Multinational Company Litigation

Abstract

Jason Brickhill and Zanele Mbuyisa review the current state of play in South Africa in terms of the imposition of civil liability on multinationals for human rights abuses. They outline the rules on jurisdiction over claims by foreign claimants and corporations and potential causes of action under common law, statute, and the Constitution. Specific consideration is given to the potential influence on the development of South African law of recent English law decisions on parent company liability. By reference to the goldminers’ silicosis and the Kabwe lead poisoning cases, they highlight the value to victims of the relatively recent developments of class actions in South Africa and the rules on discovery and damages. In terms of access to justice, they consider the receptiveness of the judiciary to public interest litigation and the key provisions relating to prescription and costs and funding, including by litigation funders.