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<\/p>\nRabia Mayet | rabiamayet@radioislam.co.za<\/p>\n
21 May 2026<\/p>\n
3-minute read<\/p>\n
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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\u2019s constitutional democracy.<\/p>\n
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, \u201cthe executive branch of government is deliberately seeking to undermine the courts,\u201d he says.<\/p>\n
The courts are essential in running a country and to keep the constitution \u201cvibrant and strong\u201d. 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 \u201cthe shining lights\u201d of consistency and commitment to the values of the constitution have been the courts. \u201cCorruption, abusive power, and violent crime\u201d will spiral out of control if criminals are not dealt with and brought to trial, he emphasizes.<\/p>\n
Professor Corder refers to the Jacob Zuma era as \u201cnot a good period\u201d in South Africa\u2019s history. Politicians and public figures should not utter anything against the constitution and the judges to create suspicion in the public\u2019s minds.<\/p>\n
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 \u201cdeny the courts their fair share.\u201d<\/p>\n
Institutional weakening can happen slowly and can subtly undermine judicial independence. Politicians and public figures are aware of their standing in the public\u2019s eyes thus they become cognisant of the consequences of their actions and are more cautious about insisting on applying the law. \u00a0Prof Corder says that \u201cthe public should retain confidence in the courts\u201d and should not subject them to \u201cirresponsible criticism.\u201d<\/p>\n
Education is key in strengthening the judiciary, Professor Hugh Corder concludes, as is the support of the public. \u201cThere\u2019s a massive workload out there,\u201d and to avoid judges \u201cbuckling under pressure,\u201d more lawyers, judges and magistrates are needed to keep the system running smoothly.<\/p>\n