Rabia Mayet | rabiamayet@radioislam.co.za

21 May 2026

3-minute read

While South Africa grapples with serious allegations of corruption, the Madlanga Commission, and criminal charges involving senior figures in law enforcement, the weakened judiciary has come under political attack, raising concerns about the country’s constitutional democracy.

Prof Hugh Corder, Emeritus Professor of Public Law at the University of Cape Town, makes the point that South Africa is a law-based society that requires its courts to be properly resourced and financed by the budget. Unfortunately, “the executive branch of government is deliberately seeking to undermine the courts,” he says.

The courts are essential in running a country and to keep the constitution “vibrant and strong”. Separation of power, where there are those who make up the laws i.e. parliament, and those who draw up the policies and administer them i.e. the executive branch of government, and finally the judiciary. Prof Corder says that “the shining lights” of consistency and commitment to the values of the constitution have been the courts. “Corruption, abusive power, and violent crime” will spiral out of control if criminals are not dealt with and brought to trial, he emphasizes.

Professor Corder refers to the Jacob Zuma era as “not a good period” in South Africa’s history. Politicians and public figures should not utter anything against the constitution and the judges to create suspicion in the public’s minds.

The professor clarifies that underfunding of the judiciary is a consequence of inefficiency and corruption, particularly when so many other departments are also clamouring for funds. However, this does not give the executives the right to “deny the courts their fair share.”

Institutional weakening can happen slowly and can subtly undermine judicial independence. Politicians and public figures are aware of their standing in the public’s eyes thus they become cognisant of the consequences of their actions and are more cautious about insisting on applying the law.  Prof Corder says that “the public should retain confidence in the courts” and should not subject them to “irresponsible criticism.”

Education is key in strengthening the judiciary, Professor Hugh Corder concludes, as is the support of the public. “There’s a massive workload out there,” and to avoid judges “buckling under pressure,” more lawyers, judges and magistrates are needed to keep the system running smoothly.

Listen to the full interview with Ml Habib Bobat and Professor Corder here.