Institute for Security Studies
A Comparative Analysis:
- SADC Protocol Against Corruption (2001)
- AU Convention on Preventing and Combating Corruption (2003)
- UN Convention Against Corruption (2003)

November 2004

Foreword

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Handbook Introduction

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Entry into force of the three anti-corruption instruments

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Objectives of the three instruments

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Acts of corruption prohibited by the three instruments

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A. Specific acts of corruption prohibited by the SADC Protocol

Passive corruption committed by a public official

Active corruption committed by a public official

Act by public official or other employee for purpose of obtaining undue benefit

Diversion of property by a public official

Active or passive corruption by person working in private sector

Improper influencing of any person in public or private sector relating to such person’s decision-making functions

Fraudulent use or concealment of property derived from acts of corruption

Participation as a principal, co-principal, agent, instigator, accomplice or accessory after the fact

 

B. Other acts of corruption prohibited by the AU and UN Conventions

Illicit enrichment
Funding of political parties

Embezzlement, misappropriation or other diversion of property by a Public official
Obstruction of Justice

 

C. Sanctions

 

D. Matters relating to prohibited corrupt activities

Adoption of preventative measures

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A. Specific preventative measures in SADC Protocol, AU Convention and UN Convention

Standards of conduct for performance of public functions
Establishing systems of government relating to hiring and procurement of goods and services
Government revenue collection and control systems
Mechanisms to promote access to information
Protection of reporting persons
Enactment of laws punishing persons who make false and malicious reports
Creation of institutions responsible for implementing mechanisms for preventing, detecting, punishing and eradicating corruption
Maintaining of books and records which accurately reflect the acquisition and disposition of assets and the establishment of sufficient internal accounting controls
Participation by media, civil society and non-governmental organisations in the fight against corruption
Mechanisms for promoting public education and awareness in the fight against corruption

B. Other preventative measures prescribed by UN Convention

Preventive anti-corruption policies and practises
Systems relating to conditions of service of civil servants and other non-elected public officials
Measures relating to the judiciary and prosecution services
Measures to prevent money-laundering
Public reporting

Jurisdiction

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Acts of corruption relating to an official of a foreign state

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Confiscation and seizure

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Extradition

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Judicial cooperation and mutual legal assistance

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Asset recovery

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Cooperation measures

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Cooperation with law enforcement authorities

Cooperation between national authorities

Cooperation between national authorities and the private sector

International cooperation

Bibliography

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ACKNOWLEDGEMENTS

The research for and production of this handbook were funded by the Norwegian Agency for Development Cooperation (NORAD). The handbook was produced as part of a three-year NORAD funded project which, amongst others, aims at supporting the SADC Secretariat and SADC member countries with the implementation of the SADC Protocol against Corruption by providing

them with relevant research products