State-Own-Company, Transnational Corporations, and Implications on the RTD in South Africa: Transnet and Mckinsey Case Studies
摘要
Recognised in the United Nations Declaration on the Right to Development (1986) and article 22 of the African Charter, the right to development (RTD) encompasses a plurality of rights, including civil, political, and socioeconomic rights. South Africa ratified the African Charter in 1996 and is bound by the RTD, through Chap. 2 of its Constitution. The State’s involvement in one of the largest corruption scandals, State Capture, revealed its failure to uphold the RTD. Although the State violated this right, RTD, a transnational corporation (Mckinsey and Co) operating in South Africa, also violated the RTD. This chapter seeks to examine and deconstruct the phenomenon of State Capture, the involvement of McKinsey and Co, and its implication on the right to development (RTD) in South Africa. The firm was implicated in facilitating illegal enrichment for the benefit of individuals (notably the Guptas) while generating excessive profit by overcharging the South African state-owned freight rail and port operator, Transnet. By highlighting McKinsey’s central role in violating the RTD in South Africa, the chapter concludes with policy recommendations to prevent future abuses.