Abstract
According to the law in South Africa as expressed in section 332 of the Criminal Procedure Act 51 of 1977, a fine is the only applicable sanction upon the conviction of a corporation. Whether this provision adequately and effectively hampers criminal misconduct is the focal point of this paper. The leniency of this provision and the shortfalls of the South African standpoint is challenged and it is advanced that this area of law must be reformed and developed. This dissertation therefore addresses the sentencing of corporations in South Africa and seeks to suggest that this leniency is unjustified and that there are other punitive options that may be used. Accordingly, a consideration of other jurisdictions will be undertaken, namely: Australia and United States of America. In these jurisdictions, a pool of punitive sanctions have been recommended. This dissertation attempts to arrive at the conclusion that fining, as the only sanction is inadequate, inappropriate and seeks to draw solutions from a comparative study into the legislative framework of two other jurisdictions.
LL.M. (Corporate Law)