Legal Approaches to Supporting Good Governance and Integrity in Africa
Chapter 7: National anti-corruption bodies: a key good governance requirement?
Over the past 20 years, considerable time, effort and (donor) money has gone into supporting national anti-corruption commissions (ACCs) in Africa. The topic has spawned a significant body of critical literature and many have questioned the value and 'success' of such bodieswith De Maria referring to them as 'frolics in failure'. This chapter focuses upon two fundamental issues. Firstly whether there is the need for African states to establish a separate 'anti-corruption commission' at all or whether 'anti-corruption' functions are better entrusted to another body or bodies. Secondly, if a separate ACC is desirable, what building blocks are needed to maintain its independence and effectiveness. The discussion will explore these issues with particular reference to two recently established ACCs. Firstly the Ethics and Anti-Corruption Commission in Kenya (KEACC) which was established in 2011 pursuant to Article 79 of the Constitution of Kenya 2010 and which replaced the Kenya Anti-Corruption Commission. Its more detailed provisions are contained in the Ethics and Anti-Corruption Commission Act 2011. Secondly, the Zambian Anti-Corruption Commission (ZACC) which is now governed by the Anti-Corruption Act 2012. Of particular interest is the fact that the Act specifically provides for the domestication of UNCAC, the AU Convention and the SADC Protocol Against Corruption.
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