Abstract

 The fight against the misappropriation of public funds perpetrated by individuals, especially public servants, for private gain, enjoys different degrees of commitment by different countries.

The enactment of laws and establishment of institutional mechanisms towards this end is partly a reflection of the attainment of such a mission and can also be the measure by which such a commitment can be assessed.

Rated as one of the most corrupt countries in Africa by Transparency International, the global anti-corruption watchdog, the Republic of Cameroon recently enacted a law that created a Special Criminal Court.

This comes as one of the most robust and significant legislative developments in the fight against the misappropriation of public funds.

The mandate of the Special Criminal Court is to bring to justice persons who “cause loss of at least 50.000.000 CFA Francs (equivalent to about USD 100.000) relating to misappropriation of public funds and other related offences provided for in the Cameroon Penal Code and International Conventions ratified by Cameroon”.

This paper examines the offence of the misappropriation of public funds.

It looks at aspects of the Special Criminal Court as provided by the Law that established it as well as supplementary legislation enacted to address specific issues related to the Special Criminal Court.

The paper also examines the offence for which individuals are prosecuted in the Special Criminal Court.

As a bold step in fighting and defeating the “invisible enemy amongst us” (that is, corruption), this paper argues that an institutional mechanism like the Special Criminal Court that has docked several top-notch politicians and former cabinet members for trial is an example to emulate and confirms that corruption can be fought if and only if the political will to do so is present.

CHAPTER ONE

GENERAL INTRODUCTION

1.1 BACKGROUND TO THE STUDY

Corruption is a phenomenon with serious consequences that affects all communities in the world.

The government has put several structures in place to fight this ill.

There is equally the fight against corruption in Cameroon.

The fight against misappropriation of public funds perpetrated by individuals, especially public servants, for private gain, enjoys different degrees of commitment by different countries.

The enactment of laws and establishment of institutional mechanisms towards this end is partly a reflection of the attainment of such a mission and can also be measured by which such a commitment can address.

Rated as one of the most corrupt countries in Africa by Transparency International, the global anti-corruption Watchdog, the Republic of Cameroon recently enacted a law that created a special criminal court.

This comes as one of the most robust and significant legislative development in the fight against the misappropriation of public funds.

The mandate of the Special Criminal Court is to bring to justice a person who “Cause loss of at least 50.000.000 FCFA relating to misappropriation of public funds and other related offences provided for in the Cameroon penal code and international conventions ratified by Cameroon.”

On the 14^th of December, 2011, Cameroon enacted a law that established the special criminal court.

The court exercises exclusive jurisdiction over a specific class of offences committed across the national territory.

The law does not make use of the word “corruption” rather; it uses the formulation “misappropriation of public property” which is very similar in content with section 184 of the Cameroon Penal Code.

The creation of this court was aimed at fighting against the embezzlement of public property, to ensure speed in judicial proceedings and the restitution of the property.

It has changed the Penal Code punishment for misappropriation of public property.

The Penal code in its section 184 and 35 calls for punishment and confiscation of offence related property and the Special Criminal Court’s creation in section 18 call for restitution and nolleprosequi. A court with special jurisdiction is one, which either deal with a particular class of persons only or deals with specific matters formally provided for by statute. 

Formerly, misappropriation of public funds was triable before the ordinary criminal law court.

The Cameroon Penal Code in its section 184 condemns this ill.

A special criminal court is now created to hasten the proceedings against the embezzlement of public fund.

However, it seems to have compromised the penal code’s severe punishment against the misappropriation of public property.

The role of this Special Criminal Court in the fight against the embezzlement of public funds in Cameroon is the subject matter of our work.

1.2 STATEMENT OF THE RESEARCH PROBLEM

Shockingly, despite fascinating evidence that has given the country an excellent scorecard on corruption, the jurisprudence from the courts indicates that the offence of corruption is highly under-reported, under-investigated and under-prosecuted.

A few questions have to be asked: first, has the offence of the corruption and misappropriation of public funds been normalized into the national social fabric to the extent that even when it is committed en flagrante, it is trivialized, and consequently, becomes under-reported, under-investigated and under-prosecuted?

Secondly, is it really a question of political will that is needed to stop, prosecute and convict persons who misappropriate public funds? Or is the legal system too fragile, dilapidated, broken, or too consumed by the very ailment (corruption) it is supposed to be immune to so that the laws and institutional mechanisms are now too ineffective in preventing corruption within State-owned and run institutions?

One can see that the Special Criminal Court was put in place to fight against embezzlement and corruption yet are still very rampant in the country as state officials continue to embezzle state money for their personal gains and the Special Criminal Court seems to be prosecuting only those who are referred to it by the President of the Republic or by the ruling class in Yaoundé.

1.3 RESEARCH QUESTIONS

1.3.1 Main research question

1. What is the legal and institutional framework for the fight against corruption in Cameroon?

1.3.2 Specific Research question

2. What is the raison d’etre of the Special Criminal Court in the criminal law system in Cameroon?
3. What is the procedure in prosecuting corrupt acts like the embezzlement of public funds before the Special Criminal Court?

Are they policy recommendations for an effective fight against Corruption in Cameroon?

1.4 RESEARCH OBJECTIVE

This research has both general and specific objectives;

1.4.1 General objective

• To bring out the legal and institutional framework for the fight against corruption in Cameroon

1.4.2 Specific objectives

• To know the raison d’être of the Special Criminal Court in the criminal law system in Cameroon.
• To examine the procedure in prosecuting corruption cases such as the embezzlement of public funds before the Special Criminal Court in Cameroon.
• To make some recommendations on how corruption can be eradicated in Cameroon by the Special Criminal Court.