The Systemic Failure of Justice in South Africa
- The Justice Desk Team
- Apr 11
- 3 min read
Justice is the bedrock of any democracy. It is the mechanism by which societies protect their most vulnerable and uphold the rule of law. However, when a justice system fails in its duty to protect and deliver fair outcomes, it does not just betray victims it fractures the very fabric of our nation. The recent developments in high-profile cases, including the trial of Timothy Omotoso, as well as the tragic cases of Alu from Matatiele and Cwecwe from Bergview College, highlight the deep-rooted inefficiencies and injustices that perpetuate cycles of violence and impunity.
In recent years, South Africa has witnessed egregious failures of the justice system, leaving survivors of violence and their families in a perpetual state of pain and disillusionment. The case of Timothy Omotoso, a well-documented example of judicial delay and systemic inefficiency, highlights the failures of a system that too often places the burden on victims rather than perpetrators. After years of legal battles, numerous delays, and procedural inefficiencies, justice remains elusive. This failure is not merely administrative, it is deeply moral, as it signals to victims of abuse that their suffering is secondary to legal technicalities.
Similarly, the cases of Alu and Cwecwe from Matatiele are tragic reminders of how the system continually fails to protect and serve justice for the youth of this nation. Alu’s case reflects a growing pattern in which young people, often Black, often from marginalised communities are victims of violence, yet their cases receive inadequate attention from law enforcement. Cwecwe’s case, rooted in the education sector, underscores the institutional failures that enable abuse and discrimination to persist in spaces meant to uplift and protect.
The justice system, which should serve as a guardian of human rights, has instead become a barrier to justice itself. Survivors and families seeking accountability are forced to navigate a labyrinth of delays, inadequate investigations, and court proceedings that favour those with resources over those in need of protection. Justice cannot be delayed indefinitely, nor can we accept a system that only functions selectively.
South Africa’s justice system has, for far too long, operated under a veil of selective accountability. Cases that should demand urgency and decisive action are often met with inaction or deliberate procedural delays. We have witnessed a recurring theme: when the victims are women, children, or individuals from disadvantaged backgrounds, justice is neither swift nor guaranteed.
The handling of these cases raises an uncomfortable truth: justice in South Africa is not blind. It is burdened by socioeconomic and gender biases, allowing powerful perpetrators to manipulate the system while stripping victims of their right to fair and timely recourse.
Justice Desk Africa calls for:
Urgent Judicial Reform: We demand a legal system that prioritises the rights of victims over procedural delays. The drawn-out Omotoso case is a glaring example of how justice delayed is justice denied.
Survivor-Centered Legal Proceedings: The process must be restructured to protect and uplift survivors rather than retraumatizing them. Testimonies should not be subjected to endless cross-examination without accountability for perpetrators.
Proactive Prevention of GBV: The murders of Alu and Cwecwe must serve as a turning point. The government must take stronger action in implementing early intervention policies to identify and respond to threats before they result in loss of life.
Accountability for Judicial Failures: The public has lost trust in a system that protects abusers over survivors. We demand an independent review of judicial conduct in cases of gender-based violence and sexual offences to ensure that the judiciary is held accountable when it fails the people it serves.
Justice Desk Africa will not remain silent while countless women and children fall victim to a broken system. We will continue to advocate for survivors, demand accountability from those in power, and push for urgent reform. Justice should not be a privilege, it must be a right, accessible to all.
Issued by the Justice Desk Africa Advocacy Department
