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.
However, this does not diminish the crucial role played by the judiciary to promote accountability in parliament.
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.
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.
His ability to stay clear of politics elevated his address to demand the kind of attention deserved by a serious warning of the imminent collapse of our entire democracy.
From July, it has been revelation after revelation, showing the extent of the rot brought on by the conflation of politics, corruption and crime.
While in many communities there had been suspicions of the judiciary system being somewhat compromised, this had remained largely subdued.
Perhaps the justice system was simply less compromised when compared with the political class, which populates the executive and parliament.
However, it seems we are seeing more high-profile cases that demonstrate the extent of the rot that is found also within the judiciary system.
The urge to defend the judiciary from the allegations made by Mkhwanazi seems to be waning among many South Africans.
These are South Africans who placed massive trust in the judiciary.
The acquittal of pastor Timothy Omotoso, who was charged with rape, trafficking and racketeering earlier in 2025, was one high profile case that raised eyebrows.
What made this acquittal curious was that it was clearly fumbled by the prosecution after eight years of prosecution.
The prosecution failed to provide sufficient evidence, or to execute adequate cross-examination, and basically mishandled the whole case.
This left the judge in the case fuming as she could only limit herself to what was presented in court.
It also turned SA’s attention back to the NPA, which has been long embroiled in incapacity to deal appropriately with high-profile cases.
“The cross-examination was shallow and lacking the intention to uncover the truth.
“Similarly ineffectual and superficial was the cross-examination of [Lusanda Sulani and Zukiswa Sitho] that amounted to no cross-examination at all,” said judge Irma Schoeman, frustrated by the glaring and perhaps suspicious failures of the NPA.
The arrest of judge Portia Phahlane on charges of corruption pertaining to accepting bribes to the tune of millions lends weight to the perception that corruption has found a place even in the judiciary.
Seemingly, the judge was recruited months before she took up the case, if media reports are to be believed.
This makes the entire saga even more ominous because it suggests the entire case involving succession battles at the International Pentecostal Holiness Church (IPHC) was carefully planned and executed.
The mention of the name of deputy judge president of Gauteng, Aubrey Ledwaba, as the one who allocated the case to Phahlane is even more disturbing.
Ledwaba was mentioned at the Madlanga Commission as having received bribes to the tune of millions to allow bail for multiple murder accused, Katiso Molefe.
Chief justice Mandisa Maya must deal with these matters quickly and decisively to restore confidence in the judiciary.
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