UK Bribery Act 2010: implications for business in Africa
International Journal of Law and Management
ISSN: 1754-243X
Article publication date: 4 February 2014
Abstract
Purpose
This article aims to examine some of the implications of the UK Bribery Act (UKBA) 2010 for business in Africa and reviews the effectiveness of strategies African governments have adopted to prevent bribery. The author proposes the development of a bespoke anti-bribery management system (ABMS) based on empirical research. This would help African institutions overcome some of the challenges associated with enforcing regulatory measures formulated in developed countries.
Design/methodology/approach
The paper takes the form of a literature review and commentary.
Findings
The UKBA has extra-territorial jurisdiction which empowers UK courts to prosecute cases of bribery committed abroad by UK companies and their associates. The risk of prosecution is likely to affect foreign direct investment and official development aid flows to Africa. However, companies can escape prosecution if they can prove that they have adequate procedures in place to prevent bribery. This raises the question as to whether the legislation shifts the responsibility of fighting bribery to under-resourced overseas business partners and supply chains. While most African governments have adopted robust anti-bribery laws, their enforcement is hampered by weak institutions.
Research limitations/implications
Empirical research is required to assess the impact of the legislation over the next five years.
Practical implications
African organisations must be sensitised about the consequences of violating the UKBA to ensure they adopt appropriate anti-bribery strategies.
Originality/value
This article contributes to literature by exploring the development of evidence based ABMS for African organisations which is currently lacking.
Keywords
Acknowledgements
The author would like to thank all those who assisted her during the writing of this article. The author is very grateful to Professor David Lewis at Middlesex University for reading the manuscript and making suggestions for improvements. The author appreciates the constructive comments made by the anonymous reviewer which have contributed to the improved quality of the revised article. All views expressed are those of the author. An earlier version of this article was presented at the Business Ethics Network (BEN-Africa) Conference in Zanzibar in November 2011.
Citation
Lagu Yanga, M. (2014), "UK Bribery Act 2010: implications for business in Africa", International Journal of Law and Management, Vol. 56 No. 1, pp. 3-28. https://doi.org/10.1108/IJLMA-12-2012-0040
Publisher
:Emerald Group Publishing Limited
Copyright © 2014, Emerald Group Publishing Limited