The problem of private-to-private corruption

Abstract

Corruption has huge detrimental effects, and private-to-private corruption contributes hugely to this detriment. Its consequences match those of public corruption, particularly in the contemporary world, when private entities not only are becoming more influential but also increasingly are engaged in the dispensing of public functions. Hence, to give more muscle to the war against corruption and for it to bear some fruit, proper attention should be given to confronting corruption within the private sector. Criminalisation is one of the pivotal tools in this regard. This paper explicates the regulation of private-to-private corruption under key international anti-corruption instruments which are relevant in the African context. It also discusses the criminalisation of private sector corruption by the Statute of the African Court of Justice and Human and Peoples’ Rights.