An environmental analysis of the privilege against self- incrimination as a potential problem for environmental liability: with particular reference to corporations.
Shabalala, Sibusiso Godfrey.
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This paper is divided into two parts, namely, Part I- deals with two important concepts, namely, the Development of Corporate Criminal Liability (Chapter Two) and the Development of the Corporate Environmental Crime (Chapter Tltree). Part II- deals with the Privilege Against Self- Incrimination as a potential evidential problem in Corporate Environment Criminal Liability (Cltapter Four). Chapter Five deals with recommendations and suggestions to our Environment Criminal Liability. Our Final Constitution had massive impact m the different fields of law, and environmental law ,vas not an exception to these developments. One such development or should be termed as a problem, in the context of this paper, is the privilege against self- incrimination afforded to corporate offenders in terms of our Final Constitution. As a result this paper undertakes an environmental analysis on how the privilege, if extended to corporations, may pose an evidential problem in corporate environment criminal prosecution against corporate offenders. Thus a comparative study is also undertaken with an objective of viewing how other jurisdictions dealt with this issue, and also to recommend suggestions to our country on how to deal with this matter. By way of conclusion it is suggested that our judiciary, if the matter do end up in court, should clarify vividly whether the privilege is extended to corporations or not. This matter, it is suggested, should be decided from an environmental law perspective and not from a criminal law perspective.