Business Corruption

Because of the lack of a formal judicial system in most rural areas, disputes are typically handled by local chiefs, according to Freedom House 2011. Both the domestic and foreign business communities complain about the inefficiency of the judiciary. Companies have relatively low confidence in the enforcement of regulations and in the ability of the judiciary to make fair decisions. Indeed, enforcing commercial contracts is very cumbersome and it is not uncommon that the settlement of commercial disputes involves bribes. According to the World Economic Forum Global Competitiveness Report 2010-2011, companies identify a lack of judicial independence in Mali to constitute a competitive disadvantage.

The US Department of State 2010 reports that the government has created a new agency, the Centre for the Promotion of Industrial Property (CEMAPI), to implement the legal system of property protection. However, despite the establishment of this agency, property rights are not always protected. A recent example concerns a US herbicide manufacturer, which has been involved in a three-year legal battle in Malian courts with a Chinese company allegedly selling the same products under a different brand name. Despite a recent favourable ruling by the Supreme Court, the case was remanded to a lower court, and the outcome of the case remains unclear.

Political Corruption

According to the US Department of State 2010, the judiciary is subject to influence from the executive branch, despite the fact that it should be constitutionally independent. Corruption and limited resources have hampered the fairness of trials and there were reports of widespread of corruption and influence peddling in the courts.

The Heritage Foundation 2010 claims that property rights in Mali are not secured by the judiciary, which is subject to political interference.

Frequency

World Economic Forum: The Global Competitiveness Report 2010-2011:
- Business executives give the independence of the judiciary from influences of members of governments, citizens, or companies a score of 2.8 on a 7-point scale (1 being as 'heavily influenced' and 7 as 'entirely independent').

- Business executives give the efficiency of the legal system for private companies to settle disputes and challenge the legality of government actions and/or regulations a score of 3.4 and 3.6 respectively on a 7-point scale (1 being 'inefficient and subject to manipulation' and 7 'efficient and follows a clear, neutral process').

The World Bank & IFC: Doing Business 2011:
- Enforcing commercial contracts requires a small or medium-sized company to go through 36 procedures, taking an average of 620 days at an average cost of 52% of the claim.

The World Bank & IFC: Enterprise Surveys 2010:
- 48% of small companies, 16% of medium-sized companies and almost 37% of large companies find the court system fair, impartial and uncorrupted.

Afrobarometer: Summary of Results Mali 2008:
- 27%, 26% and 28% of respondents in this household survey considered some, most or all of the judges and magistrates to be corrupt, respectively.