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Corruption
is essentially the use of public power for private gain. The first obvious
site for such corruption is the public sector. The state's monopoly on
control of public resources and its preferential access to certain sources
of information require strict rules and procedures to ensure fair practice.
In the absence of such rules, and even at times when these do exist, the
government is open to a number of types of corruption.
1 Forms of corruption
1.1 Bribery
Bribery is arguably the most common form of corruption.
It entails beneficiaries using extralegal means of payment to acquire
government favours and resource allocations.
This can involve contracts, tax exemptions,
timeframes and technical standards for complying with procurement rules
and licences, public information being monopolised, or getting the government
to turn a blind eye to illegal activities.
1.2 Theft and fraud
Some officials steal state assets under their jurisdiction
or made accessible to them as a function of their positions in government.
Acquiring publicly owned assets through illegal transactions and fraud
constitutes the most extensive form of such corruption.
1.3 Institutional corruption
Both the political and bureaucratic components of government
could become sources and targets of corruption. A common occurrence of
such political and bureaucratic corruption is where conflicts of interest
are not managed, so that potential beneficiaries of projects or resource
allocations are directly able to control or influence decisions about
those projects or allocations. Institutional corruption is often - perhaps
most commonly - associated with cases where processes of decision-making
are misused by those who have the power to waive rules.
2 Types of corruption
2.1 Grand corruption
This type of corruption is defined as corruption that involves
heads of state, ministers, or other senior government officials and serves
the interests of a narrow group of business people and politicians as
criminal elements.
2.2 Political corruption
Political corruption involves lawmakers, such as monarchs,
dictators, and legislators. Such officials engage in corruption when they
seek bribes or other rewards for their own political or personal benefit
in return for political favours to their supporters at the expense of
the public interest.
2.3 Corporate corruption
This occurs in relationships between private business corporations
and the suppliers or clients. It also occurs within corporations, when
corporate officials use the corporation resources for private gain, at
the expense of the shareholders.
2.4 Administrative corruption
Administrative corruption includes the use of bribery and
favouritism to allow certain individual businesses to lower their taxes,
escape regulations, or win low-level procurement contracts.
2.5 Petty corruption
This type of corruption involves the payment of comparatively
small amounts of money to facilitate official transactions, such as customs
clearance or the issuing of building permits.
2.6 Systemic corruption
This type of corruption is that type of corruption that is
prevalent throughout all levels of society.
3 Causes of corruption
The causes of corruption are varied and would
have to be understood in specific contexts. Corruption is closely, but
not solely linked to officials' discretion over rents and the degree of
accountability in executing such discretion.
3.1 Ambiguous laws and regulations
A lack of clear rules governing the public sector and its
procedures creates loopholes for persons or firms to receive a government
benefit to which they might not be entitled. In South Africa the Corruption
Act 140 of 1992 and the Prevention of corruption and Related Practices
Act 12 of 2004 are vaguely formulated and this give people the leeway
to avoid prosecution.
3.2 Poor enforcement of
property rights and the rule of law
Weak enforcement of law and order in relation to property
businesses encourage corruption. Corruption is also more likely to take
place when bureaucratic red tape is excessive.
3.3 The overall culture
of governance also plays an important role in corruption
If political leaders and top bureaucrats set an example of
self-enrichment or ambiguity over public ethics, lower level officials
and members of the public might follow suit. Hence, bribery and corruption
may become the norm, even in the face of formal rules intended to support
clean governance. Because of government's major role in most developing
economies, opportunities for corruption are often more numerous.
4 Consequences of corruption
- Corruption undermines economic development
- Corruption
undermines political stability and government legitimacy
- Corruption
undermines the fabric itself
- Corruption jeopardizes the allocation
of resources to sectors crucial for development
- Corruption encourages
and perpetuates other illegal opportunities
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Mr.
Moses Montesh
Senior Lecturer
College of Law, School of Criminal Justice Department (Police Practice)
University of South Africa
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