THE CREATION OF THE ICC

The implications for African states of the recently created International Criminal Court should be carefully considered. There are far-reaching limitations placed on the ICC's jurisdictional scheme, both temporally as well as by the preconditions to the exercise of jurisdiction in the form of territoriality and nationality. The Court's powers may also be constrained out of deference to the grant of an internationally acceptable amnesty, and national courts may be constrained to recognise immunities from prosecution for high-ranking officials. These limitations need to be properly understood so that the ICC can be effectively utilised by African States to declare and act upon their commitment to the principle of individual criminal liability for those responsible for the most serious crimes.     

Can security vetting be extended to include the detection of financial misconduct?

An analysis of the security vetting files of 19 employees within a South African national department who had been found guilty of financial misconduct in the last five years uncovered that the existing security vetting processes did not detect the financial misconduct of which these employees have been found guilty. This research sets out to establish whether security vetting can be extended to include the detection of financial misconduct within the department and, if so, how. Moreover, if security vetting can indeed be so extended, can it possibly enhance the management of fraud risk across all South African public sector departments? Qualitative interviews were conducted with 27 employees who are key to fraud risk management and security vetting within the researched department. During the interviews, the following five themes emerged: (1) the reasons why employees commit financial misconduct; (2) why it is not detected by the security vetting process; (3) the potential alignment of the security vetting process to facilitate the detection of financial misconduct; (4) the following through on security vetting findings; and (5) sharing these findings with the internal audit and risk management functions within state departments. These themes were probed and are reported on, establishing firstly that security vetting can indeed be extended to include the detection of financial misconduct within the researched department, and secondly that it can enhance the management of fraud risk across all South African public sector departments, given the specific mandate of the State Security Agency (SSA) and the national security vetting strategy.     

SOUTH AFRICA'S ANTI-TERROR LAW

This article argues that whereas the waves of democratization which enveloped the continent in the early 1990s following the collapse of Eastern European one-party socialism genera ted expectations of a ‘new dawn’ for ‘good governance’ and sustainable human development on the continent, one wave after another appears to have suffered serious setbacks. Indeed, a decade later, some of the most articulate pro-democracy leaders, who came into office on the crest of the democratic waves of the 1990s have sought to manipulate their countries' constitutions in order to perpetuate their presidential tenure. Such undemocratic behaviour will only fuel speculation in the industrialized world that the New Partnership for Africa's Development is just another decorative blue-print drawn up by beleaguered African despots in order to obtain new resource inflows at a time the international community under the hegemonic leadership of the Uni ted States will be wholly preoccupied with rebuilding post-Saddam Iraq and the Israeli-Palestinian roadmap.     

The myth of Afghan electoral democracy: the irregularities of the 2014 presidential election

ABSTRACT

This article systematically assesses the 2014 Afghanistan Presidential Election, the first transfer of power from President Hamid Karzai to an elected successor, using provincial voting data as well as explicit data from polling centers. The analysis finds unusual voting results in the April election, where no candidate received 50%+1 votes required by the Afghan constitution, versus the voting results realized for the June ‘runoff election.’ As in other Afghan voting analyses, this article finds voting based on ethno-linguistic preferences, and interestingly found Dr. Ashraf Ghani receiving almost all the swing votes in the runoff election even though the other leading candidate from the April election all endorsed Dr. Abdullah Abdullah. More importantly, however, the research presented here clearly finds extremely strange voting patterns. For example, the polling data center analysis finds 606 polling places where Ghani received all 600 votes and Abdullah received none and another 900 polling centers that gave virtually all its votes to Ghani. These results in combination with other analyses raise the very real possibility that the election results were illegitimate. The article concludes with a discussion of the implications of the research to future Afghan elections and their processes as well as to the long-standing conflict in the country.     

‘God willing,I will be back’: Gauging the Truth and Reconciliation Commission's capacity to deter economic crimes in Liberia

Recently, in July 2012, the high-profile and bitterly fought nine-month race for the post of Chair of the African Union (AU) Commission, between Dr Jean Ping of Gabon, and his main challenger, Dr Nkosazana Dlamini-Zuma, culminated in the latter's victory. Her victory came after the deadlock at the Eighteenth AU Summit in January 2012. Borne out of the considered need for a quick fix through reliance on a vote of expediency, the election of Dr Dlamini-Zuma represented a political resolution to the crisis that arose due to the earlier ongoing electoral deadlock. Far from being a competitive election by design, the 2012 AU Commission election by default became transformed into an intensely fought campaign that put the AU in the limelight. This article briefly introduces the electoral process, explains in detail the voting behaviour of AU member states, and offers five specific reasons for the victory of Dr Dlamini-Zuma. On the surface the election looks very competitive, but the article explains why this is not the case. To create greater competition for these posts, the AU needs to overhaul the nomination process and the voting procedure. In this regard, the article proffers detailed analysis and proposes a radical revision of the existing criteria for the nomination. The article also proposes specific recommendations for the amendment of the rules of procedure of the AU Assembly to allow for a qualified majority as a deadlock breaker in the fifth round. It also assesses whether the integrity of the AU Commission election was damaged during the campaigning and voting process. In this regard, it recommends the development of a code of conduct for future elections at the AU.     

试论转化型抢劫罪的认定标准

在司法实践中,由盗窃、诈骗、抢夺转化为抢劫的刑事犯罪是一类比较典型的犯罪,其典型性主要体现为其犯罪性质已由盗窃、诈骗、抢夺转化为抢劫。现行刑法典第269条规定:“犯盗窃、诈骗、抢夺罪,为窝藏赃物、抗拒抓捕或者毁灭罪证而当场使用暴力或者以暴力相威胁的,依照本法第二百六十三条的规定定罪处罚,”根据这一规定,上述犯罪应以抢劫罪论处。笔者认为,在司法实务中适用本条来处理案件时,要真正理解本条的立法原意,并正确把握转化型抢劫罪严格的适用条件。这在实践中具有十分重要的意义。本文结合实践,对刑法典第269条转化型抢劫罪的适用条件等问题作一初步探讨。     

一起放火骗保案件的调查与思考

随着社会经济的发展,放火骗保案件时有发生,且此类火灾造成巨大的破坏性,往往给案件侦破带来极大的困难。通过介绍一起放火骗保案件的侦破过程及相关证据的分析,探讨了公安消防部门调查此类案件应注意的问题。     

The effects of local elections on national military spending: A cross-country study

In this paper, we study the domestic political determinants of military spending. Our conceptual framework suggests that power distribution over local and central governments influences the government provision of national public goods, in our context, military expenditure. Drawing on a large cross-country panel, we demonstrate that having local elections will decrease a country’s military expenditure markedly, controlling for other political and economic variables. According to our preferred estimates, a country’s military expenditure is on average 20% lower if its state government officials are locally elected, which is consistent with our theoretical prediction.     

Was the Nigerian 2015 presidential election a victory for Boko Haram or for democracy?

The ousting of Dr Goodluck Jonathan marked the first time in Nigerian history that a member of the opposition unseated an incumbent in fair and peaceful elections. The smooth transition of power, uncharacteristic of Nigeria, was hailed by the international community as a victory. However, did Muhammadu Buhari win because Jonathan lost or did Jonathan lose because Buhari won? This article argues that Jonathan's growing unpopularity gave Buhari the win, and that Boko Haram played a major role in the president's sinking support. The 2015 presidential election was thus a win for both democracy and Boko Haram.     

The Illusion of Afghanistan’s Electoral Representative Democracy: The Cases of Afghan Presidential and National Legislative Elections

This article is the latest in a series of published articles systematically examining Afghan Presidential and legislative elections. Structural problems including fraud, ethno-linguistic block voting, and the Single Non-Transferable Vote have had significant impacts on the development of Afghan democratic elections. The challenge now facing the current Afghan government and future elections is the daunting task of uniting the Afghan people while not repeating the electoral mistakes of the past. The tricky balancing act of fostering an overarching national identity without being perceived as privileging particular identities requires strong leadership and a willingness to challenge traditional ethnic, linguistic, and religious norms when need be. Karzai and Ghani Administrations have seriously failed relative to this dynamic.