CRYPTOLAUNDERING: ANTI-MONEY LAUNDERING REGULATION OF VIRTUAL CURRENCY EXCHANGES, pp. 1 - 15
Ten years on since their invention, virtual currencies are here to stay. However, virtual currencies come with money laundering risks. This paper discusses anti-money laundering regulation for virtual currency intermediaries, by showcasing and comparing regulatory models at the national and international levels. It is found that the anti-money laundering regulation for virtual currencies — more than being merely “nice to have” — carries considerable potential in the fight economic crime. Where financial intermediaries engaged in virtual currencies are required to gather the full spectrum of information needed to identify their customers and the source of funds, virtual currencies become much less attractive to money launderers than traditional fiat money systems. Furthermore, anti-money laundering regulation means that supervisory and investigatory authorities can identify and act against money launderers and other delinquents.
SPECIALISED ANTI-CORRUPTION COURTS: A MEANS OF PROMOTING SUSTAINABLE TRANSFORMATION IN AFRICA? pp. 16 - 35.
Corruption is inimical to Africa’s quest for socio-economic transformation. Available empirical evidence highlights a sustained increase of corruption globally, with an equal emphasis on interdisciplinary interventions. There are also strong arguments for institutional specialisation in the judicature to buttress anti-corruption initiatives. As a result, specialised anti-corruption courts (SACCs) quickly are gaining traction in Africa, at the expense of conventional courts. This paper examines the rationale for SACCs and the variegated institutional SACC design choices by providing an overview of selected African countries. It highlights the position of these courts within the criminal justice system, their size and composition, their jurisdiction and, where relevant, synergies with other complementary institutions. In the main, SACCs provide much needed efficiency, integrity and expertise in the criminal justice system. The paper also examines challenges which SACCs encounter in Africa. Lastly, it provides a brief discussion of calls for an International Anti-Corruption Court.
POLICIES TO PREVENT CORRUPTION IN NIGERIA: ENFORCEMENT OF THE RIGHT TO EDUCATION, pp.36 - 55
This paper investigates how well Nigeria conforms to international best practices on the right to education. The quality of education that is available to Nigerians is affected by inadequate budgetary allocation, which is compounded by mismanagement of scarce resources and generally by corrupt practices. Education at the level of the primary, secondary and tertiary levels suffers on account of corruption, despite government propaganda that the state provides adequate educational opportunities at the three tiers of education. Attempts to prosecute and punish acts of corruption have failed consistently.
THE NEED FOR STATUTORY PROTECTION FOR WHISTLEBLOWERS IN NIGERIA, pp. 56 - 75
Whistleblowers are sentinels of society and of good governance. They are employees who risk their professions and even their lives in the interests of public safety and community well-being. Most countries, especially the developed societies, have formal legal mechanisms that seek to guarantee protection of whistleblowers and to encourage active participation by citizens in the government’s anti-corruption efforts through the disclosure corruption in both the public and private sectors. However, since independence in 1960, Nigeria has been fighting corruption without a comprehensive and dedicated statute that protects whistleblowers, which sets the country’s anti-corruption drive at odds with international best practices.
The New Zimbabwean Government’s War on Corruption: A Lesson for Anti-Corruption and Transitional Justice Scholars and Practitioners? pp. 76 - 98
There is ample academic writing and practical examples extending the principles of transitional justice to corruption. However, very little has been written on how a society’s existing anti-corruption mechanisms may be utilised in a manner compatible with the wider transitional justice processes. In Zimbabwe, the new government is taking a more rigorous approach towards anti-corruption than towards the protection of human rights, which is apparent in its pursuing corruption crimes but not crimes which violate physical integrity, such as torture, disappearances and killings. Using Zimbabwe as an example, this paper proposes ways in which transitional authorities could rely on anti-corruption mechanisms, yet go beyond them by addressing endemic corruption under the broader transitional justice mechanisms.