Tag: Garth Duncan

If there is one thing organisations know well, it is that disputes are expensive. The expense extends beyond legal fees. It also includes management time, damaged relationships and strategic distraction. A supplier dispute that should take weeks can consume months of senior attention. For multinationals juggling cross-jurisdictional matters, the logistical burden alone can dwarf the value of the underlying claim.

White-collar crime in Africa is no longer a predominantly domestic concern. It has expanded onto an international stage, and so has the corporate exposure that comes with it. As capital crosses borders, data moves at the speed of light, and corporate structures become more complex, economic crime has kept pace. It has become more sophisticated, more multinational and increasingly difficult to investigate and prosecute within the confines of a single legal system.

South Africa's Constitution is clear and unambiguous. Every person has the right to resolve disputes through the application of law. A fair and public hearing must adjudicate these disputes before a court or, when appropriate, an independent tribunal or forum. This right is more than a procedural safeguard; it is a core principle enshrined in the constitutional framework.