations will live in a much better society than we are today. There should also be programmes in place, organized by the civil society, and other agencies to educate the masses about the consequences of corruption in society. I do, however, appreciate that without available materials, my propositions could not be feasible. This book therefore, is intended to form a good source of Civic Education Material into Corruption in Africa and more specifically, in Kenya. The book has been written with those educational objectives, specifically in mind. It is the intention of this book to show that corruption poses a serious challenge in terms of the economic, political and social development in the AfricanContinent. Corruption undermines democratic institutions and good governance in the political landscape. It reduces accountability and negates representation and policymaking in the electoral process. It abrogates the rule of law in the judiciary. Corruption also encourages nepotism resulting into unequal provision of resources to the population in the public sector. The book further endeavours to show, that corruption undermines the legitimacy of government, and such democratic values as human rights, respect for therule of law, trust and tolerance. Corruption also does undermine economic development by advancing narrow and selfish economic policies and incompetence, in the delivery of services to the people. This book seeks to analyze, how corruption in public institutions, has squandered the national wealth, and impoverished the people. There is also a critical analysis on bureaucratic corruption, and how the public officers achieve their objectives, by diverting public investment away from social and people friendly projects, such as poverty reduction, education, health and housing, into capital projects, simply to attract bribes for individual benefits. The book examines institutional corruption in various departments of government, including the Police, Judiciary, Public Works, Immigration, Revenue Authority, Lands, Local Government and many other public institutions. The book also examines corruption in the public and private sectors, including public corporations, political banks, educational institutions and how the general public, have also contributed to the vice. The book further, examines corruption in other African countries, and makes, useful comparisons. It goes on to deal with measures that are being put in place, both in Kenya, and other African countries to fight corruption nationally, and internationally. The Anti-Corruption and Economic Crimes Act, and the Public Servants Ethics Act that the Kenya Government, has put in place are discussed in some detail. The role of civil society and other organizations like Transparency International, and the media in the fight against corruption are discussed. The international financial institutions, and how they have put in place mechanisms, which include economic, social and political prescriptions to developing countries, in the fight against corruption, are discussed. The book observes, that in Kenya, the General, Parliamentary, Civic and Presidential elections have just been concluded in December 2002. The elections were successful, and the people of Kenya elected what a majority of Kenyans perceive as a peoples' democratic government. The new government has therefore, the peoples' mandate to fight corruption and it has shown the willingness and the capacity to deal with the vice. This book is therefore intended to expose the true nature of the vice, how it has impoverished the Kenyan people, and how it could be eradicated. The book is also intended to show how corruption has slowed down the overall development in Africa in general. The study that was carried out in Kenya does indeed reflect the kind of problems faced by many other countries in Africa in the fight against corruption. As we examined the institutional corruption in various organizations in Kenya, similar levels of corruption were found in the same institutions in other African countries. Kenya is therefore simply a case study of what you would find, with little exception, in most African countries. For example the police corruption in Kenya had great similarities to what we found in South Africa, and Zimbabwe. The institutional corruption, found in various government departments in Kenya, was comparable, with most other African countries. Corruption found in projects funded by international organizations cut across many African countries. The corruption bug has given Africa and Kenya in particular a bad name. Everything must be done to minimize and finally eradicate corruption from the African continent. The developed World must support the efforts being made by Africa to end graft, by ensuring that they too, do not abet or participate in the vice. THE AUTHOR

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