anti-corruption and judiciary excellence: the role of transformational leadership

Anti-corruption and Judiciary Excellence: The Role of Transformational LeadershipFRANCIS STEVENS GEORGE

ANTI-CORRUPTION AND JUDICIAL EXCELLENCE SEMINAR:

OSLO NORWAY

MONDAY 25TH AUGUST 2014. OSLO. NORWAY

The Focus of the PresentationHow

Transformational Leadership

contributes to combating

Corruption and enhancing Judicial

Excellence.


Transformational Leadership

Anti-corruption

Judicial Excellence

The PlanBrief definition of Corruption, Scale and Types

Brief look at Judicial Excellence

Anti-corruption Model-A Systemic View

What is Transformational Leadership

How does such leadership contributes to combating corruption

How such leadership enhances Judicial excellence

Wrap Up-Take Away


Please NOTEInterchange terms Anti corruption and Governance

My models, concepts and discussions takes into account that Nigeria is a country in transformation-Transformation Economy

I am not a LAWYER!

MONDAY 25TH AUGUST 2014. OSLO. NORWAY. FRANCIS STEVENS GEORGE

Definition, Scale and Types of CorruptionDefinition, Scale and Types of Corruption


Corruption DefinitionIn philosophical, theological,or moral discussions, corruption is spiritual or moralimpurity or deviation from an ideal

Corruption occurs when an office-holder or other governmental employee acts in an official capacity for personal gain

Corruption is the illegitimate use of public power to benefit a private interest

Therefore

Definitions applied to corruption vary from country to country in accordance with cultural, legal or other factors and the nature of the problem as it appears in each country. Concepts may also vary from one time period to another, particularly in recent decades, which have seen much thinking and theorizing about corruption.

Thus corruption should be understood as a collection of phenomena.

It then follows that understanding corruption requires an understanding not only of the individual phenomena, but also how they are related, and that such a general understanding is critical to developing effective control strategies.


TypesPetty Corruption

Grand Corruption: defined as corruption occurring at the highest levels of government in a way that requires significant subversion of the political, legal and economic systems. Such corruption is commonly found in countries with authoritarian or dictatorial governments but also in those without adequate policing of corruption.

Systemic: (or endemic corruption) is corruption which is primarily due to the weaknesses of an organization or process. It can be contrasted with individual officials or agents who act corruptly within the system.Factors which encourage systemic corruption include conflicting incentives, discretionary powers; monopolistic powers; lack of transparency; low pay; and a culture of impunity.

“Active” and “passive” corruption:In discussions of transactional offences such as bribery, "active bribery" usually refers to the offering or paying of the bribe, while "passive bribery” refers to the receiving of the bribe.


BriberyEmbezzlement, theft and fraudExtortion Abuse of discretion Favouritism, nepotism and clientelism Conduct creating or exploiting conflicting interestsImproper political contributions

Judicial ExcellenceJudicial Excellence


Judicial ExcellenceWHAT IS IT

Adhering to high standards of integrity, honesty and fairness

Possess Judicial Temperament( civility, coutesy, dignity, patience, tact, understanding, compassion and a personality free from arrogance, bias and prejudice)

Judges are role models in the profession

Ability to communicate (must not only do justice, but must communicate with all participants, giving the sense that justice was done)

World Life Experiences

Legal Experience

Accountability, Decisiveness and ability to manage cases and court room

NIGERIA


National Judicial Council (NJC), to the need for a reform in the sector to achieve judicial execellence

Reform should focus on attaining transparency and merit, especially in the appointment of judges.

http://thenationonlineng.net/new/achieve-judicial-excellence/

http://www.peoplesdailyng.com/nigerias-judiciary-a-case-for-transparency-and-excellence/

National Judicial Council (NJC), to the need for a reform in the sector to achieve judicial execellence

Reform should focus on attaining transparency and merit, especially in the appointment of judges.







Systemic View Systemic View


A systemic View of CorruptionIf you take the systemic approach to anti corruption, then Leadership plays a critical role

Prevention is both “situational” and “social”

In transformation societies, the struggle against

corruption must be understood as part and parcel

of the larger challenge of building the political,

legal and moral order necessary to satisfy the

needs of a complex economy and pluralist society.


Systemic View-Elements of an Anti Corruption Strategy


Awareness RaisingTraining on ethics and behaviour

Building a culture of non tolerance

PreventionAdmin rules

Separation of functions

Conflict of interest rules

Access to Information

Prosecution & Sanctions

Investigation of cases

Disciplinary measures

Criminal Sanctions

DetectionInternal control

Compliance mechanism

Whistle blower protection

Leadership&

Management

Leadership&

Management

Leadership

Judicial Excellence

TransformationalLeadership

Governance Framework


Reform Institutions,

Processes and procedures

Reform Institutions,

Processes and procedures

Leadership and Political

Will

Leadership and Political

Will

Reforms, Mindsets, Paradigms

and Behaviours

Reforms, Mindsets, Paradigms

and Behaviours

Active Citizen EngagementActive Citizen Engagement

VisionVision

What is TransformationalLeadership

“Transformational leadership is a type of leadership style that leads to positive changes in those who follow.” —psychology.about.com

“Transformational leadership is defined as a leadership approach that causes change in individuals and social systems.”– Wikipedia

“A style of leadership in which the leader identifies the needed change, creates a vision to guide the change through inspiration, and executes the change with the commitment of the members of the group.” — BusinessDictionary.com

Transformational leadership is that which:… facilitates a redefinition of a people’s mission and vision, a renewal of their commitment and the restructuring of their systems for goal accomplishment. It is a relationship of mutual stimulation and elevation that converts followers into leaders and may convert leaders into moral agents. Hence, transformational leadership must be grounded in moral foundations.

In the simplest terms, transformational leadership is a process that changes and transforms individuals (Northouse, 2001).


4 Elements of TransformationalLeadership

Individualized Consideration

Intellectual Stimulation

Inspirational Motivation

Idealized Influence


The degree to which the leader attends to each follower's needs, acts as a mentor or coach to the follower and listens to the follower's concerns and needs.

Such leaders encourage their followers to be innovative and creative. The leaders focus on the “what” in problems and do not focus on the blaming part of it.

The degree to which the leader articulates a vision that is appealing and inspiring to followers. Purpose and meaning provide the energy that drives a group forward.

The degree to which the leader acts as a role model for their followers. The foundation of transformational leadership is the promotion of consistent vision, mission, and a set of values to the members

Applying Transformational LeadershipTransformational leadership covers a wide range of aspects within leadership.Becoming an effective transformational leader is a process. According to Northouse (2001), a transformational leader has the following qualities:

Empowers followers to do what is best for the organization;

Is a strong role model with high values;

Listens to all viewpoints to develop a spirit of cooperation;

Creates a vision, using people in the organization;

Acts as a change agent within the organization by setting an example of how to initiate and implement change;

Helps the organization by helping others contribute to the organization.


The Required Characteristics for Transformational Leaders


• Ensure your organisation understand the rationale for the change or a change

Communicate

“why”

Communicate

“why”

• Show your commitment by changing how you behave

• Lead by example

• High morals

Model desired behaviours

Model desired behaviours

• Continuously look for ways to overcome inertiaReinforce change

Reinforce change

Why Transformational Leadership The missing ingredient in Africa as many say is Leadership. Very broad…what kind of leadership?

Transformational leaders are increasingly in demand due to

Globalisation

Transformation in economy and society

Serious challenges to reform institutions, break embedded practices

Demand for innovation

Transformational leaders have great potential to promote performance beyond expectations and to effect enormous changes within individuals and organizations. It appears to a be a form of leadership well-suited to these current times characterized by uncertainty, global turbulence and organizational instability.


Examples of Transformational LeadersNelson Mandela

Nasser

Reagan

Gobachev

Mao

Stalin


Transactional Vs TransformationalTransactional VS. Transformational

Leadership is responsive Leadership is proactive

Works within the organizational culture

Works to change the organizational culture by implementing new ideas

Employees achieve objectives through rewards and punishments set by leader

Employees achieve objectives through higher ideals and moral values

Motivates followers by appealing to their own self-interest

Motivates followers by encouraging them to put group interests first

Management-by-exception: maintain the status quo; stress correct actions to improve performance.

Individualized consideration: Each behavior is directed to each individual to express consideration and support.Intellectual stimulation: Promote creative and innovative ideas to solve problems.

TUESDAY 24TH JUNE 2014. OSLO. NORWAY

The Dark Side of Transformational Leadership

In fact, the greatest mass murderers were transformational leaders. On a short list of 20th Century leaders that wanted to transform people by killing them would be:

◦ Mao Tse Dung

◦ Joseph Stalin

◦ Adolf Hitler

◦ Pol Pot.

One-way to look at transformational leaders is who make a judgment on whether the changes they initiated made life better or worse. As one can see from the list above, change does not always mean the society prospers. Sometimes the transformational efforts lead to the destruction of those taking up the call. This is an important thing to understand about transformational leadership — sometimes these leaders do not always make things better —sometimes they can make things worse. Progress is not assured. (The Economist: The Idea of Progress).


http://www.economist.com/world/international/displaystory.cfm?story_id=15108593

Transformational Leadership in Combating Corruption


PointsThe role of leadership has been recognized by Bob Klitgaard, a renowned expert on anti-corruption

Revisit the Systemic elements of an Anti corruption Strategy

Leadership is central to effective and sustainable implementation of anti-corruption initiatives and at many times fighting corruption requires strong leader, with a moral character that is unquestionable.

Therefore, effective leadership [Transformational] is crucial not only for the reforming process in public administration, but also for high standard functions of public administration and nation.

The transformational leader’s characters such as confidence, empowerment, vision span; and good behavior – modest life, shared vision, and being a change agent, make him/her fit in addressing the issues and concerns corruption.


Ethics and Transformational LeadershipThe ethics of leadership rests upon three pillars:


The moral character of the

leader,

the ethical values embedded in the leader’s vision, articulation, and program which followers either embrace or reject,

the morality of the processes of social ethical choice and action that leaders and followers engage in and collectively pursue.

When transformational leadership is authentic, it is characterized by high moral and ethical standards in each of the above dimensions.

Transformational Leaders in the Public SectorTrust in this kind of leadership is high as people see in the leader the elements of good governance such as accountability, predictability, transparency, rule of law and participation.

They play a vital role in reforming public administration whether it is in institutions, mindsets, leadership, or engaging the citizens.

Reengineering triggers changes of many kinds of the job designs, organizational structures, and management systems – anything associated with process must be refashioned to fit with these erratic changes. The success of reengineering hinges on transformational leadership.

Transformational leadership is centered on the assumption that leaders can change followers’ beliefs, assumptions, and behavior by appealing to the importance of collective or organizational outcomes


Transformational Leadership and Judicial Excellence


Judicial ExcellenceWHAT IS IT

Adhering to high standards of integrity, honesty and fairness

Possess Judicial Temperament( civility, coutesy, dignity, patience, tact, understanding, compassion and a personality free from arrogance, bias and prejudice)

Judges are role models in the profession

Ability to communicate (must not only do justice, but must communicate with all participants, giving the sense that justice was done)

World Life Experiences

Legal Experience

Accountability, Decisiveness and ability to manage cases and court room


Transformational leadership as one of the components of ExcellenceFour interrelated transformational leadership components—idealized influence, inspirational motivation, intellectual stimulation, and individual consideration.

1. Building vision and goals.2. Providing intellectual stimulation.3. Offering individualized support.4. Symbolizing professional practices and values.5. Demonstrating high performance expectations.6. Developing structures to foster participation in decisions.

Source: Leithwood & Jantzi (2000)

Building ExcellenceFour Leadership Differentiators for Transformational Leaders

1. Purpose-Driven You motivate and inspire people with the strong sense of purpose you bring to the task at hand. You articulate a vision that connects the purpose of the organization to that of the people you lead. You have strong communication skills that engage people in the vision so that followers are willing to invest more discretionary effort in the work, are deeply engaged, no matter how challenging the task at hand.2. People-Driven You understand that each person is unique and play the role of mentor and coach to the people around you. You are empathetic and support the individual contributions of team members while at the same time challenging them to high standards. You understand the intrinsic motivations of others. This requires strong emotional intelligence.3. Innovating You are a change agent and encourage others to be the same. As you drive change, you provide intellectual stimulation, by encouraging curiosity, discovery, dialogue and debate so the best ideas can emerge. In the process, your people bring their full creativity and engagement to the process. You nurture and develop people who think independently and encourage risk taking and learning in the organization.4. Inspiring You instill trust. You role model integrity and ethical behavior. People understand your values and you walk the talk.


Relevance of the topicA country’s legal system—its laws and regulations as well as the processes and institutions through which they are applied—is vital for addressing corruption, just as it is for resolving civil conflicts, enforcing property rights, and defining the limits of state power.

Judicial reform. Enforcement of anti-corruption legislation requires an efficient, predictable, and accountable judiciary. Reform and modernization of judicial systems, however, is a relatively new are in development. We and other donors involved in this area have much to learn about which approaches to judicial reform work best and how best to link judicial reform to an anti-corruption strategy. Recent judicial reform programs supported by the Bank in Africa and Latin America, have focused on judicial independence (including the proper criteria for the selection and removal of judges, pay scales, training and judicial ethics); improved court administration and case flow management; procedural reform, including reducing ex parte communication between judges and litigants; better access to justice (through small claims courts, alternative dispute resolution, and legal aid); and legal education and bar entrance requirements. USAID


Wrap Up


Transformational Leaders drives Anti Corruption and Judical ExcellenceTransformational

Leadership Anti Corruption

value driven (e.g. have core values and congruent behaviour)

Strong role model

High expectations

Identify themselves as change agents

able to attract and inspire others

effective communicator

Courageous

sense of public need.

Judicial Excellence

value driven (e.g. have core values and congruent behaviour)

Visionary

strong role model

high expectations

identify themselves as change agents

able to attract and inspire others

effective communicator

emotionally mature

sense of public need.


Conclusion-Take AwayThe struggle against corruption must be understood as part and parcel of the larger challenge of building the political, legal and moral order necessary to satisfy the needs of a complex economy and pluralist society (Transforming Societies)

An independent and well functioning judiciary is crucial to this struggle. Judicial excellence becomes a must-ensuring that the judiciary performs to their highest level, with educational programs and other tools that enable them to perform at their highest level.

Then Leadership becomes critical.

What type of leadership is most suited

Transformationl has been widely agreed as necessary in “transforming societies”


What is

Leadership?

What is

Leadership?


What is Leadership

Leadership is influencing others by your character, humility, and example. It is recognizable when others follow in word and deed without obligation or coercion. Sonny Newman, president of contract manufacturer EE Technologies

Leadership is the ability to inspire motivation in others to move toward a desirable vision.

Leadership is a potent combination of strategy and character. But if you must be without one, be without the strategy. —Norman Schwarzkopf

It is better to lead from behind and to put others in front, especially when you celebrate victory when nice things occur. You take the front line when there is danger. Then people will appreciate your leadership.Nelson Mandela

Leaders have a significant role in creating the state of mind that is thesociety. They can serve as symbols ofthe moral unity of the society. They

can express the values that hold society together. Most important, theycan concieve and articulate goals that

lift people out of their pettypreoccupations, carry them above theconflicts that keep a society apart, and

unite them in pursuit of objectivesworthy of their best efforts.

John W. Gardner, No Easy Victories


This is Leadership


Business or Non-

Business

Environment

Leadership

Individual

potential

Organization

Back to Square 1!


Source: mbatalks.com

A final word

Setting an example is not the main means of influencing another, it is the only means.

(Albert Einstein)


End. Thank You


anti-corruption and judiciary excellence: the role of transformational leadership

Leadership & Management

systemic corruption

passive corruption

ideal corruption

endemic corruption

systemic view of corruption

types of corruption

oslo norway

personal gain corruption