The prevention of unconscionable abuse of the separate personality of the company through corporate governance, business ethics and ubuntu

There seems to be a disconnection between South Africa's transformative Constitution and the canons of private law which had been shaped, particularly through our Roman Dutch tradition and then adulterated by decades of apartheid. Ubuntu has been far less welcomed in the field of private law than public law.1 Davis affirms that Ubuntu and private law remain a bridge away.2 If a company’s shareholders are shielded from both financial and ethical liability, and the corporation as a fictional legal ‘person’ does not have a psychology amenable to moral regulation, that leaves only the real human beings within organisations.3 At the heart of this problem of violation is said to be how to achieve a balance between the power of companies and their proper accountability.

Grantor dc:publisher.institution

Universty of the Western Cape

Year dc:date.issued

2024

Author dc:creator

• Mkwanazi, Thabiso

Advisor dc:contributor.advisor

• Olivier, Etienne

• Abuse
• Corporate governance
• Business ethics
• Ubuntu
• Legal personality

Licence

• https://uwcscholar.uwc.ac.za/bitstreams/f9e77a2a-9aac-4adf-b11a-7fb119f850eb/download