Corporate accountability in times of transition: the role of restorative justice in the South African Truth and Reconciliation Commission

Abstract

ABSTRACTConsensus is building around the need for transitional justice to secure redress for corporate human rights abuses. However, there has been less scrutiny of the transitional justice mechanisms to be deployed in pursuit of corporate accountability. This article therefore questions the extent to which truth commissions and restorative justice theory can serve the aims of corporate accountability in the context of transitional justice. To do this, the article examines the Business Hearings held by the South African Truth and Reconciliation Commission, in particular focusing on the interactions between the Congress of South African Unions and Anglo American Corporation. The findings reveal how the rhetoric of restorative justice was used as a basis for reintegrating business into post-apartheid South Africa, whilst denying the need for reparations. The article concludes by addressing key lessons learnt, and warns against relying on truth commissions as a basis for delivering corporate accountability w...