The battle is on to rebuild the rule of law

Fixing the criminal justice system is as urgent in 2026 as pushing back against state capture was back in 2016, when then deputy finance minister Mcebisi Jonas outed former president Jacob Zuma’s friends, the Guptas, for their audacious attempt to hijack the public purse.

KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi’s press briefing last July, alleging collusion between top police officials and organised crime cartels, echoed Jonas’s approach to dealing with a no less extraordinary situation.

Mkhwanazi’s revelations have evolved into a unique opportunity to address the single biggest crisis facing South Africa: a collapsing criminal justice system and the rapid infiltration of key sectors of the economy by organised criminal cartels.

This evolution is taking shape primarily through the work of the commission of inquiry into Mkhwanazi’s allegations, chaired by retired Constitutional Court justice Mbuyiseli Madlanga.

Another move to align the efforts of the government and its social partners, including business, towards reforming the criminal justice system was agreed upon at a meeting between President Cyril Ramaphosa, key cabinet ministers and business leaders at the end of last month. They took stock of the work done on stimulating economic growth since the inception of the partnership in 2023.

The incoming chief executive of Business Against Crime South Africa (Bacsa), Anton du Plessis, a former National Prosecuting Authority (NPA) deputy director, describes the present time as a rare opportunity to address the deep crisis in the criminal justice system.

“South Africa is in such an important moment now,” says Du Plessis. “I call it a pivotal moment to rebuild the rule of law, particularly with the … onslaught of organised crime and corruption that we’re seeing.”

Bacsa was established in 1996 at the invitation of then president Nelson Mandela, who recognised the key role business could play in fighting crime. The organisation has evolved and now sits within the government-business partnership to strengthen economic growth. The partnership has contributed significantly to stabilising the energy sector and continues to work on the rail and transport sector; its contribution was also crucial in South Africa getting taken off the greylist of the Financial Action Task Force (FATF), established to set global standards for combating money laundering and terrorist financing.

Now the partners are focusing on rebuilding the rule of law. The presidency, in a statement after the meeting with its business partners on January 27, said crime and corruption remained among the “most significant deterrents to confidence, investment and economic growth”.

It added: “While progress has been made in strengthening institutional capability, including through FATF-related reforms and improved co-ordination, there is agreement that a more ambitious crime and corruption focus is necessary to support the government’s efforts to reform the criminal justice system.”

Tackling organised crime, corruption and weaknesses in the criminal justice system, said the presidency, will “become a more central focus of the partnership’s work in 2026, recognising the direct link between the rule of law, societal and investor confidence, and growth”.

Du Plessis agrees. “That upstream challenge of fixing the rule of law … should be our collective priority for the next couple of years … If we don’t get that right, we’re going to struggle with investment and local government, we’re going to struggle to get health care, education and infrastructure fixed.”

He argues that the Ramaphosa administration’s commitment to the partnership and to rebuilding the rule of law is an indication of “strategic strength” instead of weakness. Not only is it the right approach for the country, he says, it is also an international obligation, given that South Africa is a signatory to UN conventions on anticorruption and organised crime.

“There are major challenges, clearly. I think South Africa can turn the corner, but we have to do it with a slightly different approach and most certainly in a collaborative way,” Du Plessis says.

His leaving the NPA was described by insiders as a huge loss for the prosecuting authority. Du Plessis had considered throwing his hat in the ring to succeed Shamila Batohi as head of the NPA, but he recognised the “toll” another decade at the organisation could exact.

Former Special Investigating Unit director Andy Mothibi has since been appointed to the post. Mothibi is known for getting down to work quickly and effectively, but he is set to retire in two years, giving him little time to build on the foundations Du Plessis says were established by Batohi during her tenure.

Du Plessis says South Africa is at a critical juncture, with organised crime syndicates becoming dangerously sophisticated thanks to new technology.

“It’s an extremely dangerous moment for South Africa, where we either stem this tide of complex, violent, organised and corrupt crime, or we slide into failed state territory.”

At least the government is not blind to this reality and has not tried to hide the extent of the crisis. It put in place the Madlanga commission, which daily exposes the devastating impact of corruption. The rigorous debates in parliament’s ad hoc committee, also investigating Mkhwanazi’s allegations, are there for all to see, and now the government is moving to strengthen its collaboration with business to come up with solutions.

“We must do this collectively,” says Du Plessis. “You’re never going to have every single star aligned, but what you currently have is Madlanga and all the related processes. The G20 … has demonstrated what’s possible when we come together as a country.

“South Africans care deeply about the rule of law. You’ll see it in voting patterns. It runs in our veins, and I think the rule of law — I use that term as a broad catch-all — has become politically indispensable in 2026. By 2029 it’s going to be even more so, and that’s the momentum we need to keep as a country.”

The partnership has a long-term strategy — to focus on government-led reform of the criminal justice system — and in the short term, on the illicit economy across various sectors. Du Plessis says that when Mandela addressed the Bacsa launch three decades ago, he highlighted the importance of unity in addressing crime and corruption.

“I think he’d be disappointed 30 years down the line to see how much work still needs to be done, but I think he recognised then, as I believe Ramaphosa recognises now, that unity and collaboration are the only way out of this challenge that we face collectively.”

Re-establishing the rule of law in South Africa, with all its complexities, is a monumental task. The government-business partnership turning attention to it is welcome, but the real test of Ramaphosa’s commitment will be how extensively and how rapidly he implements the final recommendations of the Madlanga commission, expected by midyear. Whether he can use his remaining three years in office to drive this most crucial reform will determine his legacy.