Exploring the constitutional impact of the incorporation of the Bill of Rights into the South African corporate law

Résumé

The supremacy of the Constitution requires that its values and principles be complied with to the extent of determining validity. Thus, failure to comply with this injunction renders any law or conduct invalid. Although the values and principles enshrined in the Constitution are largely discussed in the context of public law and private law, these principles and values, of course, also apply to corporate law. This article investigates the impact that constitutional principles have had on the South African corporate legal framework. The primary legislation in this regard is the Companies Act of 2008, which embodies provisions that guarantee respect for the stakeholders’ interests and the Bill of Rights in company operations. Those provisions are complemented by other extant pieces of legislation that recognise that the operational value of the corporate entity extends to all the stakeholders, including the environment.

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