Ethical Leadership Central to Fixing Criminal Justice System Rot

Dr. Pingla Udit

Who would have thought thirty-one years later South Africa would face challenges from coalition instability, organised crime, corruption, public mistrust, and weak policy execution? 

Notwithstanding, South Africa has major achievements globally, including being part of multilateral institutions like the United Nations, BRICS, the G20, the African Union, a Sectoral Dialogue Partner of ASEAN, and other specialised groupings. South Africa also weaves support for the Palestine cause at the International Court of Justice.

South Africa mirrors global issues where corruption is high at the levels of government. Criminal enterprises flourish, creating daily hardships through cash-in-transit heists, taxi industry wars, energy crisis, damage and destruction of infrastructure from water pipes, copper theft, the construction industry, and endangered flora and fauna continue into the 7th Administration. 

The architecture of daily crime levels prevails both on the street-end and brain-end, ranging from socio-economic opportunistic crimes, murder and house robbery, gender-violence, social ills of alcoholism, tobacco contraband, gangsterism, loss or theft of civilian and police-issued firearms, kidnapping for ransom, and extortion crimes. Transnational crime issues include vehicle theft, drug cartels, human trafficking, endangered wildlife species, and precious metals smuggling. 

The brain-end of the crime, according to Global Initiative Against Transnational Organised Crime, From Gangs to Grey Agents states: South Africa’s organised crime economy is not just the work of gangs and enterprise kingpins. It endures because a grey layer of professional enablers-lawyers, accountants, logistic firms, security providers, and real estate companies-quietly provide the logistical and operational lifeblood that keeps criminal organisations nimble and resilient (October 2025). 

In addition, illicit trade by criminal tenderpreneurs  to government tenders and procurement supply chains. 

The Prevention of Organised Crime (POCA, Act 121 of 1998) to: “combat organized crime, money-laundering and criminal gang activity.” There is ongoing progress in utilising the Act. The National Anti-Corruption Advisory Council Final Report (August 2025) states: “the principle of preventing corruption through robust governance, transparency, and accountability should be given greater emphasis to mitigate corruption risks, thereby reducing the need for costly reactive measures.” A more fastidious approach is necessary to batten down corruption.

The influence of social media and the development of technology make it easy to do cyber scams and cybercrime. 

The United Nations Convention on Cyber Crime ( October 2025): “marks a critical juncture in international efforts to govern digital technologies, to create a framework to combat cybercrime and establish obligations such as a range of domestic law enforcement capabilities, surveillance powers, cross-border cooperation between law enforcement agencies, and the exchange of electronic data.” The Convention cites that it should be in alignment with international human rights law.

Mistra Report (2025) on The State of the South African State -Capacity and Skills reads: “Many state institutions suffer from inadequate technical capacity, weak professional cultures, high vacancy rates, and poor leadership, which undermine both policy-making and execution. There are also shortages in the skills of financial management, engineering, and planning. Yet, alongside this erosion, there have been determined efforts by reform-minded leaders, civil servants, and activists to restore the state’s capacity and capabilities.” 

A significant development in October 2025 has been South Africa’s removal from grey listing by the Financial Action Task Force, in meeting all financing standards.  

State capture is a pernicious form and is a consequence of governance failures. Criminals, it turns out, are more sophisticated than the police, prosecutors, and correctional services with access to digital technology and resources. The mistrust and trust deficit in the criminal justice sector is aggravated by deep infiltration into state organs, external actors having an influence, and the role of underworld crime syndicates. This does not augur well for political stability, economic growth, and development in the short term. 

Crime has an impact on families. Despite a growing middle class, there is an existential threat with high levels of inequality, unemployment, and food insecurity. The youth face a high rate of unemployment and uncertainty for their future. The unemployed graduate suffers from anxiety, depression, and the risk of suicidal ideation. Statistics South Africa foregrounds an unequal society with a Gini coefficient of around 0.63 to 0.67, depending on the dataset.

Under apartheid, the police used convicts to commit crimes and return them to prison after committing crimes.  Butana Nofomela's confession after he was sentenced to death (1989), that he was involved in a police assassination squad known as Vlakplaas, is a case in point. Another example is that of Andre Stander, a member of the South African Police in the 1970s, who led a double life as a robber. 

In 1994, under the Constitution of the Republic, there was hope for change and transformation into a Community Protection Service. As in most post-colonial societies, the police now hold military titles and are unequal in their ranks. The South African Police Service needs an integrated internal database system and a virtual link to court records. Crime statistics need to be a priority and released weekly. The trajectory of crime during the new dispensation has varied depending on which administration seeks to make a difference. 

What needs to be done? To reconnect our principles and reimagine South Africa, thirty-one years later, with political maturity and policy discipline, in applying governance “guardrails,” “prioritizing capacity and management,” “leadership and alignment” in skills, competency, and integrity. Together, these metaphors form a leadership compass for ethical governance and nation-building. 

Guardrails should enable political entities to set non-negotiable ethical boundaries to articulate integrity, accountability, service, and inclusion that no short-term political gain can override. To focus on a few national priorities (anti-corruption, security sector reform, energy security, and education reform) and develop a national strategic planning framework with guardrails to prevent constant shifts with each new administration. Leadership guardrails, so advisors can help political leaders to stay within constitutional limits, as “Our Constitution is not a political tool; it is a moral compass,” emphasises.

On prioritization and capacity management, it is important as the state has limited national resources. Advisors to help government leaders prioritise policies that deliver maximum socio-economic return in different sectors. 

Lastly, on leadership and alignment, the government should be staffed with skilled, service-oriented people with a shared vision and commitment to national interest and public safety, over personal gain. This action in the journey of governance is fundamental to building trust and long-term credibility, given the groundswell of resistance.

Thought leaders and advisors to government have an opportunity and a responsibility to reframe political leadership around discipline, purpose, and integrity.  

As South Africa hosts the G20, what opportunities are there for Africa and South Africa, in support and development for conflict management on the continent from Sudan to Congo?  

The interim and final report of the Madlanga Commission of Inquiry should advance urgent reform, provide foresight to thwart state capture and criminality and to restore trust and integrity in the criminal justice sector to serve without fear or favour.

* Dr. Pingla Udit is a Strategy Analyst: Human Rights and Conflict Resolution. 

** The views expressed do not necessarily reflect the views of IOL, Independent Media or The African.