Corporate accountability in South Africa: Sharpening the role of criminal law
Authors John Paul Ongeso
Affiliations: Post-doctoral Research Fellow at the South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC), University of Johannesburg, South Africa
Source: South African Journal of Criminal Justice, Volume 29 Issue 3, p. 225 – 246
South Africa’s Criminal Procedure Act 51 of 1977 adopts a derivative model of establishing corporate liability. This article argues that this model has a number of limitations that render it ineffective for corporate accountability for serious human rights violations and crimes. It considers an alternative model of non-derivative criminal liability and discusses how this may apply to the South African context through its inclusion in the Act. This article also draws from legislative schemes in the United Kingdom and Australia that have incorporated non-derivative models for corporate criminal liability.