Abstract
The fight against the misappropriation of public funds for private gain perpetrated by individuals, especially public servants, enjoys different degrees of commitment by different countries. The enactment of laws and establishment of institutional mechanisms towards this end are partly a reflection of the attainment of such mission and can also be the measure by which such a commitment can be assessed. Rated as one of the most corrupt countries in Africa by the global anti-corruption watchdog, Transparency International, the Republic of Cameroon recently enacted a law that created a Special Criminal Court. This comes as one of the most robust and significant legislative developments in the fight against misappropriation of public funds as its mandate is to bring to justice persons who cause loss of at least 50.000.000 CFA Francs [equivalent to about USD 100.000] relating to misappropriation of public funds and other related offences provided for in the Cameroon Penal Code and International Conventions ratified by Cameroon.’ This paper examines the offence of misappropriation of public funds, and looks at aspects of the Special Criminal Court as provided by the Law that established it as well as supplementary legislation enacted to address specific issues related to the Special Criminal Court as well as the offence for which individuals are prosecuted. As a bold step in fighting and defeating the ‘invisible enemy amongst us’ (that is, corruption), this paper argues that with such an institutional mechanism that has docked numerous top-notch politicians and former cabinet members for trial, it becomes an example to emulate and confirms that corruption can be fought if, and only when, the political will to do so is present. 
Highlights
On 14 December, 2011, Cameroon enacted a Law which established the Special Criminal Court.1 The SCC exercises exclusive jurisdiction over a specific class of offences committed across the national territory.2 In consequence, a number of arrests, prosecutions and convictions have taken place since this Law went into operation.Like previous legislative prescriptions, the Law does not make use of the word "corruption"
The mandate of the Special Criminal Court is to bring to justice persons who "cause loss of at least 50.000.000 CFA Francs relating to misappropriation of public funds and other related offences provided for in the Cameroon Penal Code and International Conventions ratified by Cameroon"
As a bold step in fighting and defeating the "invisible enemy amongst us", this paper argues that an institutional mechanism like the Special Criminal Court that has docked several top-notch politicians and former cabinet members for trial, is an example to emulate and confirms that corruption can be fought if and only if the political will to do so is present
Summary
On 14 December, 2011, Cameroon enacted a Law which established the Special Criminal Court (hereafter the SCC). The SCC exercises exclusive jurisdiction over a specific class of offences committed across the national territory. In consequence, a number of arrests, prosecutions and convictions have taken place since this Law went into operation. The Law does not make use of the word "corruption" Rather, it uses the formulation "misappropriation of public property", which is very similar in content to the offence of "misappropriation of public funds" as stipulated in Section 184 of the Penal Code.. This paper examines the offence of the misappropriation of public funds as stipulated in Section 184 of the Cameroonian Penal Code It delineates the Law which created the SCC which, with nationwide jurisdiction, has the mandate of prosecuting only specific categories of individuals: those who misappropriate public funds of a certain value (at least, 50.000.000 Francs CFA). It becomes necessary to have an insight into the offence of the misappropriation of public funds as defined in Section 184(1) of the Penal Code
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