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Anti-corruption and Judiciary Excellence: The Role of Transformational Leadership. How Transformational Leadership contributes to combating Corruption and enhancing Judicial Excellence.
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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.
MONDAY 25TH AUGUST 2014. OSLO. NORWAY
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
MONDAY 25TH AUGUST 2014. OSLO. NORWAY
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
MONDAY 25TH AUGUST 2014. OSLO. NORWAY. FRANCIS STEVENS GEORGE
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.
MONDAY 25TH AUGUST 2014. OSLO. NORWAY
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.
MONDAY 25TH AUGUST 2014. OSLO. NORWAY
BriberyEmbezzlement, theft and fraudExtortion Abuse of discretion Favouritism, nepotism and clientelism Conduct creating or exploiting conflicting interestsImproper political contributions
Judicial ExcellenceJudicial Excellence
MONDAY 25TH AUGUST 2014. OSLO. NORWAY. FRANCIS STEVENS GEORGE
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
MONDAY 25TH AUGUST 2014. OSLO. NORWAY
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.
http://thenationonlineng.net/new/achieve-judicial-excellence/
http://www.peoplesdailyng.com/nigerias-judiciary-a-case-for-transparency-and-excellence/
Systemic View Systemic View
MONDAY 25TH AUGUST 2014. OSLO. NORWAY. FRANCIS STEVENS GEORGE
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.
MONDAY 25TH AUGUST 2014. OSLO. NORWAY
Systemic View-Elements of an Anti Corruption Strategy
MONDAY 25TH AUGUST 2014. OSLO. NORWAY
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
MONDAY 25TH AUGUST 2014. OSLO. NORWAY
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
MONDAY 25TH AUGUST 2014. OSLO. NORWAY. FRANCIS STEVENS GEORGE
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).
MONDAY 25TH AUGUST 2014. OSLO. NORWAY. FRANCIS STEVENS GEORGE
4 Elements of TransformationalLeadership
Individualized Consideration
Intellectual Stimulation
Inspirational Motivation
Idealized Influence
MONDAY 25TH AUGUST 2014. OSLO. NORWAY. FRANCIS STEVENS GEORGE
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.
MONDAY 25TH AUGUST 2014. OSLO. NORWAY. FRANCIS STEVENS GEORGE
The Required Characteristics for Transformational Leaders
MONDAY 25TH AUGUST 2014. OSLO. NORWAY. FRANCIS STEVENS GEORGE
• 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.
MONDAY 25TH AUGUST 2014. OSLO. NORWAY. FRANCIS STEVENS GEORGE
Examples of Transformational LeadersNelson Mandela
Nasser
Reagan
Gobachev
Mao
Stalin
MONDAY 25TH AUGUST 2014. OSLO. NORWAY. FRANCIS STEVENS GEORGE
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).
MONDAY 25TH AUGUST 2014. OSLO. NORWAY
Transformational Leadership in Combating Corruption
MONDAY 25TH AUGUST 2014. OSLO. NORWAY. FRANCIS STEVENS GEORGE
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.
MONDAY 25TH AUGUST 2014. OSLO. NORWAY
Ethics and Transformational LeadershipThe ethics of leadership rests upon three pillars:
MONDAY 25TH AUGUST 2014. OSLO. NORWAY
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
MONDAY 25TH AUGUST 2014. OSLO. NORWAY
Transformational Leadership and Judicial Excellence
MONDAY 25TH AUGUST 2014. OSLO. NORWAY. FRANCIS STEVENS GEORGE
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
MONDAY 25TH AUGUST 2014. OSLO. NORWAY
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.
MONDAY 25TH AUGUST 2014. OSLO. NORWAY. FRANCIS STEVENS GEORGE
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
MONDAY 25TH AUGUST 2014. OSLO. NORWAY
Wrap Up
MONDAY 25TH AUGUST 2014. OSLO. NORWAY. FRANCIS STEVENS GEORGE
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.
MONDAY 25TH AUGUST 2014. OSLO. NORWAY. FRANCIS STEVENS GEORGE
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”
MONDAY 25TH AUGUST 2014. OSLO. NORWAY
What is
Leadership?
What is
Leadership?
MONDAY 25TH AUGUST 2014. OSLO. NORWAY. FRANCIS STEVENS GEORGE
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
MONDAY 25TH AUGUST 2014. OSLO. NORWAY. FRANCIS STEVENS GEORGE
This is Leadership
MONDAY 25TH AUGUST 2014. OSLO. NORWAY. FRANCIS STEVENS GEORGE
Business or Non-
Business
Environment
Leadership
Individual
potential
Organization
Back to Square 1!
MONDAY 25TH AUGUST 2014. OSLO. NORWAY. FRANCIS STEVENS GEORGE
Source: mbatalks.com
A final word
Setting an example is not the main means of influencing another, it is the only means.
(Albert Einstein)
MONDAY 25TH AUGUST 2014. OSLO. NORWAY. FRANCIS STEVENS GEORGE
End. Thank You
MONDAY 25TH AUGUST 2014. OSLO. NORWAY. FRANCIS STEVENS GEORGE