Abstract
With the growing emphasis on corporate responsibility regarding human rights, businesses are recognised as key actors in shaping ethical governance. South Africa occupies a unique position due to its apartheid legacy, however, South Africa’s current legal instruments do not adequately address corporate human rights obligations. Although progress has been made, South Africa still faces challenges in meeting international standards and ensuring that corporate human rights responsibilities do not remain theoretical but are effectively implemented. This minor dissertation critically assesses the extent that South African corporate law aligns with international human rights standards. The study employs a qualitative doctrinal and comparative analysis approach to capture the similarities and differences between legal frameworks, with the aim of identifying sound findings and potential bases for reform. The research reveals a substantial gap in South Africa’s corporate accountability mechanisms, despite the South African Constitution of 1996’s foundational role in promoting and protecting human rights. Key findings of this study include the absence of express provisions to ensure enforcement of corporate responsibility, the need for human rights education initiatives, as well as the lack of clear provisions in the Companies Act of 2008 that address corporate human rights responsibilities. This study therefore contributes to scholarly understanding of the intersection between constitutional and company law, highlights the avenues for legal reform and interacts with debates on corporate accountability regarding human rights.