The King Reports and the common law in South Africa
Journal of Global Responsibility
ISSN: 2041-2568
Article publication date: 27 May 2020
Issue publication date: 20 July 2020
Abstract
Purpose
This paper aims to discuss the King Reports and Codes and the development of South Africa’s common law. The role of developing the common law is explicitly recognised in the Constitution, as is the obligation to give effect to the spirit, purport and objects of the Bill of Rights. With decisions of the Supreme Court of Appeal being based on the King Code, the King Code is now an integral part of South Africa’s common law.
Design/methodology/approach
When the task team drafting King IV commenced their work, one of the important issues raised with Mervyn King, as Chairman, was the challenge to ensure that King IV was aligned to the now firmly entrenched common law principles taken from King I, King II and King III. It is believed that this has been achieved and it is hoped that King IV (and the subsequent King Reports that will inevitably follow because the corporate milieu keeps changing) continues to enrich South Africa’s common law.
Findings
The King Reports and Codes have been made part of South Africa’s common law.
Originality/value
This paper fulfils an identified need to study the King Report and Code, as it relates to South Africa’s common law.
Keywords
Citation
Judin, J.M. (2020), "The King Reports and the common law in South Africa", Journal of Global Responsibility, Vol. 11 No. 2, pp. 167-172. https://doi.org/10.1108/JGR-10-2019-0093
Publisher
:Emerald Publishing Limited
Copyright © 2020, Emerald Publishing Limited