Creating a corruption‐free zone through legislative instruments: some reflections on Lesotho
| DOI | https://doi.org/10.1108/13590790510624882 |
| Published date | 01 April 2005 |
| Date | 01 April 2005 |
| Pages | 185-191 |
| Author | Qhalehang Letsika |
| Subject Matter | Accounting & finance |
Creating a Corruption-Free Zone through Legislative
Instruments: Some Re¯ections on Lesotho
Qhalehang Letsika
INTRODUCTION
Lesotho, like many states worldwide, passed anti-cor-
ruption legislation to combat corruption. This legal
instrument establishes a Directorate on corruption
and economic oences with the main purpose of
giving eect to the provisions of the legislation. The
paper examines the suitability of this piece of legisla-
tion as an anti-corruption instrument. The key
points highlighted include the powers of the Directo-
rate, factors that may impede the operational ecacy
of the instrument and the strategies to be used by the
Directorate to combat corruption.
In the case of Sole v The Crown
1
the Lesotho Court
of Appeal said:
`In the course of his judgment the trial judge
observed: ``The sentence imposed by the court
must express the public abhorrence of what has tran-
spired and in particular emphasise that Lesotho
simply will not tolerate corruption in its midst. In
this respect the sentence imposed must be such as
to act as a deterrence to others in the future.'' We
echo those sentiments. Corruption is inimical to
sound public administration, itself essential to the
strength of constitutional democracy; it also threa-
tens investor con®dence, development projects
and employment, including in Lesotho.'
The last sentence clearly articulates the hazardous
eects of corruption to a country's development and
economic growth. The massiveness and pervasiveness
of corruption within bureaucratic systems worldwide
have triggered joined forces to mount awareness and
preventive campaigns by the international commu-
nity. Mass accumulation of wealth by those in power-
ful positions of trust through illegitimate sources and
means threatens the economic development and stabi-
lity of the world.
2
While there is nothing new about
corruption the intensity with which it has been report-
edly taking place has provoked not only international
cooperation and collaboration, but national strategies
have had to be devised in a dire attempt to ®ght this
heinous economic crime as well.
The dynamic nature of corruption has not only
shifted its traditional conceptual framework but also
transcends the purview of the common law.
3
The
concept of `corruption' is no longer restricted to acts
of bribery on the part of those who hold positions of
duty to do or omit to do something which they are
or are not obliged to do with the hope of receiving a
bene®t from such action or inaction. The failure on
the part of the common law to keep pace aggressively
with the realities created by modern technological
advances necessitated intervention by many govern-
ments through legislative instruments in an endeavour
to ®ll the lacuna. It is a fact that the regulatory and pre-
ventive legal instruments have increasingly found
their way into many jurisdictions. It was against this
backdrop that Lesotho, too, promulgated the Preven-
tion of Corruption and Economic Oences Act No.
50 of 1999 (hereinafter referred to as `the Act'). This
paper seeks to review and explore whether this piece
of legislation stands as a solution to the problem of
corruption in the country or as a Trojan Horse. The
discussion will provide a critical analysis of the Act
in terms of its strengths and weakness and its suitability
in the context of Lesotho. In the ®nal analysis the dis-
cussion will seek to understand if the Act is fashioned
in such a manner that there are prospects of it creating
a `corruption-free zone'.
INSTITUTIONAL FRAMEWORK FOR
COMBATING CORRUPTION
Anti-corruption units are an indispensable tool in the
®ght against corruption and other economic crimes.
It is essential that such institutions must be accorded
such privileges, rights and immunities as will enable
them to mount a successful battle. The infrastructure
set up for their operation must be adequate because
perpetrators of these crimes often have sophisticated
facilities at their disposal. The most crucial facilities
in the ®ght against corruption include manpower per-
sonnel and ®nancial resources.
The Act establishes the Directorate on corruption
and economic oences.
4
The main purpose for the
establishment of this institutional machinery is to
investigate, prosecute and prevent corruption. The
Page 185
Journal of Financial Crime Ð Vol. 12 No. 2
Journalof FinancialCrime
Vol.12,No. 2,2004,pp. 185 ±191
#HenryStewart Publications
ISSN1359-0790
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