Corporate criminal liability : is it time to say goodbye to vicarious liabity and hello to corporate ethos?

Abstract: In many countries across the world, the concept of corporate criminal liability has remained a complex term to understand. South Africa follows the nominalist theory to corporate law and as a result, the model adopted by the South African legislature is based on vicarious liability. This dissertation will analyse section 332(1) of the Criminal Procedure Act 51 of 1977 and consider whether or not the aforementioned section will pass constitutional muster. This dissertation will seek to demonstrate that section 332(1) is inconsistent with the supreme law of the Republic and that this infringement cannot be justified in terms of the limitation clause contained in the constitution. It is submitted that section 332(1) should be severed in such a manner in which the corporation will be given an opportunity to raise a defence. Alternatively section 332(1) should be repealed in its entirety and replaced with the organisational model as adopted in Australia. If one of these approaches is adopted, South Africa’s approach to corporate criminal liability will be valid and thus constitutional.LL.M