A critical analysis of the current legal framework for the investigation and prosecution of white-collar crimes in South Africa.

Abstract

The concept of white-collar crime was first introduced by Sutherland in 1939 during his presidential address to the American Sociological Society. It refers to sophisticated offences typically committed by professionals occupying high positions of authority, both private and public. White-collar crime encompasses both common law and statutory offences, requiring a thorough analysis for informed decisions by courts and commissions globally. Each country, including South Africa (SA), has its own legal framework for addressing white-collar crimes. White-collar crime has been a longstanding issue in SA, with the courts recognising its prevalence. It is important to assess whether SA has the necessary resources, skills, and manpower to effectively address the increasing incidences ofwhite-collar crime. This study examined the current legal framework in place for investigating and prosecuting white-collar crime in SA. It considered the perspectives of the courts, prominent academics, and their recommendations on how society understands white-collar crimes, as well as the effectiveness of SA's legal mechanisms for addressing these crimes. The study also evaluated the need for improving the current legal framework and identified which components of the existing system could be improved. The study concluded by providing recommendations for improving the investigation and prosecution of white-collar crimes within SA's legal system, including suggestions for enhancing the existing legal framework.