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The South African bread cartel: a single case study exploring the scope for responsive regulation of white-collar crime in a developing country

Criminology traditionally focused on street crimes. In 1939, Sutherland introduced the concept of white-collar crime, which encouraged criminologists to turn their attention to crimes of the rich and powerful. In particular, Australian researcher John Braithwaite has produced a large body of work on...

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Main Author: Patel, Varsha
Other Authors: Van Der Spuy, Elrena
Format: Thesis
Language:English
English
Published: Department of Public Law 2025
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access_status_str Open Access
author Patel, Varsha
author2 Van Der Spuy, Elrena
author_browse Patel, Varsha
Van Der Spuy, Elrena
author_facet Van Der Spuy, Elrena
Patel, Varsha
author_sort Patel, Varsha
collection Thesis
description Criminology traditionally focused on street crimes. In 1939, Sutherland introduced the concept of white-collar crime, which encouraged criminologists to turn their attention to crimes of the rich and powerful. In particular, Australian researcher John Braithwaite has produced a large body of work on white-collar crime. Braithwaite is critical of the professionalisation of criminology that marginalises the community from regulatory activities. Braithwaite argues that the business and community sectors should play a more significant role in regulating white collar crime within conventional justice systems. According to Braithwaite, community activists and industry watchdogs can play a role in holding white-collar criminals accountable and possibly elicit restorative overtures for victims. Braithwaite acknowledges that his model is ideally suited to a developed state with the financial resources and skills to establish and oversee alternative processes. However, he suggests that his model can be adapted to developing spaces by leveraging the capacity embedded in business and community sectors and augmenting deficiencies by partnering with international groups. Recently, the actions of a whistle-blower, supported by civil society mobilisation, exposed the South African Bread Cartel and led to hefty fines for the cartelists, legislative amendments and the development of class action jurisprudence. The bread cartel case demonstrates how communities can contribute to regulating cartels. This dissertation is a single case study of the bread cartel that investigates whether responsive regulation finds resonance in South Africa. Several semi-structured, in depth interviews were conducted. The data was analysed thematically and explored themes like industry bodies, community activism and restorative justice. The findings are surprising. The success of the South African Bread Cartel seems almost accidental. The relationships between and the normative values of the state, business and community sectors appear to influence the scope for responsive regulation. In addition to capacity constraints across sectors, contextual factors like historical legacies and the size and shape of the economy may determine the scope for responsive regulation of white-collar crime in a developing country like South Africa. Such findings provide a map to guide future research.
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institution University of Cape Town (South Africa)
language English
eng
last_indexed 2026-06-10T12:34:08.683Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2025
publishDateRange 2025
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spelling oai:open.uct.ac.za:11427/41240 The South African bread cartel: a single case study exploring the scope for responsive regulation of white-collar crime in a developing country Patel, Varsha Van Der Spuy, Elrena White-collar crime cartels regulation responsive regulation capacity whistle-blower industry bodies community activism restorative justice and developing countries Criminology traditionally focused on street crimes. In 1939, Sutherland introduced the concept of white-collar crime, which encouraged criminologists to turn their attention to crimes of the rich and powerful. In particular, Australian researcher John Braithwaite has produced a large body of work on white-collar crime. Braithwaite is critical of the professionalisation of criminology that marginalises the community from regulatory activities. Braithwaite argues that the business and community sectors should play a more significant role in regulating white collar crime within conventional justice systems. According to Braithwaite, community activists and industry watchdogs can play a role in holding white-collar criminals accountable and possibly elicit restorative overtures for victims. Braithwaite acknowledges that his model is ideally suited to a developed state with the financial resources and skills to establish and oversee alternative processes. However, he suggests that his model can be adapted to developing spaces by leveraging the capacity embedded in business and community sectors and augmenting deficiencies by partnering with international groups. Recently, the actions of a whistle-blower, supported by civil society mobilisation, exposed the South African Bread Cartel and led to hefty fines for the cartelists, legislative amendments and the development of class action jurisprudence. The bread cartel case demonstrates how communities can contribute to regulating cartels. This dissertation is a single case study of the bread cartel that investigates whether responsive regulation finds resonance in South Africa. Several semi-structured, in depth interviews were conducted. The data was analysed thematically and explored themes like industry bodies, community activism and restorative justice. The findings are surprising. The success of the South African Bread Cartel seems almost accidental. The relationships between and the normative values of the state, business and community sectors appear to influence the scope for responsive regulation. In addition to capacity constraints across sectors, contextual factors like historical legacies and the size and shape of the economy may determine the scope for responsive regulation of white-collar crime in a developing country like South Africa. Such findings provide a map to guide future research. 2025-03-25T10:44:23Z 2025-03-25T10:44:23Z 2024 2025-03-25T10:42:22Z Thesis / Dissertation Masters MA http://hdl.handle.net/11427/41240 en eng application/pdf Department of Public Law Faculty of Law University of Cape Town
spellingShingle White-collar crime
cartels
regulation
responsive regulation
capacity
whistle-blower
industry bodies
community activism
restorative justice and developing countries
Patel, Varsha
The South African bread cartel: a single case study exploring the scope for responsive regulation of white-collar crime in a developing country
thesis_degree_str Master's
title The South African bread cartel: a single case study exploring the scope for responsive regulation of white-collar crime in a developing country
title_full The South African bread cartel: a single case study exploring the scope for responsive regulation of white-collar crime in a developing country
title_fullStr The South African bread cartel: a single case study exploring the scope for responsive regulation of white-collar crime in a developing country
title_full_unstemmed The South African bread cartel: a single case study exploring the scope for responsive regulation of white-collar crime in a developing country
title_short The South African bread cartel: a single case study exploring the scope for responsive regulation of white-collar crime in a developing country
title_sort south african bread cartel a single case study exploring the scope for responsive regulation of white collar crime in a developing country
topic White-collar crime
cartels
regulation
responsive regulation
capacity
whistle-blower
industry bodies
community activism
restorative justice and developing countries
url http://hdl.handle.net/11427/41240
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