CHAPTER ONE

GENERAL INTRODUCTION

1.1 Introduction

As the Cameroon Society develops there has been the tendency for more people to get involved in activities, notable in the commission of offenses against the Property of the state. As such, there has been the need to protect the property of the state by the use of the law.

Therefore, the aim of the legislator and the law is to create and punish a series of such offenses committed against state property. The type of property protected has been defined by the legislator and the law.

Some of the offenses created and punished by Cameroonian law are the misappropriation of public funds punished under section 184 of the Cameroon Penal Code (CPC): Damaged to the public or protected properly punished under Section 187 CPC.

Misappropriation of Attached Property Punished under Section 190 CPC and finally state land by the land Tenure Ordinance No 74 – 1 of 6 July 1974 which establish rules governing land tenure.

Amongst all the offenses the most serious and common is the misappropriation of public funds. It is seen as an evil, which has gone deep into the bone and marrows of many Cameroonians, as some of them have become recidivists and habitual offenders.

This obscure act is very prevalent nowadays because of the desire to achieve a high standard of living. Misappropriation of public funds has been taken to be a profession by some Cameroonians and some even pursue it on a day-to-day basis.

Most people even devote time planning and misappropriating public funds and they even try to corrupt the law enforcement agencies when found guilty of the offense. Some even go as far as (especially the well to – do persons) misappropriate public funds by manipulating computer science they consider themselves as above the law.

A good example is the situation of 2006 where a high-ranking member of the ruling political party is misappropriated XAF 13 billion and in March 2008 the former secretary of state for Public works embezzle USD millions in forestry.

Several other high ranking officials are still waiting for the court routing: for example former Economy and Finance Minister, Polycarp Abah Abah and former Public Health Minister, Urbain Olanguena Awono, and Marafa Amidou Yaya the former Minister of Territorial Administration and Decentralization who was arrested on allegations of fraud, corruption and embezzling public funds.

Continuous misappropriation of public funds has led to the breach of trust by some of our authorities and has facilitated corruption in the country. However, given the complete natures of our society, it has become necessary for the rule of law to regulate the activities of citizens, which influence our daily lives.

Laws are revised to counter the alarming rate of misappropriation of public funds and more anti-corruption resources have been committed in recent years which have led to a number of initiatives, such as the establishment of the National Anti – Corruption Commission (CONAC) in March 2006.

The law does not only punish offenses against state property. It punishes offenses against private property such as theft punished under section 318 CPC, Destruction punished under section 316 CP Intangible properties is also protected for instance intellectual property like the photocopying of a book without the author’s authorization and finally immovable property is also protected.

Conclusively, the aim of the law is to ensure that one’s property rights are not infringed so that he or she can always exercise and enjoy rights over such property.

1.2 Statement of the Problem

Misappropriation of state land and state property has been a major problem in our country today. This can be seen in the cases reported on corruption and embezzlement of public funds and state properties which has led to a high rate of corruption and embezzlement in the country thereby tarnishing the image of the country as Cameroon is seen as one of the main countries practicing and embezzlement in the world.

The above-mentioned problem is a result of the fact that Cameroonian law has failed to protect state property by failing to put in place instruments to enforce its laws governing the protection of state property which has been a call for concern.

1.3 Objective of the Study

1.3.1 General Objective

To examine the protection of state property under Cameroonian law

1.3.2 Specific Objectives

1. To analyze what are state properties and their importance
2. To examine the origin of Cameroonian law
3. To propose policy recommendations for the protection of state property under Cameroonian law.

1.4 Research Methodology

This work depends on the primary and secondary sources of information.

Under the primary sources of information, this study has used legislation, case law while under secondary information, this study made use of textbooks, articles, internet sources that are related to the study.