South Africans are increasingly losing faith in one of democracy’s most important institutions, the justice system, as a steady stream of judicial misconduct cases, corruption scandals, disciplinary proceedings, and governance failures continues to erode confidence in the rule of law.
From the fallout of State Capture and the impeachment of former judge Dr John Hlophe to recent recommendations by the Judicial Service Commission (JSC) to suspend Eastern Cape Judge President Selby Mbenenge following findings of gross misconduct, the country’s legal fraternity has found itself under relentless scrutiny.
The growing crisis of confidence is reflected in the latest Afrobarometer findings, which show that public trust in the courts has steadily declined since 2011. The 2021 survey marked the first time that a majority of South Africans expressed distrust in the judiciary, with 53% saying they trusted the courts “just a little” or “not at all”, compared with 43% who said they trusted them “somewhat” or “a lot”.
Trust in the courts now trails confidence in institutions such as public broadcasters, the health ministry, and the military. The survey also found that South Africans experiencing higher levels of poverty and those with lower levels of education were significantly less likely to trust the judiciary.
