The move by the ANC is essentially pre-emptive, and puts them on a par with some of the more anti-democratic nations which routinely restrict the press. To the credit of the media in South Africa, and in fact of opposition parties, they have not only continually expressed their opposition to the bill and its forerunner which planned for a stifling Media Tribunal, but they have been continually and fearlessly uncovering corruption in the government, from underhanded tenders for work to corruption over arms deals at the highest levels.

South Africans stood up for themselves and were not cowed by the passing of the undemocratic bill, however. The ‘Black Tuesday’ protests, organised by media and civil society organisations and echoing 1977′s Black Wednesday when the Apartheid government banned a number of media organisations, struck a chord, with South Africans at home and abroad wearing black and even blacking out their online profile pictures. Desmond Tutu and even Nelson Mandela, in a rare criticism of ANC policy, publicly denounced the bill. Bravely, investigative journalists have also done the right thing by vowing to fight on and keep telling people the truth. As has been pointed out by veteran journalists, it is possible that the ANC is trying to intimidate people who may know certain things they don’t want to become public. With increasing information sharing, and contact between journalists and sources, it is possible that somewhere somebody knows something the party wants kept secret. Of course, while journalists and editors will continue to work for freedom, the bill is aimed at – and will doubtless deter – those sources who would be able to provide the information. Their actions in sharing information nebulously classified by politicians as being hidden due to ‘public interest’ will be criminalised.

The perhaps not too well-kept secret that is now out of the bag, however, is that the ANC could justifiably be charged with harbouring undemocratic tendencies. Already suffering something of a turbulent patch in their international reputation, their spokesperson Jackson Mthembu is going to be working overtime for the next while to try and come up with a convincing message for a sceptical audience. Not only has the party been in the headlines abroad – as well as at home – for corrupt arms deals, crooked politicians and security officials, and Julius Malema’s various turns at racism and buffoonery, but tough questions have been asked about the party over its stance on Libya and relationship with Muammar al-Gaddafi, its perceived deference to China over the Dalai Lama’s visa, and now most recently its abstention from voting at the UN Security Council over the crackdown in Syria.

There is no denying that these are all serious and complicated issues, and taking a particular side on any of them is not an open and shut matter. There are also clearly pressing geopolitical realities following a series of international conflicts, and a fairly dangerous and unstable world economic situation – and equally dangerously an increasing ‘with us or against us’ mentality in Europe, the U.S., the Middle East and elsewhere. The tightening up of security given these realities is perhaps understandable for the ANC, but the curtailing of democratic freedoms is not going to help their reputation at all – proof of which can be seen in the aforementioned international media coverage of their ‘Secrecy Bill’.

Thus, the ANC has played their hand. While it is foreseeable that in the short-term, sources may be discouraged from sharing information which government figures deem classified, it is likely that the ANC has done more damage to its reputation with its own actions anyway. They have also provided an object lesson and a warning to other governments with democratic aspirations, which is that in today’s age, it’s not easy to control and contain information – but if you don’t learn to manage it properly, it could end up controlling you.

Concern is primarily derived from the fact that DRC’s National Independent Electoral Commission (CENI) has not yet publicised information that will be central to delivering a credible election. International development charity Christian Aid report that so far, 62,000 polling boxes have not yet arrived in the country from China, meaning locations too have not been revealed; and the electoral lists, comprising a staggering 19,000 candidates for just 500 political posts, have not yet been published in full either. This dragging of feet is doing nothing to quell rising suspicions of election fraud, and leaders of the opposition are indignant that polls might go ahead despite such poor democratic preparation.

Incumbent President Joseph Kabila told Voice of America; ‘If the electoral commission tell us they are ready, then we also have to be ready. I am sure that up to now they are ready and we will go for elections.’

Jonas Tshiombela Kabiena, founder of a national network of 200 associations called “The New Civil Society on the Congo” told Inter Press Service there are fears that if the elections go ahead with current inadequate measures in place, the nation could be plunged back into civil war.

“We are very, very afraid to go back to a cycle of violence; if the election goes ahead there will be cries of illegitimacy and we don’t want to go back to that kind of thing,” he said.

DRC’s devastating five year civil conflict ended formally in 2003, but fighting still persists to the east of the country. It is therefore crucial that election issues do not reignite civil hostilities. Congolese journalist and communications manager at Christian Aid (Kinshasa) Alain Djate, confirmed that ‘tension has gone up a few notches already because of the elections’.

Another factor likely to compound tensions is that, unlike in previous elections, DRC’s constitution was amended in January and no longer demands a candidate secure more than 50 percent of the votes. With no chance of going to second round, as recently occurred in Liberia, the outcome will be determined solely by the initial number of votes cast.

Kabila’s biggest contender in the run-off will be enduring opposition leader Etienne Tshisekedi.  Tshisekedi told Belgian paper Le Soir that he had met in The Hague with Jean-Pierre Bemba, leader of the Movement for the Liberation of Congo (MLC), and Thomas Lubanga, the leader of the Union of Congolese People (UPC), suggesting that an alliance between opposition parties could be tabled to unseat Kabila.

It is true to say a number of recent African elections have been marked by some level of hostility, and with no one monitoring the electoral commission it seems delivering a democratic vote could be a challenge. However recent successes such as President Rupiah Banda’s smooth surrender of rule to opposition leader Michael Sata in Zambia shows that despite a heated run-up power transfers and elections are not as doomed as some might have us believe. If needs be organisations and external agencies must interject to monitor the situation in order to allow the country to progress with elections in an open, transparent way.

It is a problem which encompasses a number of financial arenas, including the acceptance of bribes, exploitation of tax payer’s funds, tax leakage, inflation of the value of public contracts, and faket transactions.

A 2004 report by the African Union, a coalition of 54 African states, estimated that the country loses $148billion each year to corruption. This figure accounts for roughly a quarter of the entire continent’s GDP, but the ‘collateral damage’ in terms of hindered growth and poverty alleviation is likely to be equally momentous- and proportional to the duration of the tenure of corrupt officials. However the example of General Sani Abacha, who ruled Nigeria for five years from 1993 to 1998, illustrates that even with a short period in power despots can unlawfully siphon large funds. Anti-corruption body Transparency International estimate he looted from $3 billion to $5 billion of state funds during his time in power, through a complex web of banks and front companies in countries including the UK, Switzerland, Jersey, and the Bahamas.

The Stolen Asset Recovery (StAR) initiative, launched jointly by the UN Office on Drugs and Crime (UNODC) and the World Bank, was established exactly to counter this crisis, which they describe as warranting ‘urgent’ attention.

According to the initiative’s new study, released October 24, most large-scale corruption cases involve using legal entities to conceal ownership and control of corrupt proceeds. The Puppet Masters: How the Corrupt Use Legal Structures to Hide Stolen Assets and What to Do About It, observes how bribes, embezzled state assets and other criminal proceeds are being hidden via legal structures shell companies, foundations, trusts and others.

The study advises policymakers on how to intensify ongoing international efforts to uncover flows of criminal funds, and prevents criminals from misusing shell companies and other legal entities; essentially steps to improve transparency so as to reduce the very opportunities for wrongdoing.

‘We need to put corporate transparency back on the national and international agenda,’ said Emile van der Does de Willebois, World Bank Senior Financial Sector Specialist who led the StAR research team. ‘It is important for governments to increase the transparency of their legal entities and arrangements and at the same time improve the capacity of law enforcement.’

The loss of such vast funds has drastic implications on countries that could hugely benefit from additional resources. The true cost of corruption far exceeds the value of assets stolen by the leaders of countries. According StAR, the knock on effects include undermined trust and confidence in government officials and agencies, companies, and banks; the degradation of public institutions, especially those involved in public financial management and financial sector governance; the weakening if not destruction of the private investment climate, and the corruption of social service delivery mechanisms for basic health and education programs, with a particularly adverse impact on the poor.

The outlook is not entirely bleak, however. Returning to the case of General Sani Abacha, following his death much was done to restore the assets stolen by him and his associates concealed both within and (principally) outside the country. A total of $505.5 million was restored to Nigeria, and the World Bank review found that these funds had generally been used to increase budget spending in support of the Millennium Development Goal areas, as pledged.

Even if stolen assets can be sited and repatriated, the problem will be in maintaining an inward flow.

Differences in legal systems across regions where theft occurs and money is laundered and stored present a challenging impediment to asset recovery. Thus far, countries have largely pursued their cases on a bilateral basis  with enormous difficulty so regulatory and monitoring bodies are fundamental in ensuring transparency and accountability takes place; but  they themselves can exert strain on already stretched resources, such as law courts. Therefore the StAR initiative’s emphasis on corporate transparency is important in buoying government efforts in asset recovery.

Stolen Asset Recovery Initiative

The Index evaluates 53 African countries (prior to the South Sudan’s secession from Sudan) on four counts: Safety and Rule of Law; Participation and Human Rights; Sustainable Economic Activity; and Human Development. The ratings are scored out of a total of 100 points.

According to the findings, a great deal of the continent saw economic improvement in the past year; though that was matched by nearly as many countries seeing a stagnation and decline in Safety and Rule of Law.

‘If economic progress is not translated into better quality of life and respect for citizens’ rights, we will witness more Tahrir Squares in Africa’ said Mo Ibrahim, the Sudanese philanthropist, businessman and head of the foundation.

This year’s top rated country was defending title holder Mauritius (with a total of 82 points), followed by Cape Verde (79), Botswana (76), Seychelles (73) and South Africa (71) respectively.

The lowest ranked country was Somalia, scoring only 8; a figure which comes as little surprise given it has been consistently lowest since the Index was launched in 2006. The country’s lack of a central government and protracted civil conflict has worsened in recent times, and the devastating famine brought on by the worst drought in over 60 years has done nothing to ease the challenges the country faces. Chad and the Democratic Republic of Congo followed with second and third lowest ratings.

‘A clear link can be observed between a balanced, equitable and inclusive approach to all categories of governance and national progress. These findings strongly challenge the narrative that supposes governments should pick and choose which areas to focus on at the expense of others as a natural and unavoidable trade-off of leadership.’  Ibrahim said.

The index reports that over the last five years two countries have much improved in terms of governance; Liberia and Sierra Leone. Both countries emerged from civil wars during the earlier part of the decade, with charted improvements particularly apparent from their scores in Safety and Rule of Law and Sustainable Economic Opportunity.

Trends from the data can be difficult to justify. Although the findings do indicate island nations tend to fare better than their counterparts on the mainland (Cape Verde, Mauritius and Seychelles all occupy top five positions), Madagascar has charted a significant decline since 2006 largely driven by statistically significant decreases in score for Safety and Rule of Law and Participation and Human Rights.

Prior to 2009, the Index was limited to the 48 Sub-Saharan African countries, ignoring Morocco, Algeria, Tunisia, Libya and Egypt.

The foundation also awards a yearly Prize for Achievement in African Leadership of $5 million (£3.2m) paid over 10 years and $200,000 annually for life thereafter to democratically elected former African Heads of State who have delivered security, health, education, rights, rule of law and economic development to their constituents and who have democratically transferred power to their successors in the last three years.

The Prize is believed to be the world’s largest, exceeding the $1.3m Nobel Peace Prize.

Ibrahim said of the panel’s decision, ’It is wonderful to see an African leader who has served his country from the time of colonial rule through to multi-party democracy, all the time retaining the interests of his people as his guiding principle. The fact that Cape Verde with few natural resources can become a middle income country is an example not just to the continent but to the world. President Pires embodies the type of leadership the prize is designed to recognise.’

While the value of the Index’s ambition is praiseworthy, some scholars have questioned the effectiveness of the Index and particularly the ability for civil society to engage with its results. Telling certain countries they are failing on governance is not universally constructive; and for the two years in which the panel chose not to award a prize for achievement is likely to have provoked anger from some camps.

BBC Africa correspondent Andrew Harding has questioned whether a better incentive scheme could be found. Awarding ‘an annual bribe – a bribe for not accepting bribes’, he argues, undermines the cause by rewarding ‘the sort of behaviour that should surely be taken for granted’.

Tablets carrying a reference of ‘batch number E100766’ were previously identified as fake, and WHO has now confirmed batch numbers A9351, A9357, A9366 or E110467 also fall under suspicion.

Whilst genuine batches with numbers E100766 and E110467 were never supplied to the Kenyan market at all, those with reference to ‘batch number A9351, A9357 or A9366′, exceed the quantities made, packed and dispatched by the manufacturer, Hetero Ltd of India.

Genuine Zidolam-N is a combination of three popular anti-retrovirals – Lamivudine, Zidovudine and Nevirapine. The counterfeit medicines showed evidence of discolouration, deterioration and re-labelling.

The organisation has called for individuals who may have received a contaminated prescription to seek immediate medical advice, and even though no falsified tablets have yet been found outside of the country, they have advised increased vigilance against counterfeit drugs from countries neighbouring Kenya.

Authorities are now investigating whether diversion of the medicine has occurred.

Davenport has courted controversy over the years. He purchased his 33 Portland Place mansion from the Sierra Leone government for cut market rate in 1999, when the country was in the midst of a bloody civil war.

In 1996, Davenport was introduced to Professor Cyril Foray, the former Foreign Minister and High Commissioner of Sierra Leone to the UK.

The BBC reported that the residence – built in 1775 by Robert Adam and valued at £5 million – was in disrepair, and Davenport agreed to lease the building, fund its refurbishment and then return it to the country once the improvement work was done.

Following negotiations with the government, Davenport signed a contract with Foray and flouting a legal loophole after a payment of just £50,000,  was able to claim 33 Portland Place as his private residence.

Upon hearing (through speculative press reports) that Davenport intended tooccupy the residence permanently, the government of Sierra Leone started legal action. Following a reported out of court settlement, Davenport was allowed to keep the building, and acquired the freehold in 2005.

The five-story, 110-room house has subsequently been rented out by Davenport for parties, weddings and film shoots; most recently the Oscar-winning The King’s Speech starring Colin Firth.

This recent fraud case focused on his sham firm Gresham Ltd, founded in 2005, which was set up with a false predicate of 50 years’ experience in sourcing business loans and undertaking ‘due diligence’ checks.

Simon Mayo QC Prosecution, said ‘That image, deliberately cultivated by these defendants, was entirely false.’

‘It was essentially worthless. Its only business was fraud.’

Davenport and his accomplice Peter Riley, 64, of Brentwood, Essex, would charge companies advance fees to find loans for as much as £27.4m – but the monies never materialised.

‘To outward appearances it was long-established, wealthy and prestigious,’ Mayo QC, told Southwark Crown Court.

‘It operated from expensive London premises and had a balance sheet showing significant assets. It had a flattering corporate brochure and used headed notepaper that lent an image of corporate credibility.’

There are 51 known victims of the scam. An Indian businessman paid the fraudulent company £285,000 to arrange a £156.9m loan.

The group was estimated to have gained in excess of 4 million pounds between 2006 and 2009, prosecutors said.

Davenport will now swap 33 Portland Place for a jail cell, having been sentenced along with Riley to seven years and eight months for conspiracy to defraud.

Perhaps it is the right time for the Government of Sierra Leone to pursue Davenport for the return of 33 Portland place, which he fraudulently acquired, a prominent UK Barrister has suggested.

Despite the country affirming their commitment to Human Rights and Maternal care, the advocacy group have called for ‘necessary steps to abolish the death penalty in national legislation and to commute existing death sentences to terms of imprisonment’ said Brima Sheriff, director of Amnesty Sierra Leone.

The Human Rights Council is to adopt the Universal Periodic Review outcome on the country.

Thirteen states raised the issue of the death penalty during the review, calling for a moratorium on executions, abolition of the death penalty, and ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights.

The group also want the country to reinforce transparency and accountability by monitoring and investigating shortcomings in the national health systems, and to respond robustly to allegations of corruption and systematic malpractice.

The organisation has also urged authorities to establish complaint mechanisms within the health systems and inform patients about their right to redress.

The country must also commit to conducting a periodic assessment of progress using ‘UN process indicators’ to monitor the availability, utilization and quality of emergency obstetric care.

Amnesty published a recent document stressing the ongoing challenges faced by pregnant women and girls in Sierra Leone. They report that drugs and other essential medical supplies are often unavailable at health facilities, or they are charged for free care.

Their research has also brought to light serious deficiencies in accountability across critical areas of the health system.

The move to improve healthcare in connection with birth delivery and address maternal mortality, healthcare policies and family planning was also welcomed.

Amanda Knox and ex-boyfriend Raffaele Sollecito were released on 4 October after an appeals court in Italy overturned their previous murder convictions, which had them serving 26 and 25 years respectively.

Guede is currently serving a 16 year sentence for his part in the killing.

In the  run up to the acquittal, prosecution lawyer Giuliano Mignini issued a scathing personal attack on Knox suggesting her blaming the killing on Guede was racially motivated.

‘You wanted to… blame it all on the black guy,’ he said, in reference to Guede – the third person convicted of the murder that prosecutors contend was the result of a drug-fuelled sex game gone wrong.

‘They covered their tracks well. The poor black guy will pay for everyone,’ he told the Italian court.

Guede has been tried separately and convicted on the same charges. He is serving a 16-year sentence, reduced from 30, after exhausting all his appeals.

Knox had previously identified another black man, her Congolese  former employer and owner of ‘Le Chic’ bar, Diya ‘Patrick’ Lumumba as the culprit. The case against Lumumba had rested largely on the testimony of Knox, who informed police that he had sexually assaulted Kercher before killing her. He was only cleared thanks to the testimony of a Swiss businessman, who had recalled a memorable conversation with him at the bar on the night of the murder and provided him with a sound alibi.

‘Why did she accuse me?’ Lumumba asked in 2008. ‘The black is always the killer in films, and I am convinced that is why she named me as her way of derailing the investigation’.

The accusation resulted in Knox being convicted of slander this week, fined  €22,000 and handed  a three-year sentence (against which her time in prison has been levied).

Guede, like Knox and Sollecito, has always maintained his innocence.  DNA matching Guede’s was on and inside Kercher’s body, as well as on her shirt, bra and handbag, and his bloody handprint was also found on a pillow in Kercher’s room. The forensic evidence linking him to the crime scene was undeniably strong, however his trial concluded that he had not acted alone.

Much has been made of the  media frenzy surrounding the case, particularly in the UK, Italy and US. With speculative reports regarding Knox’s character and changing stories,  many have questioned whether a fair trial was really possible. Some American journalists championed her innocence long before this week’s verdict was reached, and Knox’s race, gender and class background were used to justify this belief. Conversely many subscribed to the view that Knox was a femme fatal, manipulative and fixated with sex.

The Italian judicial system has also been called into question, many saying the drastic change of outcome means it is in desperate need of an overhaul.

Despite the acquittal, questions still remain over inconsistencies in Knox’s account of what happened on the night of the murder. It is thought the prosecution will seek to further appeal the outcome.

Lessons from Nigeria’s 2011 Elections, International Crisis Group’s latest briefing, examines the vote that restored President Goodluck Jonathan to office and left the ruling People’s Democratic Party (PDP) damaged, but still in control of the national administration .

The election was generally considered the fairest and most free ballot Nigeria has staged in recent times; however it is not indicative of a congruent government and serious efforts will have to be made to restore confidence to the country. Indeed despite Jonathan’s overall win for PDP, the party lost their two-thirds majority in the Senate and now holds the governorship in only 23 of the 36 states, compared to 27 after the 2007 elections.

Jonathan’s victory was marred by controversy, due to the country’s tradition of rotating the top office between the Muslim north and Christian south. Christian Jonathan assumed office mid-term following the death of Umaru Yar’Adua in May 2010, who was a Muslim. Jonathan’s subsequent electoral win will effectively see him retain power for longer than any candidate (or denomination) is expected.

Other divisive elements of this year’s ballot include an initial delay to the polls; a result of the implementation of a new voter system. The polls were actually in progress in several states when Nigeria’s Independent National Electoral Commission (INEC) chair affirmed the postponement necessary to ‘maintain the integrity of the elections and retain effective overall control of the process’.

This move was met with protest and interpreted variously as; a ploy to rig results, a broad move to block such attempts, pure incompetence or a mixture of all three, theories which undermined the transparency of proceedings before they had properly begun.

For the 2015 election the planning must begin much earlier. International Crisis Group state that ‘voter registration need not be as chaotic and expensive as it was this year…’, and call for early reforms to be made by the INEC with respect to ‘restructuring and constituency delineation’.

This year’s polls did however chart some progress in fighting corruption, which was a particular issue during the 2007 polls. Attahiru Jeg, the INEC chair, and his team won praise for instituting important reforms including the prosecution and sentencing of officials (including the electoral body’s own staff) for electoral offences.

By strengthening the structure of the voting system itself, it is hoped that confidence in the transparency of elections, and therefore political leaders, will be re-established. ICG consider the ‘institutional support from the police, army and other security agencies as well as from domestic and international observers’ to have been invaluable in this respect, however they also concede that this structural change will only be possible alongside broad political and economic measures to make the state more relevant to citizens and address the root causes of deadly violence in society.

The protracted violence in both the run up to and aftermath of the elections is another crucial area which exposes the new government’s weaknesses.

Following the results, conflict erupted in Northern states and saw over 1,000 people killed; the protests made the elections one of the bloodiest ever. With the Islamic fundamentalist group Boko Haram taking responsibility for fatal bomb blasts across the country and the upsurge of violence in several states encouraged by politicians and their supporters, ICG emphasise the importance of strengthening government as a strategy to combat such militancy.

Nigeria may have broken, to some extent, the succession of flawed and bad elections- but the challenges that lie ahead are not to be underestimated. Between now and the next general polls in 2015, far-reaching electoral, political and economic reforms are needed to help consolidate the modest gains made in 2011 and launch the country on the path of lasting and sustainable electoral change.

Al-Amin Kimathi and four others were freed at the start of their trial which began on Monday 12th Sept.

Amnesty International’s Africa Deputy Programme director Michelle Kagari commented that the release was ‘long overdue’.

NGO Director Al-Amin Kimathi was arrested along with Kenyan lawyer Mbugua Mureithi en route to Uganda last September. Both men had been planning to attend the trial of six Kenyans who had been arrested for their involvement in a bomb attack in Kampala last July. The attack targeted a group watching the 2010 football World Cup final, killing 76 and injuring many more.

Whilst Mureithi was released after three days and deported back to Kenya, Kimathi was held without contact for six days before being indicted with terrorism and murder on 21 September.

Kimathi, head of the Muslim Human Rights Forum and an active human rights advocate, was held for almost a year in pre-trial detention. During this time no specific evidence pertaining to his involvement in the bombings was ever produced by the Ugandan authorities.

Kagari confirms that this ‘strongly suggests that the terrorism charges were simply a pretext to detain him for carrying out his human rights work.’

Authorities deported and restricted the work of human rights activists, lawyers and organisations such as Amnesty in monitoring the case against Kimathi and his treatment whilst imprisoned.

Following his release, it has been reported that Kimathi may sue for wrongful arrest.