WITHOUT FEAR, FAVOUR OR PREJUDICE

By Soapbox Communications

Independent prosecutions. Stronger South Africa.

South Africa’s justice system is at a critical moment. The country’s ability to prosecute serious crime, including corruption and organised crime, has been undermined by structural and legislative weaknesses since the inception of the National Prosecuting Authority.

These failures do not lie with individual prosecutors. They lie in the legislative framework within which they operate.

South Africa cannot end impunity while prosecutions remain trapped in legislation that is no longer fit for purpose. The National Prosecuting Authority Act was written in 1998 for a very

different moment in South Africa’s history.

Today’s challenges require a modern prosecution framework that is capable of confronting complex corruption and organised crime, and violent crime.

Without Fear, Favour or Prejudice is a national call to strengthen the legislation for the prosecution service and restore the rule of law.

A stronger, safer South Africa is only possible when prosecutions work. The National Prosecuting Authority sits at the centre of the country’s accountability architecture. If prosecutions fail, the fight against corruption and crime cannot succeed. A system constrained by outdated law Research shows that the prosecution service is constrained by structural weaknesses that limit its ability to operate independently and effectively.

Key challenges include:

● Lack of financial independence, including a lack of control over the budget

● Restricted access to ad hoc specialist expertise, particularly for complex corruption and commercial crime cases

● Anomalous qualification requirements and salary structure affecting morale, vacancy rates and independence

● Weak transparency and reporting requirements for processes and performance

● Senior leadership appointed without a competitive, transparent process serving for a varying term, dependent on their age

● Mandate problems for prosecution-led corruption investigations.

Together, these structural weaknesses make it harder for serious corruption cases to move from investigation to resolution.

A crisis of accountability

The consequences of this weak legislative framework are increasingly visible. Major corruption matters have stalled, charges are withdrawn, and cases often take years to progress through the system. These outcomes reflect systemic constraints rather than individual failure.

Public concern about corruption is extremely high:

● 82% of South Africans believe corruption is worsening

● Only 10% believe the government is performing well in tackling corruption

● 72% say ordinary people risk retaliation if they report corruption.

(Source: Afrobarometer. “South Africans say corruption has increased and citizens risk retaliation if they report it.” News release, 2 June 2023.)

South Africans want accountability. The system must be strengthened to deliver it.

What must change

Without Fear, Favour or Prejudice calls for legislative reform that ensures prosecutions are:

● Specialised – able to draw on the expertise needed for complex corruption cases

● Trained – supported by skilled prosecutors and investigators

● Independent – leaders appointed transparently through competitive, merit-based processes and able to control their own budget

● Resourced – properly funded and staffed

● Fixed tenure – secure, limited tenure for leaders

● Accountable – transparent to Parliament and the public

South Africa cannot end impunity without a strong, independent, well resourced prosecutions service.

A call to action

The next eighteen months will be critical for the future of accountability in South Africa. Without reform, corruption cases will continue to stall, public trust will continue to decline, and impunity will deepen.

South Africa needs a modern, fit-for-purpose prosecution framework that can act without fear, favour or prejudice.

Want to get involved?

The Prosecutions Project is building a growing network of organisations, researchers, practitioners, and civil society leaders concerned about the future of South Africa’s prosecution service. Through webinars, consultations, and collaborative discussions, the project aims to bring together expertise from across the legal profession, civil society, academia, and public life to contribute ideas and solutions for strengthening the country’s prosecutorial framework.

If your organisation is committed to accountability, the rule of law, and ending impunity, we invite you to join this emerging coalition and help shape the reforms needed to build a stronger, more effective prosecutions service for South Africa.

Campaign website:

Visit https://prosecutionsproject.org.za/ for research, resources, and updates.

For more information, contact us at contactus@prosecutionsproject.org.za or follow us on

our social media channels to stay informed and connect with others working to strengthen South Africa’s prosecutions service.