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Public input sought on non-trial resolutions for corruption cases


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The South African Law Reform Commission is inviting public comments on the use of non-trial resolutions for corruption cases.

The Commission proposes that individuals or companies accused of corruption could admit responsibility without a formal finding of guilt. This is part of discussions on potential amendments to the Criminal Procedure Act.

Anti-corruption lawyer Colette Ashton emphasized that accountability should still be enforced.

“The South African Law Reform Commission is considering that in exchange for a finding of not guilty but responsibility, the implicated company or individual would have to pay substantial penalties and show genuine cooperation in handing over information to law enforcement that can be used in the investigation of high-level individuals, information that law enforcement agencies could never get without cooperation from the inside,” says Ashton.