Good governance in Lesotho: an analysis of the relationship between the rule of law and control of corruption
Lehobo, Limakatso Martinah
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Good governance has been highly promoted by Bretton Woods institutions and donor partners as pivotal to the development of any state. The study set out to analyse the relationship between the rule of law and control of corruption which are attributes of good governance. The study employed qualitative approaches in order to explore court cases of politically exposed persons in Lesotho. Comparison was made between these cases and corruption case of President Zuma in light of Shabir Shaik’s corruption case and consequent conviction in order to draw any similarities. Deductive approach was used to draw conclusions. In recent years, Lesotho has been mired in political instability emanating from control of corruption. Several cases of politically exposed persons have been brought before the courts since 2012 when the first coalition government of Lesotho came into power. This shows the country’s potential to detect corruption and prosecute, as well as how prone the systems are to corruption. Corruption continues to occur despite established anti-corruption institutions and laws. Efforts have also been made to institutionalise the rule of law. It is therefore important to study if the relationship between the rule of law and corruption actually promotes good governance in Lesotho or not. The study observed that political power is closely associated with how the case progresses. It concluded that consolidation of the rule of law portrays weaknesses symbolised by a degree of arbitrariness by government and unequal treatment before the law in that those without political clout are made to face the full effect of the law while the politically powerful are afforded room to escape convictions. In this manner, the rule of law is failing to curb corruption in Lesotho when it comes to crimes committed by those who are politically connected. The study also concluded that corruption undermines the rule of law in Lesotho. As politically exposed persons seek to continue to make personal gains from positions held, they leave detected weaknesses in the governing laws and regulations unchanged and they also manipulate them to manoeuvre their way out of indictments. Overall, the relationship between corruption and the rule of law in Lesotho does not promote good governance.
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