The world urgently needs an international anti-corruption court:
Transparency International’s 2023 Corruption Perception Index (CPI) released last week paints a chilling portrait: corruption flourishes where justice systems crumble, empowered by a toxic mix of weak institutions and powerful figures who manipulate the law for their own gain. This isn’t limited to authoritarian regimes; democratic leaders are increasingly complicit in undermining justice, leading to a global epidemic of impunity.
Bribery, abuse of power and the capture of entire justice systems by the wealthy and powerful are becoming commonplace. The consequences are devastating, with vulnerable populations denied access to justice while the rich and powerful skate free. This erosion of accountability creates a fertile ground for corruption to flourish, further weakening the very institutions meant to uphold the rule of law.
Africa, in particular, faces a daunting challenge. Although a few countries show signs of progress, the continent remains the most corrupt region globally. The 2023 CPI, focusing on the past decade, serves as a stark reminder: business as usual cannot continue. We must act now to strengthen justice systems and hold all accountable, regardless of their position or power.
Across the continent, the spectre of corruption looms large, its tentacles suffocating progress and justice. Weak judiciaries, unable to hold powerful figures accountable, become breeding grounds for exemption from punishment. Mozambique’s former finance minister, Manuel Chang, entangled in the “tuna bond” scandal, is still awaiting trial in the United States. Questions linger about a fair trial if he returned home. In Angola, billionaire Isabel dos Santos, accused of embezzlement, remains a fugitive despite Interpol’s pursuit. In Zimbabwe, “catch and release” for corrupt officials has become a grim routine, investigations yielding little more than public disillusionment.
South Africa’s Zondo commission of inquiry exposes the Gupta family’s state capture, yet extradition efforts remain futile. Malawi grapples with the fallout of corruption scandals, its citizens’ trust eroded. The Democratic Republic of the Congo’s “Congo Hold-up” lays bare massive plunder, but accountability remains a distant dream. In Nigeria, unresolved political corruption cases reign supreme, a testament to impunity’s stranglehold.
The case between Equatorial Guinea and France at the International Court of Justice highlights the complexities of navigating the existing international legal systems.
While space and time limit further exploration, the presented examples paint a chilling truth: domestic courts, often influenced by the very power structures plagued by corruption, fail to deliver justice. We urgently need alternative solutions.
Regional and sub-regional courts offer possibilities. But, the Southern African Development Community Tribunal‘s fate, silenced when it dared to challenge political decisions, serves as a stark reminder of their limitations. Similarly, the African Court on Human and People’s Rights, although mandated to handle corruption, lacks the political will for enforcement, with few African countries ratifying the necessary protocol.
A third, potentially promising option is an International Anti-Corruption Court (IACC). Yet, African leaders, still harbouring anxieties from the International Criminal Court, hesitate to offer their support. Opponents might cite national sovereignty concerns, but let’s not forget the sovereignty of the people, robbed of their resources and denied justice. The IACC can complement, not replace, national efforts, upholding the rule of law and fostering international asset recovery.
The time for hesitation is over. The human cost of inaction is immense. Let’s unite behind an IACC, sending a clear message: corruption has no safe haven, and justice knows no borders.
Prosper S Maguchu is an assistant professor of law specialising in financial crimes and international asset recovery from a human rights based approach.
Zimbabwe: Nelson Chamisa’s exit from his party is more than just a resignation:
ANALYSIS
When Nelson Chamisa emerged as Zimbabwe’s main opposition leader after the demise of Morgan Tsvangirai, his youthful charisma helped secure a creditable performance in the
2018 and 2023 elections.
But the old guard who formed the Movement for Democratic Change (MDC) with Tsvangirai in 1999 felt disrespected, believing in an age-based hierarchy. It didn’t help that Chamisa’s succession did not follow due process, and he fell out with Tsvangirai’s deputy, Thokozani Khuphe.
Further splits in the MDC, and a vicious battle for the party’s name and funds, led to Chamisa creating the Citizens Coalition for Change (CCC) in 2022.
Fearing infiltration, he abandoned traditional party structures, instead building a “people’s movement” under his leadership. But by concentrating power on himself and lieutenants such as Fadzayi Mahere, Amos Chibaya and Gift Siziba, Chamisa made it more difficult to
rebuild relations with established figures like Tendai Biti and Welshman Ncube.
The absence of clear party structures also left CCC vulnerable to confusion
about who was in charge.
This became painfully clear when Sengezo Tshabangu — a shadowy figure claiming to be a founding MDC member — announced he was the CCC secretary general, then targeted elected CCC MPs and councillors, “recalling” them on the spurious claim their nominations hadn’t followed procedure.
Tshabangu is believed to be working for the Zanu-PF government, which facilitated recalls in parliament and the courts.
And rumours persist that his actions are supported by former MDC leaders who have a score to settle.
If the plan was to force Chamisa out, it succeeded when he resigned on 25 January,
with no clear statement about his future.
The vacuum this generated has triggered a damaging succession battle. With rivals such as Tshabangu, Promise Mkwananzi and Jameson Timba competing for dominance, the credibility and cohesion of the opposition could hardly be lower.
Edson Ziso is a lecturer in the department of politics and international relations at the University of Adelaide. This analysis was produced in collaboration with Democracy in Africa
This article first appeared in The Continent, the pan-African weekly newspaper produced in partnership with the Mail & Guardian. It’s designed to be read andshared on WhatsApp. Download your free copy here
SA scores ‘impressive’ energy revolution:
Despite the private sector’s complaints that the government’s reform agenda has been slow-going, the last couple of years have seen radical changes to the country’s energy market.
Speaking to the Mail & Guardian on the sidelines of the 30th Mining Indaba, Vusi Mpofu — sector lead for mining and chemicals at Nedbank Corporate and Investment Banking (CIB) — called the liberalisation of the market “a revolution”.
Referring to the government’s decision to lift the licensing threshold for companies to produce their own electricity, Mpofu noted: “If you think that 24 months ago, we had a one megawatt cap in terms of independent producers. You fast forward 18 months, two years later, we’re now at 100 megawatts and now uncapped.”
“You think of the Eskom configuration, we’re now moving from generation, distribution, transmission,” Mpofu added.
“We’re breaking up all those companies to bring in greater efficiency and to have a more flexible working model in each of those different facets of the energy space. And all this has happened in the short space of two to three years. It would have been unthinkable, unspeakable, five years ago for us to be saying we are in this particular position.”
Mpofu echoed the sentiment expressed by Ana Hajduka, the chief executive of Africa GreenCo, a renewable energy buyer and trader.
“The policy environment, the projected one, is very comprehensively thought through. There are still some elements of risk … But when it comes to market opening, my goodness, so much has been done,” Hajduka said during a Nedbank CIB-hosted panel on Monday.
“There is the Electricity [Regulation Amendment] Bill. There are all the Necom [national energy crisis committee] working groups. Eskom is working, literally day and night on the new market rules. So nothing has been enacted comprehensively yet. But the process that we are all going through, from our perspective we are very impressed.”
In his address during the Mining Indaba’s opening ceremony, President Cyril Ramaphosa emphasised the government’s efforts to push on with economic reforms, including lifting the licensing threshold — which was the impetus for the establishment of 1312 generation facilities.
About a third of this estimated 6 387 megawatts of capacity supplies the mining industry.
But Mpofu’s acknowledgment of these changes comes with a caveat. “However, we are in a crisis. Once you are in a crisis of this nature, of course you must make these bold decisions,” he said. “And one wonders why they were not made 10 years ago.”
South Africa’s financial sector has a considerable role to play in the liberalised energy market, with renewable energy emerging as an asset class private investors are scrambling to get in on.
In late 2022, Nedbank CIB had funded about R35 billion of the country’s renewable energy independent power producer programme.
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