STATEMENT ON THE STATE OF THE CRIMINAL JUSTICE SYSTEM AND THE IMPERATIVE FOR IMPARTIAL OVERSIGHT

The African Solidarity Civic Organisation (ASCO) notes with profound concern the increasingly public discord within South Africa’s criminal justice system. The succession of arrests, criminal investigations and serious allegations involving senior members of the South African Police Service, together with the evidence presently emerging before the Judicial Commission of Inquiry chaired by Acting Deputy Chief Justice Mbuyiseli Madlanga, has generated unprecedented public anxiety regarding the integrity, independence and effectiveness of institutions entrusted with upholding the rule of law.

ASCO is of the considered view that the developments presently unfolding have the potential to erode public confidence in the country’s criminal justice architecture. Public confidence is not merely desirable; it is an indispensable constitutional requirement for the effective administration of justice. Institutions responsible for combating crime and corruption must not only act lawfully but must also be seen to act impartially, consistently and without fear, favour or prejudice.

ASCO further expresses concern regarding the conduct of the Independent Directorate Against Corruption (IDAC) in the execution of its constitutional and statutory mandate. While ASCO unequivocally subscribes to the constitutional principle that every person is equal before the law and that no public official is immune from criminal investigation where credible evidence exists, we are equally concerned that the administration of justice must be free from any perception of selective enforcement.

In this regard, ASCO questions the apparent inconsistency in the exercise of investigative discretion concerning the procurement and payment processes associated with the Med24 matter. It is our considered opinion that accountability, where public funds are involved, should extend beyond those occupying the highest offices. Officials entrusted with financial governance, procurement oversight and the authorisation of public expenditure equally bear statutory and fiduciary responsibilities under the applicable legislative framework. Consequently, where circumstances warrant, every public office implicated in the approval, verification or authorisation of expenditure should be subjected to the same rigorous level of independent scrutiny.

ASCO is not persuaded that the public interest is adequately served where investigative attention appears to focus on one category of office-bearers while insufficient consideration is afforded to other offices whose statutory responsibilities may have been equally material to the transaction under investigation. Such an approach, whether real or perceived, risks creating an impression of selective accountability, thereby undermining public confidence in the impartial administration of justice.

Accordingly, ASCO calls for an independent review of the investigative approach adopted in this matter, including an objective assessment of whether IDAC has exercised its statutory powers consistently, fairly and without differentiation. We further call for an institutional examination of IDAC’s decision-making methodologies to determine whether its investigative priorities consistently reflect the constitutional values of equality before the law, rationality, accountability and procedural fairness.

Our call should not be misconstrued as an attempt to interfere with ongoing investigations or judicial processes, nor does it constitute an allegation of criminal liability against any individual or office. Rather, it is a principled call for equal application of the law, institutional consistency and transparent accountability.

South Africa’s constitutional democracy demands oversight institutions that are independent in fact and perception. Those entrusted with the solemn responsibility of overseeing the conduct of law enforcement agencies must discharge that mandate with unquestionable integrity, impartiality and professionalism. Justice must never be administered selectively. It must be administered equally, consistently and transparently, so that public confidence in the rule of law is preserved.

Issued By

African Solidarity Civic Organization (ASCO)

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