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| Title: | Corporate homicide: what can South Africa learn from recent developments in English law? |
| Author: | Farisani, Dorothy |
| Year: | 2009 |
| Periodical: | The Comparative and International Law Journal of Southern Africa (ISSN 0010-4051) |
| Volume: | 42 |
| Issue: | 2 |
| Pages: | 210-226 |
| Language: | English |
| Geographic term: | South Africa |
| Subjects: | criminal law homicide enterprises jurisprudence |
| Abstract: | The increase in corporate activities in South Africa has been accompanied by an increase in the number of deaths of and injuries to employees in the workplace and people who, in most cases, receive services from the corporations responsible. Also, it is imperative to eliminate the tendency to regard deaths caused by corporations as mere accidents. Dealing effectively with corporations that cause deaths unlawfully is one of the challenges facing South Africa. Although corporate criminal liability forms part of South African law, the current legal position does not cater adequately or specifically for corporate killers. The author discusses the regulation of corporate criminal liability through a comparative study of the law in South Africa and the United Kingdom law, which has greatly influenced South African criminal law and which has well developed rules to regulate corporate homicide. The discussion covers the basis of liability, the mens rea of a corporation, the adequacy of criminal sanctions imposed on those who perpetrate corporate homicide, and problems encountered when implementing corporate criminal liability. The author concludes with a discussion of specific developments in English law from which South Africa may learn. Notes, ref., sum. [Journal abstract] |
