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SERAP v Nigeria

SERAP, a human rights organisation, brought a case against the Nigerian Government and Nigeria’s Universal Basic Education Commission to The Economic Community of West African States (ECOWAS) Court of Justice.  A key part of the complaint was that the Universal Basic Education Commission, which was responsible for funding basic education in Nigeria, had mismanaged the national […]

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Hugh Glenister v President of the Republic of South Africa

In South Africa, the government decided to abolish an independent anti-corruption body and replace it with a body that wasn’t independent from the government. This was challenged for being unconstitutional. The South African Constitutional ruled that the decision to abolish an independent anti-corruption body undermined the effective investigation into corruption and violated the government’s duty […]

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Bill of Rights (Chapter 2 of the Constitution of the Republic of South Africa)

Article 33 on “Just Administrative Action” states: 1. Everyone has the right to administrative action that is lawful, reasonable and procedurally fair. 2. Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons. 3. National legislation must be enacted to give effect to these rights, and must: a. Provide for the review of administrative action […]

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Mexico’s General Law of Administrative Responsibility

Mexico’s General Law of Administrative Responsibility establishes a legal framework for public servants to follow. This applies to all public officials in the country. It contains administrative penalties for those public officials who commit “non-serious” (no graves) and “serious” (graves) administrative violations. Non-serious violations are those related to the day-to-day activities of public servants and […]

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The Public Prosecutor in Brazil

In Brazil, the public prosecutor takes legal action to establish civil and administrative liability of persons suspected of being involved in corruption. The prosecution can take action on behalf of individuals, groups or in the general public interest.

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The Special Investigations Unit (South Africa)

In South Africa, the “Special Investigations Unit” is empowered to bring civil, administrative and criminal cases against public officials and government bodies suspected of corruption. People can report corrupt activities to the SIU for them to investigate. These reports can then lead to the SIU taking a civil action against the wrongdoer. It can take […]

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Section 7 of the Bribery Act (UK)

In the UK, a commercial organisation will be guilty of bribery if a person associated with the organisation bribes another person. However, the commercial organisation will have a defence if they had adequate procedures in place to prevent bribery.

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The Siemens Corruption Scandal

Between 1996 and 2007 employees at Siemens, Europe’s largest engineering company, arranged for the company to pay bribes to win contracts from Iraq’s government in the United Nations oil-for-food program. Corrupt payments were also made to ensure that the company won bids for commuter rail projects in Venezuela, mobile-phone networks in Bangladesh, power plants in […]

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Clifford Chance International Guide to Anti-Corruption Legislation

The guide provides an in-depth review of anti-corruption legislation in OECD countries, outlining several countries where it’s a criminal offence not to set up corruption prevention measures in an organisation.

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Mumbai v Balakrishna Dattatrya Kumbhar

In this case, a public official who worked in the Customs and Excise Department was investigated by an anti-corruption agency and convicted for having a disproportionate amount of assets when compared to his disclosed salary (see illicit enrichment above).  He was sentenced to 2 years in prison and was suspended from his position. The accused […]

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