HSF Submission: Discussion Paper on Non-Trial Resolutions for Crimes of Corruption

The Helen Suzman Foundation (HSF) has made submissions in response to the South African Law Reform Commission’s Discussion Paper 165, which proposes that South Africa adopt a statutory regime of non-trial resolutions (NTRs) for certain crimes of corruption by corporate entities and individuals. NTRs come in many forms but they are all agreements between a would-be corruption accused and the state which trade-off criminal liability for: (i) cooperation in further investigation of the crimes at issue, (ii) a negotiated financial penalty, and (iii) reshaping a would-be accused’s behaviour to prevent future corruption. HSF argued that NTRs are premature in South Africa until the National Prosecuting Authority (NPA) has strengthened its capacity to incentivise NTRs that prioritise the public interest. However, if a statutory NTR regime is introduced in the short term, HSF argues that NTRs should be subject to rigorous judicial oversight and strict conditions with the starting point being the NPA’s current policy framework on NTR’s.

HSF’s full submission can be read here.

The Discussion Paper can be read here.