Faculty of Commerce, Management and Law

School of Business Management, Governance & Economics

Department of Public Management and Political Studies
The State in Africa (PSA 3771)

2024

Student Name Talah Shiwayu

Student Number 221020241

Cellphone Number +264812008136

Email [email protected]

Campus Main Campus

Course Code & Name 12BPMM Bachelor of Public Management (Honours)

Lecturer Name Mr Rui Tjitende

Module Name Module Code

The States in Africa PSA 3771

Assignment no

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The Criminalization of Politics in Africa: A Critical Analysis of Uganda

1. Introduction

This essay seeks to find out if the argument presented by Bayart, Ellis and Hibou (1999)
that the state in Africa appears to have gravitated from a Kleptocracy to a Felonious state
by proposing six indicators of the criminalization of politics finds its meaning in Uganda a
postconial state in Africa. With specific reference to the six theoretical tenets, namely;
corruption, nepotism, abuse of power, electoral illeguralities, suppression of dissent and
state capture. The essay critically applied this framework and whether the la politique du
ventre applies in Uganda. Central to this essay is the salient arguments postulated by
Chabal and Daloz (1999) and Mbembe (2015).

2. Criminalization of Politics in Africa

What characterizes a 'criminalized' form of politics is the extent to which a public official
uses his or her power for personal gain, to the extent that said legitimate means and ends
are totally displaced by interest in the procurement of material wealth and security for the
political 'king' and his inner circle (Khisa, 2020). The law is manipulated in order to protect
their actions, and any public resources are treated as the spoils of a war which has pitted
the current political leadership against the various segments of the dominated population.
This can be achieved in various ways, ranging from the creation of an oligarchical one-
party state, to military or 'bureaucratic-authoritarian' forms of rule (Abrahamsen &
Bareebe, 2021). The divide between 'legal' and 'illegal' activities becomes increasingly
obscured and the laws themselves are bent around the personal will of the leader, as
Uganda's history from independence to the present day illustrates. In order to understand
criminalized state in Africa, one must examine changes in the political arena since
independence. Independence brought upheaval as the new African elite sought to displace
colonial structures. National unity and economic security led to a powerful state apparatus.
However, abuse of power by post-colonial leaders blurred personal and public interests.

3. Jean-François Bayart, Stephen Ellis & Béatrice Hibou's 'The Criminalization of

the State in Africa'

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Africa is not homogeneous. However, their assumptions and ideas are relevant to all post-
colonial African states. They discuss a concept of 'extraversion' using the past states of
Nigeria and Senegal as illustrations. They observed that these states are considered atypical
of Africa, being relatively stable and well-studied. Their idea of extraversion is essentially
a reversal of the inward-looking development of Europe, claiming African states are locked
into a specific system of dependencies between the 'inside' ruling elite and the 'outside'
masses foreign interests. These states are heavily influenced by the world system. Their
political class emerged as an intermediary between global interests and society at large.
This is primarily done through a rent system, where money is exchanged for a service or
good and is the dominant form of accumulating wealth in this type of state. The ruling class
does not seek to increase production and the economy, but to extract resources from abroad
and maintain the current system. Henceforth, there is little correlation between society and
the state. This rent-seeking creates a mentality of 'it is our turn to eat' and produces
clientelist networks, often forming neo-patrimonial states and creating internal conflicts
between political factions. They emphasize that this 'extraversion' has ultimately led to the
decay of the public sector throughout Africa. With the global economy in constant flux,
this has led to situations where the rulers' inability to adapt to change leads to them
repeating the same actions expecting different results (Veenendaal & Corbett, 2020). For
example, taking loans from different governments with no clarity on the repayment plan
(Veenendaal & Corbet, 2020). Should the money not come through, they allow the state to
be squeezed by debt and inflation, compromising the socio-economic rights of the citizens.

4. Patrick Chabal and Jean-Pascal Daloz's 'Africa Works: Disorder as Political

Instrument'

Chabal and Daloz's book, “Africa Works: Disorder as Political Instrument,” takes a
contrarian standpoint to that of Bayart, Ellis and Hibou's, “The Criminalization of the State
in Africa.” They argue that the criminalization of the state is merely a symptom of a much
deeper problem in African states (Chabal & Daloz, 1999). It can be argued that the lack of
structure in African states is not a new development, in fact, it is a leftover aspect from the
colonization era. The detrimental consequences suffered in African states as a result of
colonization is a theme that runs through the literature of many Africanist writers.

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Fundamentally, Chabal and Daloz (1999) claim that what we are witnessing in African
states today is merely an evolution of the state that was imposed upon them by colonizing
powers. They put it that dysfunction is not a deviation in Africa, rather it is the norm.

Their argument itself is cloaked in political concepts of structuralism and instrumentalism

of development. They argue that in a neo-Weberian sense, African leaders constantly
attempt to recreate patron-client networks that reflect that of the western state system;
however, they are faced with the lack of means to do so. Gaining access to the wealth of
resources available, the system of neopatrimonial develops as a means to exchange
personal favors for goods, circumventing the formal structures and institutions in place.
Imposing a structure on disorder, Chabal and Daloz (1999) suggest, has only led to African
leaders 'transcending beyond incompetence' and purposefully using disorder as a political
instrument. This insightful analysis is a perfect framework in which the phenomenon of
disorder and criminalization can be seen in some African states.

5. Achille Mbembe's 'On the Postcolony'

Mbembe (2015) argues that the horizon for all political action and the key force in the post
colony is survival. This survival is in a restricted and often miserable state of living;
however, it is the strategies to achieve this survival which place the neopatrimonial elites
as sole collective actors. The strategies employed are those for the accumulation of
resources which are no longer plentiful due to the global factors' control and changes to the
mode of production. An important aspect to this survival for elites is that of "remaining in
history" and thereby becoming autonomous from the global factors (Mbembe, 2015). This
attempts to create a political space; however, it is often a simulation of the political culture
and the strategies no longer differentiate between the social realm and the economic. This
has increased the private appropriation of public resources and is relative to the mode of
predation.

Mbembe (2015) denotes the principal issue concerning Africa as that of the lack of the
"political" within the absolute sense of the word. The shortage of a clear and defined
political culture and method in Africa he feels is epitomized by the phenomenon of

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"disorder" in African political affairs. In the post colony, the "disorder" takes on a sort of
neopatrimonial culture whereby the neopatrimonial elites are the "sole collective actor"
and "function as both owners and impotent trustees" who are subject to the global factors.
In relation to the criminalization of politics, it is interesting to note the similarity between
the neopatrimonial political culture and the concept of a criminal organization.

6. Analysis of the Criminalization of Politics in Uganda

Political criminalization is the specific use of state institutions and/or resources for personal
gain. It occurs when an individual or a network acquires illicit benefit or greater influence
in a state's decision making, to the detriment of the values or the direction of the state.
Since its independence from British rule in 1962, Uganda has had only two presidents.
Both Milton Obote and Idi Amin never relinquished power and instead governed for life,
creating a culture of patronage democracy which has persisted into the present day. It is
suggested that the longer an individual is in power, their impunity and immunity to political
crime increases, building out a culture in which it is legitimate for the ruling elite. This
concept is known as the culture of impunity and is believed to have developed significantly
in the last 40 years of Ugandan history. The movement from one-party authoritarian rule
to multiparty democracy in 2005 has not been sufficient in producing a consensually agreed
rule of law and pacted transition to a new political culture. Instead, the ruling NRM has
repressed its political opposition and failed to move out of traditional patrimonial forms of
governance (Okafor, 2023). This is particularly evident in the 2010 and 2011 riots in
regards to the Kabaka and riots in the Walk to Work campaign, in both cases the
consequences from the ruling government prevailed in a defeating of the opposition,
sparking increased corruption and malpractice (Okafor, 2023). This evidence suggests that
the political criminalization in Uganda may now be worse than any other time in its history.

6.1 Indicator 1: Corruption

Generally, corruption can be defined as the abuse of public office for private gain. It is the
single most important indicator of the criminalization of politics. Governments are deemed
legitimate because they are expected to further the interests of the public as a whole. When

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officials feather their own nests, the nature of the regime mutates from public service to a
criminal organization. There are many different types of corruption, but the most damaging
is "grand corruption," where the decisions and actions of high-level officials are influenced
by illegal bribes or kickbacks. This has been prevalent in Uganda with the most infamous
example being the budgeting by government and rebel army of 6 million US dollars, from
money earmarked for the fight against AIDS. This money was used to purchase arms which
were then sold to another war-torn African country. It should also be noted that in the
theoretical debates on the subject of corruption, it is argued that a lack of transparency and
accountability are the facilitators of corruption. In Uganda, this has been true, however, it
does not mitigate the effects of corrupt actions (Busingye et al., 2024). An attempt to cure
the more direct symptoms of corruption with the creation of an "anti-corruption court" was
a failure, with the court's integrity being compromised from the outset, as there were
allegations that the judges had been handpicked by the executive (Zimmermann & NYU,
2023). This was supported by the fact that the court's first case, in which the DPP appealed
for the release of already convicted higher-level officials of the executive, on the grounds
that there was not enough evidence, further implicated the court in the corruption it was
supposed to be trying (Zimmermann & NYU, 2023). Steps such as these proceedings to be
a solution to corruption have only led to more of the same.

6.2 Indicator 2: Nepotism

In political terms, nepotism is often a desperate measure by the current political elite to
secure a better future for their kin, having lost faith in the ability of their party or
government to shape the nation for the better. The term could be defined as efforts by
public officials in government to alter the formal provisions and administrative
enforcement of laws and regulations to yield the maximum financial return.” This has
manifested itself in the frequent altering of laws to ensure that a position within government
is well paid, and little effort has been made to deny the allegations that in doing so they
had their own pockets in mind.

Nepotism has been a feature of government everywhere, but in Africa, it is perceived as a

massive public abuse. One reason is that given the low wages provided for politicians and
a general awareness of corruption in the third world, many Africans assume that parliament

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is simply a haven where one can get rich by hooking up their relatives with general jobs at
the taxpayers' expense. This could result in gross overpayment and superfluous posts for
underqualified people. This has been evidenced by the lack of productivity within the
Ugandan public sector from an absence of employees and even with apocryphal evidence
like the "ghost teachers" paid to sector primary education.

6.3 Indicator 3: Abuse of Power

Criminalization of the State in postcolonial Africa, particularly with reference to Uganda,

refers to instances where those in positions of authority misuse their power for personal
gain or to suppress dissent. This abuse often manifests through corruption, political
repression, and human rights violations. In Uganda, this indicator can be seen through
President Yoweri Museveni’s prolonged rule since 1986, characterized by allegations of
electoral fraud, crackdowns on opposition figures and media freedom, as well as the
excessive use of force by security forces against civilians. The concentration of power
within the ruling party has led to a lack of accountability and transparency, enabling the
entrenchment of authoritarian practices that undermine democratic principles and
perpetuate a culture of impunity.

6.4 Indicator 4: Electoral Irregularities

In Uganda, there are numerous instances of electoral irregularities which have been used
to manipulate the outcome of elections in order to prolong the ruling government's stay in
power. Often, ruling parties manipulate the legal framework to suit their objectives and to
ensure requirements for a free and fair election are not met. An example of this in Uganda
is seen in the 2005 UPFMA (Uganda Peoples Defence Forces Members of Parliament) Act.
This act provided for the representation of army representatives in parliament; however, it
contains provisions restricting the participation of some political parties, effectively
negating the principle of free and fair elections by law.

Electoral irregularities happen when the electoral procedure and the basis upon which
choices are made are modified by the people in power in such a way that the results are
unfair or biased in their favor. It is a significant abuse of human rights violations in some
instances, giving rise to crimes against humanity. An election is a competitive process

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where political parties or candidates seek the mandate of the electorate and where voters
decide which party or candidate will represent them and govern. It is critical to understand
that the fundamental principle behind elections is that the authority of a government is
derived from the will of the people. In actuality, Uganda's political leaders have failed to
recognize this. They regard the holding of elections and referendums as the culmination of
an electoral process.

6.5 Indicator 5: Suppression of Dissent

Citizens' ability to act in spite of dissident preferences could be referred to as political

efficacy. When citizens' political efficacious decision is to dissent, the incumbents' reaction
often seeks to increase the cost of opposition. How effectively they do this is an important
determinant of the political freedom in that society. Raising the cost of dissent has relative
deprivation effects on the populace at large since their ability to voice their grievances has
been compromised (Kakuba, 2021). Incumbents use various means of increasing the cost
of dissent, commonly used strategies are repression and restriction. Repression involves
the use of force to control or prevent the public from voicing its dissent. Steps taken to
ensure civil society does not stray into political activity that could damage the government,
restriction of political space, pressure and surveillance on the opposition, and elimination
of other forms of dissent by targeting intelligentsia are the key areas of interest (Kakuba,
2021). Force can involve beatings and arrests, but also murder and torture of people seen
to be expressing anti-government sentiment. These strategies are varied in effectiveness
and the relative cost may have different effects in different countries according to the
political culture and the type and scope of the dissent that it seeks to repress. In Uganda,
the following methods have been employed to suppress dissent see (Kakuba, 2021).

6.6 Indicator 6: State Capture

State capture refers to the efforts of firms to shape the laws, policies, and regulations of the
state to their own advantage by providing illicit private gains to public officials (Cvetičanin
et al., 2024). This is done through bribery, but also through subtler forms of influence or
exchange, such as the promise of lucrative post-public employment, enhancement of
political funding, or legislative support for a particular policy in exchange for campaign

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assistance (Cvetičanin et al., 2024). What is common to all these activities is that the
officials and the interest providers are engaged in a mutually advantageous exchange of
legal and illegal goods to the serious detriment of the general public.

A study that focuses on the effect of state capture in transition countries used surveys of
firms to determine if they had contact with a public official and whether they provided side
payments. The results showed that firms that had frequent contact with public officials
were more likely to report informal payments for a variety of services. It further revealed
that the firms with frequent contact were able to avoid price controls and entry restrictions
into markets to a greater extent than other firms, due to the fact that the regulations were
beneficial to the firms concerned and detrimental to public welfare. This confirmed that
the capture of regulatory agencies and its implications are a form of rent-seeking, with
detrimental effects on public welfare.

In the extreme case, state capture can result in the interests of a small minority being
enforced upon the majority, which is the situation in which the welfare implications
become most severe. Capturing a regulatory agency has implications which are similar to
those of a legislative body, though the effects are often more far-reaching. Regulatory rules
or rulings may restrict entry into a particular market, or certain investment behavior, in a
way that is profitable to the firm providing the inducement, but at a net cost to society. If
this behavior is repeated over a wide range of firms and industries, net outcomes can be
similar to capture of legislative behavior, if regulation has largely been determined by
legislative directives.

7. La Politique du Ventre in Postcolonial Uganda

By analyzing of class and forms of exploitation in contemporary Uganda, the La Politique

du Ventre finds its meaning, as the characteristic form of 'primitive accumulation' by the
political class since independence and it is around this that the level of criminality and
degeneracy of politics in Uganda has largely revolved. Drawing on Max Weber's idea of
patrimony, they describe the advent of each new government as a scramble for control over
the public purse and facilities, by a new set of clients and cronies seeking to acquire means

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of extraction of material resources from the state, with which to further their own sectional
interests. Additionally, they argue that graft, patronage and corruption are rife as the new
rulers seek to create a state in their own image, to service their needs and those of their kith
and kin, as the acculturation of codes of behaviour and tolerance of corrupt practices
percolates down through the different levels and sectors of public administration. They
further contends that it effectively amounts to forms of surplus extraction from the peasants
and working population to finance the expansion of the political elite's 'comfortable form
of life'. This battle around state resources culminates in the open and blatant plundering of
the state by outgoing or displaced political elites, as they attempt to maximize their resource
capture before the next set takes over.

Despite the apparent disjuncture between political leadership and practices of corruption,
the narrow focus on the ruling junta and the opposition in the critique is often misleading
(Kjær & Katusiimeh, 2021). The dominant class of any country is the political class and
political leaders and parties in Uganda - at all levels - are among the most rapacious,
exploitative and corrupt elements within civil society. Moreover, the last two decades have
seen increased blurring and intertwining of public and private sectors at all levels which
has facilitated these practices. So, it can be argued without much exaggeration, that the
entire period since the NRM came to power has been an era of political criminality in
Uganda. An era where all categories of political office holders, from ministers down to LC
officials, have taken to manipulating state institutions and resources for private ends and
engaging in various forms of graft, patronage and rent seeking to supplement their meager
official incomes (Kjær & Katusiimeh, 2021; Khisa, 2020).

8. Conclusion

Based on the argument presented in this study, there is no doubt that the state in Africa in
post colonial era have gravitated from a Kleptocracy to a Felonious state as put forward by
Jean-François Bayart, Stephen Ellis and Béatrice Hibou. This could be seen in the six
proposed indicators of the criminalization of politics in Sudan dating back from the tenure
of the first president. Moreover, the framework presented in this study regarding Uganda
shows that the la politique du ventre applies in Uganda. Furthermore, it is without doubt
that the salient arguments postulated by Chabal and Daloz (1999); Mbembe (2015) speaks

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to the current realities not only in Uganda but in other postconial states in Africa. The
presence of corruption, state capture, electoral illeguralities amongst others in Uganda is
what makes it a Felonious state. Hence adherence to the rule of law is the only way out.

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