Anti-corruption and Judiciary Excellence: The Role of Transformational Leadership

Anti-corruption and Judiciary
Excellence: The Role of
Transformational Leadership
FRANCIS STEVENS GEORGE
ANTI-CORRUPTION AND JUDICIAL EXCELLENCE SEMINAR:
OSLO NORWAY
MONDAY 25TH AUGUST 2014. OSLO. NORWAY

The Focus of the Presentation
How
Transformational
Leadership
contributes to
combating
Corruption and
enhancing Judicial
Excellence.
Transformational
Leadership
Anti-corruption
Judicial
Excellence

The Plan
Brief 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 NOTE
Interchange 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 Corruption
Definition, Scale and
Types of Corruption

Corruption Definition
In philosophical, theological,or moral discussions, corruption is spiritual or moral
impurity 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.

Types
Petty 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.
Bribery
Embezzlement, theft and fraud
Extortion
Abuse of discretion
Favouritism, nepotism and
clientelism
Conduct creating or exploiting
conflicting interests
Improper political contributions

Judicial ExcellenceJudicial Excellence

Judicial Excellence
WHAT 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.
http://thenationonlineng.net/new/achieve-judicial-
excellence/
http://www.peoplesdailyng.com/nigerias-judiciary-a-
case-for-transparency-and-excellence/

Systemic ViewSystemic View

A systemic View of Corruption
If 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 Raising
Training on ethics and behaviour
Building a culture of non tolerance
Prevention
Admin rules
Separation of functions
Conflict of interest rules
Access to Information
Prosecution &
Sanctions
Investigation of cases
Disciplinary measures
Criminal Sanctions
Detection
Internal control
Compliance mechanism
Whistle blower protection
Leadership
&
Management
Leadership
&
Management
Leadership
Judicial
Excellence
Transformational
Leadership

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
Engagement
Active Citizen
Engagement
VisionVision

What is
Transformational
Leadership
“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 Transformational
Leadership
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 Leadership
Transformational 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 Leaders
Nelson Mandela
Nasser
Reagan
Gobachev
Mao
Stalin

Transactional Vs Transformational
Transactional 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).

Transformational
Leadership in
Combating Corruption

Points
The 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 Leadership
The 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
Sector
Trust 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 Excellence
WHAT 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 Excellence
Four 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 Excellence
Four 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 topic
A 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 Excellence
Transformational
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 Away
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 (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 the
society. They can serve as symbols of
the moral unity of the society. They
can express the values that hold
society together. Most important, they
can concieve and articulate goals that
lift people out of their petty
preoccupations, carry them above the
conflicts that keep a society apart, and
unite them in pursuit of objectives
worthy 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

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Anti-corruption and Judiciary Excellence: The Role of Transformational Leadership