In
Africa, bureaucrats attempt to increase their level of compensation by lobbying
lawmakers and politicians and by engaging in other activities to influence the
political system and maximize benefits accruing to them. Many civil servants
also illegally increase their compensation by providing services to interest
groups that seek favors from the government. Political coalitions seeking ways
to subvert the existing rules to redistribute national income and wealth in
their favor can achieve their objectives by bribing civil servants whose job is
to enforce state regulations and implement national development plans. If
bureaucrats discover they can earn more income from providing services to
groups seeking state favors than from their regular (public) jobs, they may pay
more attention to the demands of such interest groups than to the proper
enforcement of state laws and regulations and the effective implementation of
national development plans. “In societies where civil service compensation
levels are relatively low, a significant part of the public employee's total
compensation may be derived from engagement in outside activities, resulting in
a significant increase in bureaucratic corruption”
The rules that regulate socio-political relations in a country
have a significant impact on the ability of civil servants to seek and secure
(either legally or illegally) outside income.
In nondemocratic societies, as has been shown by Mwangi Kimenyi (1987), “bureaucrats are less constrained in their employment of public resources to lobby legislators and influence those individuals with direct responsibility for determining levels of compensation for the public sector. In fact, in many African countries, most civil servants are members of the politically dominant group and have significant influence over the allocation of resources. Under these conditions, civil servants behave like interest groups whose primary objective is to put pressure on the political system in an effort to redistribute wealth to themselves”.
In nondemocratic societies, as has been shown by Mwangi Kimenyi (1987), “bureaucrats are less constrained in their employment of public resources to lobby legislators and influence those individuals with direct responsibility for determining levels of compensation for the public sector. In fact, in many African countries, most civil servants are members of the politically dominant group and have significant influence over the allocation of resources. Under these conditions, civil servants behave like interest groups whose primary objective is to put pressure on the political system in an effort to redistribute wealth to themselves”.
In countries with
poorly constructed, inefficient, and non self-enforcing constitutional rules,
opportunistic behavior (including rent seeking) are usually quite pervasive. In
such countries, the rules that regulate socio-political interaction, have failed
to adequately constrain the government. As a result, state intervention in
private exchange is equally pervasive. Excessive regulation of economic
activities creates many opportunities for rent seeking, including bureaucratic
corruption.
Corruption has been an important
subject of analysis by social scientists for many years. In the 1960s, however,
two major events rekindled interest in the study of corruption, especially in
developing countries. First, the development by Samuel Huntington (1968, 1990)
and others of theories of modernization and political development renewed
discussions on bureaucratic corruption and the role of laws and institutions in
economic growth and development (Leff 1964, Huntington 1990, Myrdal 1990).
Second, the economies and markets of the newly independent countries of Africa
and Asia were overwhelmed by corruption, bureaucratic inefficiency, and
incompetence. Since the early 1960s, researchers have devoted significant
effort to the examination of bureaucratic corruption in the developing
economies, paying much attention to the effects of the behavior of civil
servants on economic growth and development. Despite this emphasis on the study
of corruption in post-independence Africa, there has been insufficient
attention paid to the problem of corruption cleanup in Africa.
Corruption in developing
countries is often believed to arise from the clash or conflict between
traditional values and the imported norms that accompany modernization and
socio-political development. Bureaucratic corruption is seen by some
researchers, then, as an unavoidable outcome of modernization and development
(Alam 1989, Bayley 1966). David Bayley (1966: 720) argues that "corruption, while being tied
particularly to the act of bribery, is a general term covering the misuse of
authority as a result of considerations of personal gain, which need not be
monetary."
Herbert
Werlin (1973: 73) defines political corruption as the "diversion of public
resources to nonpublic purposes." In Africa many people see corruption as
a practical problem involving the "outright theft, embezzlement of funds
or other appropriation of state property, nepotism and the granting of favours
to personal acquaintances, and the abuse of public authority and position to
exact payments and privileges" (Harsch 1993: 33). Joseph Nye (1967: 419)
argues that corruption involves "behavior which deviates from the normal
duties of a public role because of private-regarding (family, close clique),
pecuniary or status gain; or violates rules against the exercise of certain
types of private-regarding influence.
Jacob van Klaveren believes that
a corrupt bureaucrat regards his office as a business from which he is able to
extract extra-legal income. As a result, the civil servant's total compensation
"does not depend on an ethical evaluation of his usefulness for the common
good but precisely upon the market situation and his talents for finding the
point of maximal gain on the public's demand curve” (Klaveren 1990: 26). As
part of his definition of corruption, Nathaniel Leff (1964: 8) includes
"bribery to obtain foreign exchange, import, export, investment or
production licenses, or to avoid paying taxes." According to Carl Friedrich (1990: 15), “individuals
are said to be engaging in corruption when they are granted power by society to
perform certain public duties but, as a result of the expectation of a personal
reward or gain (be it monetary or otherwise), undertake actions that reduce the
welfare of society or damage the public interest”.
Bureaucratic
corruption provides civil servants with the opportunity to raise their
compensation above what the law prescribes. Through the practice of corruption,
private entrepreneurs are able to capture and maintain monopoly positions in
the economy. Politicians, who serve as wealth brokers, obtain the resources
they need to purchase security and continue to monopolize the supply of
legislation. The biggest loser from corruption is society as a whole. “Corruption
allows inefficient producers to remain in business, encourages governments to
pursue perverse economic policies, and provides opportunities to bureaucrats
and politicians to enrich themselves through extorting bribes from those
seeking government favors.
Thus,
corruption distorts economic incentives, discourages entrepreneurship, and
slows economic growth” (Mbaku 1992, Gould 1980).
In examining bureaucratic
corruption in Africa, it is important to discuss the supply side. Unless
entrepreneurs and groups seeking government favors supply the bribes, then most
bureaucratic corruption would be limited to nepotism, illegal levies, and the
illegal appropriation of public resources. In African countries, payments from
entrepreneurs seeking state favors represent an important source of extra-legal
income for civil servants. A society's laws and institutions have a significant
impact on the level of bureaucratic corruption. State regulatory programs can
place a significant burden on business enterprises and entrepreneurship and
encourage investors to seek ways to minimize these state-imposed costs. Most
intervention schemes, of course, create rents that are usually competed for
through a political process. Paying bribes to civil servants has emerged as an
important method to compete for those rents. For profit-maximizing enterprises
faced with ruinous government regulations, bureaucratic corruption can be
viewed as a survival mechanism (Mbaku 1992, Harsch 1993).
It is important to distinguish
between political and bureaucratic corruption. While the latter involves
efforts by civil servants to enrich themselves through illegal means, the
former is used by political coalitions to capture the apparatus of state or
maintain a monopoly on power. Political corruption usually includes activities
such as vote-rigging, registration of unqualified, dead, or non-existent
voters, purchase and sale of votes, and the falsification of election results
(Goodman 1990).
David
Osterfeld (1992: 204-18) has argued that in a heavily regulated economy, one
can find two distinct types of corruption: "expansive corruption,"
which involves activities that improve the competitiveness and flexibility of
the market; and "restrictive corruption," which limits opportunities
for productive and socially beneficial exchange. This latter type of
corruption, Osterfeld (ibid.: 209-10) argues, is characterized by
redistribution of income and wealth in favor of individuals or groups. Most
public-sector corruption falls in the restrictive category and involves illegal
appropriation of public resources for private use (e. g. outright embezzlement
by a civil servant) or the illegal use of an individual's public position for
his own personal enrichment. Public-sector corruption hinders the proper
functioning of the market system, retards economic growth, and thus is
restrictive corruption. As examples of expansive corrruption, Osterfeld (ibid.:
212-17) mentions the bribing of judges, politicians and bureaucrats by members
of the private sector. The payment of bribes to the right officials, he argues,
can help mitigate the harmful effects of excessive government regulation and
improve economic participation.
Although certain types of
corruption may have beneficial economic and political effects, corruption can
permit inefficient firms to remain in business indefinitely. Contrary to
Osterfeld's (1992: 213) claim, the firms offering the highest bribes are not
necessarily the most economically efficient ones but the ones that are
efficient at rent seeking. Indeed, in a study of the Yucatan, Margaret Goodman (1990:
642-43) found that corruption did not benefit efficient producers, but instead
protected incompentent entrepreneurs. The firms that survived under
institutionalized corruption were those that had become efficient at rent
seeking, not at properly and effectively servicing their markets. The expertise
that improved their ability to survive was their knowledge of the political
process, who to bribe, and how to effectively manipulate the political system
to their advantage. In addition, Goodman found that corruption in the Yucatan
did not ensure new groups or entrepreneurs opportunities to enter the market.
Instead, corruption allowed the old and more established groups to totally
dominate and monopolize markets.
The primary emphasis in this
paper is on the type of corruption that involves the purchase of state favors
from bureaucrats who have been charged with the job of formulating and
implementing national development plans, enforcing state regulations, and
protecting private property rights. Thus, activities of interest include
payment of bribes to obtain import and export licenses, foreign exchange
permits, and investment and production licenses. To minimize costs imposed on
their enterprises by the state, owners of capital may bribe civil servants and other
members of the enforcement community in order to receive favorable tax
treatment. Civil servants are also able to extort bribes from individuals and
groups seeking access to government-subsidized goods and services. The
resources expended by entrepreneurs on bribes represent an illegal tax on
economic activity and can be viewed as an attenuation of property rights. In
many African countries, incumbents do not seem to be genuinely interested in
effective cleanup programs because corruption represents an important source of
revenue and a means through which incumbents channel resources to supporters
and to elites who use the threat of violence to extract rents (Mbaku 1992,
1994).
Much research has been done to
determine the causes of bureaucratic corruption in Africa. According to David
Apter (1963), African civil servants may be obliged to share the proceeds of
their public offices with their kinfolk. The African extended family places
significant pressure on the civil servant, forcing him to engage in corrupt and
nepotic practices. Bureaucrats are believed to exploit their public positions
to generate benefits for themselves, their families, and their ethnic or social
cleavage. Thus, in studying corruption in Africa, researchers have tended to
place emphasis on the structural and individual conditions that contribute to
corrupt behavior. Investigators have identified several structural factors that
contribute to bureaucratic corruption in Africa. One such structural factor is
the "soft state" that is said to embody "a weak or diffuse sense
of national interest and the absence of a commitment to public service"
(Gould and Mukendi 1989: 434). Many researchers have argued that there appears
to be an absence of a commitment to public service among citizens of many
developing countries and that excessive levels of bureaucratic corruption in
these economies are related to the lack of devotion to serving the public
interest. In many African countries, civil service employees view public
service as an opportunity for self enrichment. Pita Agbese (1992: 229-30) has
observed that in post-independence Nigeria, all political coalitions and groups
have been engaged in determined efforts to capture the apparatus of state in
order to use the state's redistributive powers to amass wealth for themselves.
Soon after capturing the government, the incumbent regime usually erects
significant barriers to entry and monopolizes the supply of legislation, thus
making certain that other groups do not participate in the allocation of
resources. For locked-out groups, participation in the economic systems must be
obtained through payment of bribes to incumbent bureaucrats, all of whom are
members of the politically dominant group.
Nigeria is not the only country
in Africa in which the apparatus of government has become an instrument for the
enrichment of members of the politically dominant group. South Africa, long
regarded by many scholars in the West as a bastion for free enterprise in
Africa, has for many years promoted laws that allowed the white minority to use
the redistributive powers of the state to enrich itself while sentencing the
black majority to perpetual poverty and deprivation (Hazlett 1988; Mbaku 1991b,
1993; Williams 1989; Doxey 1961; Hutt 1964). Throughout Africa, from Algeria to
Zaïre, bureaucrats and politicians promote perverse economic policies, which
while impoverishing most of society, provide concentrated and significant
benefits to the national elites and interest groups.
Incompetence and inefficiency
among civil servants have been given as other institutional issues associated
with bureaucratic corruption in Africa. Sustainable economic and social
development requires an efficient and professional civil service. To
effectively carry out national development plans and promote entrepreneurship
and innovation in the economy, the government bureaucracy must be responsive to
the needs of the entrepreneurial class. Additionally, public goods and services
should be delivered efficiently. The implication is that the nation's civil
service must be competent and possess a significant level of professionalism.
Hiring decisions should be based on merit and qualification, and senior
positions should be awarded only to candidates who have distinguished
themselves and possess the ability and expertise to efficiently perform the
duties assigned them. Civil service positions should not be used as rewards for
political support or swapped for bribes, or used to meet obligations to one's
ethnic cleavage. Incompetent, unqualified, and unprofessional civil servants
contribute significantly to failures in development and force the country to
remain essentially underdeveloped.
Shortly after independence, many
African countries adopted statism as their development model. This approach to
resource allocation emphasized state control and eventually turned many African
governments into major economic units. Today, African governments are the
primary investors, exporters, importers, and bankers. In addition, the state
also employs a significant proportion of the national labor force and is quite
involved in income redistribution. Through a series of regulations and
statutes, the state is able to extract wealth from the poorly organized rural
farm sector for use in subsidizing the relatively well-organized and
politically volatile urban sector. In many African countries the beneficiaries
of excessive state intervention in private exchange have been public employees
whose job it is to enforce the laws. Control of an enormous amount of public
resources by bureaucrats has allowed them to manipulate public policies to
amass wealth for themselves at the expense of the rest of society. In several
instances, bureaucrats have created artificial shortages in order to extort
bribes from prospective demanders. The enforcement of state regulations and
statutes in most African countries is poor, arbitrary, capricious, and
ineffective. As a consequence, individuals and groups affected by the
regulations are forced to engage in opportunism, including the payment of
bribes to civil servants. Several scholars have cited the transformation of the
post-independence African state apparatus into an instrument for the enrichment
of members of the politically dominant group as a significant contributor to
corruption (Agbese 1992, Ihonvbere and Ekekwe 1988).
Pervasive and chronic poverty,
extremely high levels of material deprivation, and severe inequalities in the
distribution of resources also have been advanced as major determinants of
corruption in the African countries (Leys 1965). Many regions of the world have
made significant advancements in economic and human development during the past
40 years. Yet Africa has remained essentially poor and severely deprived.
Evidence shows that Africa is today the poorest region of the world (UNDP 1990,
1995). The emergence of the African military, in the post-independence period,
as an important force in the allocation of resources has further distorted income
distribution. “In many African countries, the armed forces receive a
disproportionate share of the public budget. It is argued by many researchers
that these post-independence developments have contributed significantly to
increased corruption, underdevelopment, and pervasive poverty and deprivation”
(Mbaku 1994).
Some
scholars believe that corruption in Africa and other developing regions arises
from the existence of defective cultural norms and behaviors (Jabbra 1976).
Other researchers believe that corruption in Africa is related to the clash
between traditional and foreign norms that accompany modernization and
industrial development. As such, corruption is seen as an unavoidable
consequence of economic modernization and political development (Alam 1989,
Bayley 1966).
In the majority of developing
societies, individual rights are often subordinate to the rights of the group
or social cleavage. As a result, loyalty to the ethnic group is considered more
important than individual rights or personal accountability. In Africa, these
particularistic attachments are quite strong and have been cited as important
determinants of bureaucratic corruption. Individuals who become successful in
the public sector or the exchange economy are expected to share the benefits
with their extended family and their ethnic cleavage. Thus, a civil servant may
engage in corrupt activities in an effort to meet personal obligations to
members of his family or ethnic group (Alam 1989, Gould and Mukendi 1989).
In contrast, public choice
theory contends that bureaucratic corruption is related primarily to government
control and regulation of economic activities. Once constitutional rules have
been selected and adopted, and a government established, political coalitions
will try to use government to redistribute income and wealth in their favor.
Unless the adopted rules effectively constrain the ability of the government to
supply special-interest legislation, rent seeking will become pervasive as
groups seek ways to enrich themselves at the expense of the rest of society. At
the same time, civil servants will be able to extort bribes from entrepreneurs
seeking ways to minimize the burden of state regulations on their enterprises
and attempting to enter economic sectors closed by state intervention in
markets.
Most Africans live in societies
with weak, inefficient, and poorly designed constitutional rules, which provide
the government with almost unlimited power to intervene in private exchange. In
such economies, resource allocation is totally politicized and the civil
service has replaced the market as the principal instrument for the allocation
of resources. Civil servants are aware that lucrative monopoly rights created
by government regulatory activities provide their owners with enormous monopoly
profits. As a result, bureaucrats try to capture rents by extorting bribes from
entrepreneurs who request them. Where government regulation imposes significant
costs on a business, the entrepreneur can minimize those costs by paying bribes
to members of the enforcement community. The bribe is expected to either exempt
the business from the laws or to have the individual's enterprise taxed at a
lower rate. If these restrictions on economic activity are eliminated,
bureaucrats would be unable to extort bribes from entrepreneurs. Thus,
bureaucratic corruption is primarily rent-seeking behavior, which is directly
related to the level and exent of government activity in the economy (Mbaku
1992).
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