SA’s judiciary has been held in high regard for much of our democratic era. Compared to the other two arms of government, the judiciary has on many occasions been the last line of defence. Who can forget the Constitutional Court ruling of 2017 when parliament was found to have reneged on its duty to hold then president Jacob Zuma, head of the executive, to account for the Nkandla scandal.
The apex court went on to make recommendations for parliament to formulate appropriate oversight mechanisms, especially in politically sensitive matters. Regardless of this there is a continuing tussle between the application of formulated parliamentary rules and the sheer power of party parliamentary majority. The admirable response of the Constitutional Court to the recommendations of the then public protector, Prof Thuli Madonsela, to establish a commission of inquiry to investigate corruption involving Zuma and the Guptas also comes to mind.
Then deputy chief justice Raymond Zondo took on this mammoth task with admirable resolve in the face of massive political pressure. The results of the commission are there on record, waiting for concomitant action. However, despite the gallant efforts of the Zondo Commission, action has not been concomitant but instead far less that the seismic shaking of our political environment demanded by the state capture report.
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When the explosive historic media conference held by KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi in July 2025 indicated it was not only politicians who were tainted, but the police and the entire justice system, we were shocked. Mkhwanazi’s presentation seemed to be deliberately exaggerated but it had a strong reliance on available evidence, something often lacking in political addresses.
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