Corporate Criminal Liability in South Africa
The Need to Look Beyond Vicarious Liability
Bibliographic Data
| ID | 16767682 |
|---|---|
| Authors | Constantine Ntsanyu Nana (corresponding author) |
| Year | 2011 |
| Volume | 55 |
| Issue | 1 |
| Pages | 86-104 |
| Publication date | 2011-04-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of African Law (JOURNAL) |
| Journal identifiers | ISSN: 0221-8553 • E-ISSN: 1464-3731 |
| Publisher | Cambridge University Press (PUBLISHER • US) |
| DOI | 10.1017/s0021855311000040 |
| OpenAlex | W2139586761 |
| Language | EN |
| References cited | 11 |
Corporate criminal liability is a problematic concept, especially where it is based on an exceptionable principle such as vicarious liability. This is the case with the South African model. This article seeks to demonstrate that this model requires substantial modification because it compels the court to adopt the incoherent exercise of holding a corporation (which is a distinct person) liable for the intentional act (crime) of any of its agents, whether or not there is criminal intention on the corporation's part and whether or not it was aware of, or could have prevented the commission of the offence. It is submitted that it is more appropriate to hold a corporation liable only where it has been established that the course of conduct that resulted in the offence was encouraged or tolerated by persons who embody the corporation (usually sufficiently empowered managers or members of the board of directors)
Business · Commission · Corporate governance · Corporate law · Corporation · Criminal law · Criminal liability · Liability · Limited liability · Limited liability partnership · Political science · Strict liability · Tort · Vicarious liability · Finance · Law · Law, Economics, and Judicial Systems · Legal Issues in South Africa · Legal principles and applications
| Highly cited | No |
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