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THE PRACTICAL VALUE OF LEGISLATION IN COMBATING ORGANISED CRIME
Authors:CONSTANCE KUNAKA
Institution:Human Rights Trust of Southern Africa , Ms. Kunaka is currently engaged as a consultant to the Human Rights Trust of Southern Africa.
Abstract:Criminals have expanded their networks beyond national boundaries in order to maximise the returns on their illegal activities. This expansion has made it very difficult for weak national law enforcement agencies to control or investigate the resulting crimes. Legislation as a deterrent is only effective if it is regionally accepted and if it is actively enforced. The absence of such legislation has detrimental social, political and economic consequences. States affected by corruption become targets for drug traffickers, money launderers and organisations that encourage lawlessness. In the process, the rule of law and the democratic process are undermined. The recently adopted SADC Protocol Against Corruption is an indication that the political will to fight corruption is growing. The next step is for national parliaments to incorporate the protocol into national laws.
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