As inquiries hear testimony of a possibly compromised judicary, a report has found South Africans have lost faith in the courts.
The judiciary is under scrutiny, with allegations made against top judges, public sentiment low, and most questioning its integrity.
A recent StatsSA report, the Governance, Public Safety and Justice Release, examined public trust in SA’s court system and found that only 21.3% of households surveyed believe that courts are not corrupt.
A mere 22.7% believe courts have a high rate of convictions, while 48.7% said courts passed sentences that were appropriate to the crime.
Less than half, 44,8%, of households were satisfied with how courts generally deal with perpetrators of crime.
Delayed justice
There was also frustration over how long it takes for justice to be served, with only 3.1% of households having been victims of crime where the perpetrator was incarcerated in the 2024/25 reporting period.
Cele’s frustration
Appearing before Parliament’s ad hoc committee investigating alleged corruption, political interference, and criminal collusion last week, former police minister Bheki Cele questioned the court system.
He acknowledged that accused persons had rights, but said the repeated release of suspects on bail was leaving police officers frustrated at having to repeatedly arrest the same people.
He highlighted how one alleged criminal, who faced a combined 43 charges relating to cash-in-transit heists, was released and arrested five times before finally being sentenced to life.
He claimed another suspect was released on bail after witnesses had testified to crimes which saw him facing a life sentence.
“That thing called bail is a mess. Some of the people he went after are those who gave evidence against him for him to get life. This is the animal called bail,” said Cele.
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Acting Judge President implicated at commission
Cele’s testimony came just days after Gauteng Acting Judge President Aubrey Ledwaba was accused of wrongdoing during testimony at the Madlanga Commission of Inquiry.
Witness A, whose identity has been withheld by the commission, claimed he heard from an informant that R2.5 million had been earmarked to secure bail for alleged crime kingpin Katiso ‘KT’ Molefe. Molefe was released on R100 000 bail by Ledwaba in June for the murder of Vereeniging engineer Armand Swart.
Ledwaba’s decision overturned a previous decision by the Vereeniging Magistrates’ Court denying Molefe bail.
The witness, however, did not know if this money was intended for Ledwaba or the Public Prosecutor.
An officer, only referred to as Witness B, later told the commission that they believed Ledwaba’s ruling was premeditated. They highlighted several instances in which the judge appeared to advocate for greater leniency and the easing of bail restrictions, even though Molefe’s counsel had already agreed to accept stricter conditions if imposed.
Ledwaba denied the allegations but refused to take special leave over the matter. He further expressed his willingness to testify at the commission.
Chief Justice Mandisa Maya said the claims had “yet to be tested and proved” and warned that they had the “potential of damaging the integrity of the judiciary.”
Maya said any person who had evidence of a judge’s misconduct should lodge a complaint against that judge with the Judicial Conduct Committee of the Judicial Service Commission (JSC).
In September, KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi told the commission that there were irregularities when Chief Magistrate Vusi Mahlangu granted bail to head of crime intelligence Lt-Gen Dumisani Khumalo.
‘Step back’
Judicial watchdog and advocacy group, Judges Matter, said it was concerned by the allegations and urged that both Ledwaba and Mahlangu take special leave.
“In Judges Matter’s view, and consistent with all previous cases where serious allegations are made against a judge, we would urge Judge Ledwaba to step back from his duties as Acting Judge President of the busiest High Court Division in South Africa now that these allegations have been made under oath at an official inquiry.
“While stepping back is by no means an admission of the credibility of the allegations, it is important to protect the dignity and integrity of the courts,” said the organisation’s Co-ordinator Alison Tilley.
Judges Matter also urged witnesses to “substantiate their statements with evidence, so that those implicated may deal with the allegations and the necessary authorities may take action.”
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Additional reporting by Jarryd Westerdale.
