Corruption and Corporate Governance in Namibia: An Analysis of the Strategic Approaches in the 4TH Industrial Revolution

Authors

DOI:

https://doi.org/10.17159/1727-3781/2021/v24i0a10738

Keywords:

corporate corruption, corporate governance, financial sector regulation, financial crimes, ICT regulation

Abstract

The advent of new technology and the 4th industrial revolution has introduced new facets of corporate crimes and regulatory challenges for the enforcement of anti-corruption laws. Acknowledging the negative effects of corruption on the private sector, corporate governance mechanisms may help reduce corruption in the private sector by ensuring that corporations are managed in the best interest of the corporation and the shareholders or investors. This article aims to evaluate the adequacy of the regulatory measures intended to promote good corporate governance in Namibia thereby cushioning the Namibian financial market from the negative effects of corporate corruption. It provides an exposition of the concepts corporate corruption and corporate governance by considering the relationship between the two. It further provides an analysis of the Namibian corporate governance regime and the anti-corruption legislative framework. It is submitted that if Namibia is to realise the financial market objectives set out in its policy documents, there is a need for the introduction of robust strategic approaches in corporate governance directed at curbing and/or reducing corporate corruption responsive to the 4th industrial revolution challenges, amongst others.

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References

Bibliography

Literature

Amupanda JS "The Fight against Corruption in Namibia: An Appraisal of Institutional Environment and a Consideration of a Model for Civil Society Participation" 2019 NLJ 187-203

Arrowsmith S The Law of Public and Utility Procurement 2nd ed (Sweet and Maxwell London 2005)

Asheela NV Towards Responsible Lending in Namibian Consumer Credit Law: A Comparative Investigation (LLD-thesis University of Pretoria 2017)

Bolton P "The Use of Government Procurement as an Instrument of Policy" 2014 SALJ 619-635

Bradhan P "Corruption and Development: A Review of Issues" 1997 JEL 1320-1346

Coetzee JJ The Role of the Private Sector in Tackling Corruption - Briefing Paper (IPPR Windhoek 2018)

Commonwealth of Australia Fairness and Transparency in Purchasing Decisions: Probity in Australian Government Procurement – Better Practice Guide (Australian National Audit Office Canberra 2007)

Deloitte Corporate Governance Survey for Namibia 3rd ed (Deloitte Johannesburg 2016)

Helbig N, Gil-García RJ and Ferro E "Understanding the Complexity of Electronic Government: Implications from the Digital Divide Literature" 2009 Government Information Quarterly 89-97

Hess D "Catalyzing Corporate Commitment to Combating Corruption" 2009 JBE 781-790

High-Level Panel on the Namibian Economy Final Report with Recommendations: Prepared for Submission to His Excellency President Dr Hage Geingob (Office of the President Windhoek 2020)

Iifo-Walenga H "A Critical Appraisal of the Namibia Public-Private Partnership Act No 4 of 2017" 2019 NLJ 251-269

Lee S, Yoon H and Seo W "A Study on the 4th Industrial Revolution and Block Chain Electronic Government - In terms of the Prevention of Cybercrimes and Corruption" 2019 J Korea Inst Electron Commun Sci 11-18

Lennerfors TT "The Transformation of Transparency: On the Act on Public Procurement and the Right to Appeal in the Context of the War on Corruption" 2007 Journal of Business Ethics 381-390

Links F Promoting Integrity: The New Public Procurement Framework - Briefing Paper (IPPR Windhoek 2017)

Links F The Public Procurement Bill: A Lot of Good, Some Significant Bad, but Certainly not Ugly – Special Briefing Report No 9 (IPPR Windhoek 2015)

Links F and Daniels C The Tender Board: Need for Root and Branch Reform - Anti-Corruption Research Programme Paper 3 (IPPR Windhoek 2011)

Maher ME and Andersson T Corporate Governance: Effects on Firm Performance and Economic Growth (OECD Paris 1999)

Manda MI and Dhaou BS "Responding to the Challenges and Opportunities in the 4th Industrial Revolution in Developing Countries" in 12th International Conference on Theory and Practice of Electronic Governance (ICEGOV2019) (3-5 April 2019 Melbourne) 244-253

Ministry of Finance Namibia Financial Sector Strategy 2011-2021: A Sector Development Document - Towards Achieving Vision 2030 (Ministry of Finance Windhoek 2011)

Mostovicz EI, Kakabadse NK and Kakabadse A "Corporate Governance: Quo Vadis?" 2011 Corporate Governance 613-626

Ndikumana L The Private Sector as a Culprit and Victim of Corruption in Africa - Working Paper Series No 330 (Political Economy Research Institute, University of Massachusetts Amherst 2013)

Namibian Stock Exchange and Institute of Directors in Southern Africa NamCode: The Corporate Governance Code for Namibia (NSX Windhoek 2014)

Office of the President Namibia Vision 2030: Policy Framework for Long-Term National Development (Office of the President Windhoek 2004)

Puri P and Nichol A "The Role of Corporate Governance in Curbing Foreign Corrupt Business Practices" 2015 Osgoode Hall LJ 164-230

Rangaswamy D, Prabhakar K and Prabhakaran C Impact of Corruption on Corporate Governance - An Overview under the Context of Policy Framework against Corporate Corruption 2011 SSRN Electronic Journal 1-17 http://dx.doi.org/10.2139/ssrn.1937733

Rose-Ackerman S "Corruption and Government" 2008 International Peacekeeping 328-343

Shekshnia S, Ledeneva A and Denisova-Schmidt E Reflective Leadership vs Endemic Corruption in Emerging Markets - INSEAD Working Paper No. 2013/121/EFE (INSEAD Fontainebleau 2014)

Sullivan JD Corruption, Economic Development, and Governance: Private Sector Perspectives from Developing Countries (World Bank Washington DC 2006)

Van den Berg M and Van Zyl S "Namibia" in Calkoen WJL (ed) The Corporate Governance Review 9th ed (Law Business Research London 2019) 229-247

Wijayati N, Hermes N and Holzhacker RL "Corporate Governance and Corruption: A Comparative Study of Southeast Asia" in Holzhacker RL et al (eds) Decentralization and Governance in Indonesia (Springer Cham 2016) 259-292

Williams S "The Use of Exclusions for Corruption in Developing Country Procurement: The Case of South Africa" 2007 J Afr L 1-38

Wu X "Corporate Governance and Corruption: A Cross-Country Analysis" 2015 Governance 151-170

Zhou K, Liu T and Zhou L "Industry 4.0: Towards Future Industrial Opportunities and Challenges" in 12th International Conference on Fuzzy Systems and Knowledge Discovery (15-17 August 2015 Zhangjiajie) 2147-2152

Case law

Lameck v President of the Republic of Namibia 2012 1 NR 255 (HC)

Legislation

Anti-Corruption Act 8 of 2003

Companies Act 28 of 2004

Competition Act 2 of 2003

Constitution of the Republic of Namibia, 1990

Financial Intelligence Act 13 of 2012

Prevention of Organised Crime Act 29 of 2004

Public Private Partnership Act 4 of 2017

Public Procurement Act 15 of 2015

Tender Board Act 16 of 1996

Whistleblower Protection Act 10 of 2017

Witness Protection Act 11 of 2017

International instruments

UNCITRAL Model Law on Procurement of Goods and Construction (1993)

UNCITRAL Model Law on Procurement of Goods, Construction and Services (1994)

United Nations Convention against Corruption (2003)

Internet sources

Adam I and Fazekas M 2018 Are Emerging Technologies Helping Win the Fight against Corruption in Developing Countries? https://pathwayscommission.bsg.ox.ac.uk/sites/default/files/2019-09 are_emerging_technologies_helping_win_the_fight_against_corruption_in_developing_countries.pdf accessed 10 June 2021

Brouwers D et al 2014 Microfinance Regulatory and Policy Assessment in SADC – Case Study of Namibia, Tanzania and Zambia https://pdf4pro.com/amp/view/microfinance-regulatory-and-policy-assessment-in-sadc-445c35.html accessed 10 June 2021

Forgues-Puccio GF 2013 Corruption and the Private Sector: A Review of the Issues https://assets.publishing.service.gov.uk/media/57a

a0440f0b652dd00050a/Corruption_and_the_Private_Sector.pdf accessed 10 June 2021

Sullivan JD, Wilson A and Nadgrodkiewicz A 2013 The Role of Corporate Governance in Fighting Corruption https://www2.deloitte.com/content/dam/Deloitte/ru/Documents/finance/role_corporate_governance sullivan eng.pdf accessed on 30 May 2021

World Bank 1997 http://www.worldbank.org/eca/ecspeExt.nsf/

ExtECADocByUnid/World Bank 1997 The Economic and Social Consequences of Corruption in Transition Economies http://www.worldbank.org/eca/ecspeExt.nsf/ExtECADocByUnid/ accessed 15 December 2020

Published

2021-09-13 — Updated on 2021-09-14

Versions

How to Cite

Asheela-Shikalepo, N. . (2021). Corruption and Corporate Governance in Namibia: An Analysis of the Strategic Approaches in the 4TH Industrial Revolution. Potchefstroom Electronic Law Journal, 24, 1–31. https://doi.org/10.17159/1727-3781/2021/v24i0a10738 (Original work published September 13, 2021)

Issue

Section

Special Edition: Corporate and Financial Markets 2021