Abstract
Abstract:Whilst corporate activities have many advantages, the fact that there may be adverse violations of human rights associated with it cannot be ignored. The Constitution of South Africa of 1996 has enshrined human rights in the Bill of rights and every natural and juristic person must respect those rights. However a significant question arises concerning the responsibility parent companies have for their subsidiaries. Our Criminal Procedure Act 51 of 1977 which does not recognise parent and subsidiary relationships has contributed greatly to parent companies being able to be absolved from responsibility for the actions of their subsidiaries. The main aim of this dissertation is to come up with solutions to fill the gap of corporate criminal liability that has been created by our legislatures. Contributing to this gap has been the principles of limited liability and separate personality which have led to a situation where the parent companies have become difficult to hold accountable. However this dissertation will demonstrate that there are approaches that could be developed to circumvent the principles and hold the parent company criminally liable.
LL.M.(Corporate Law)