oa Comparative and International Law Journal of Southern Africa - Divestment in the United States: trust law and the law of charities

Volume 23, Issue 1
  • ISSN : 0010-4051



In this article the question whether anti-South African divestment by private (as opposed to public) fiduciaries is legal, is investigated in view of the obligations American law imposes on such fiduciaries. Some writers have argued that in most cases decisions to divest, when they are costly, involve a transgression of the standards of conduct applicable to those who administer the particular funds concerned. Others, however, lean in the opposite direction, and argue that decisions to divest from some or any South African related investments - even when costly - more often than not are within the scope of the discretion of fiduciaries. The merits of these different views are investigated.

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