Evaluating the Efficacy of South Africa’s Legal System in Combating Corruption

Published On: 16th November 2025

Authored By: Thubelihle Liah Mthiyane

University of KwaZulu-Natal

Introduction

Corruption is a pervasive issue in South Africa, undermining the rule of law, eroding public trust, and hindering economic development. The country’s legal system plays a crucial role in combating corruption. But its efficacy has been subject to debate. This article evaluates the effectiveness of South Africa’s legal system in combating corruption, highlighting successes, challenges and areas of improvement.

What is corruption?

Corruption is the misuse of public power, position or funds for personal gain or benefit. It can take many forms including bribery, offering or accepting something of value in exchange for influence or favors. Embezzlement, which is misusing or stealing funds or resources entrusted to one’s care. Extortion, obtaining something through coercion, threats or intimidation. Nepotisim, which is favoring family members or friends in business or professional matters, which is often unfair. Corruption can occur in various contexts, including government, business and public services. South Africa is subjected to various types of corruption including state capture, wasteful expenditure and corruption related to or use of Black Economic Empowerment (BEE) legislation. The notable one which is the most prevalent is state capture.

State Capture

Recent state capture scandals involving South African politicians and the Gupta family have brought this type of corruption into the public spotlight. State capture is a type of systemic political corruption in which private interests significantly influence the state’s decision-making processes to their own advantage. State capture became prevalent in South Africa during the presidency of Jacob Zuma. The most notable incident of state capture is the Gupta family scandal. The Gupta family was an Indian family, who had built a business empire in South Africa. They expanded in various sectors including technology, mining, media, and engineering. They were accused of state capture because of their close relationship, with former president Jacob Zuma. They were accused of using their connections to influence government decisions, awards contracts, and appoint officials who would favour their business interests. State capture in South Africa has been estimated by the government to have cost the country up to R250 billion between 2014 and 2017 and reduced the country’s GDP growth rate by an estimated 4% a year. Former South African Treasury official Ismail Momoniat has stated that state capture during the Zuma administration caused such severe damage to the South African economy that it effectively reversed all the efforts of Mandela and Thabo Mbeki administrations to develop the country’s economy.

In addition to the Gupta family, the other corruption incident is the one where it was alleged that Jacob Zuma used public funds to improve security measures at his homestead at Nkandla. A report by South Africa’s public protector in 2014 found Zuma had inappropriately allocated state funds to finance additional home improvements such as the addition of a swimming pool, visitor centre and cattle enclosure to his property (among others). Zuma was found guilty of recklessly spending state’s funds in this incident.

Anti-Corruption Initiatives

The Department of Public Services and Administration coordinates government initiatives against corruption. The Public Protector also plays a role in combating corruption. South Africa’s Directorate for Priority Crime Investigation (DPCI), commonly known as the Hawks, was designed to target organized crime, economic crime and corruption. The Zondo Commission of Inquiry was set up to investigate allegations of State Capture and corruption during the administration of President Jacob Zuma.

The legal framework for dealing with corruption is shaped by various legislations and judicial precedents. The Prevention and Combating of Corrupt Activities Act(PCCA) criminalizes corruption in public and private sectors and codifies specific offences making it easier for courts to use the legislation. This act especially condemns bribery, extortion, abuse of power and money laundering while obliging public officials to report corruption offences. Acts like the Promotion of Access to Information Act call for increased access to public information, which ensures transparency, thereby reducing corrupt activities. Public Service Act and Regulations, which prohibit public officials from conducting business with the state, limit gift acceptance and require financial disclosure to manage conflicts of interest.

In the case of Economic Freedom Fighters and Others v National Assembly and Another, former president Jacob Zuma was trialed and prosecuted for allegations put forward by the EFF that he has failed to comply with constitutional obligation, which is it obey the Public Protector’s instruction. This followed after Public Protector conducted investigation on the funds Zuma used to renovate his home during first term of his presidency office and discovered that he had misused public funds. Constitutional Court found Zuma guilty of violating constitutional obligations by failing to implement Public Protector’s remedial action.

Failure of the Anti-Corruption Initiatives

Despite these efforts cases of corruption in South Africa continued to increase and deepen. This shows that these initiatives that have been tried are not effective enough to combat the issue of corruption. Recently, South Africa saw multiple high-profile corruption arrests, including former Mangaung mayor Olly Mlamleli and two senior police officials: Lieutenant-Generals Khomotso Phahlane and Bonang Mgwenya. Also, despite Zuma being prosecuted in the above mentioned he continued doing corrupt activities during the whole term of his office.

Areas of Improvement

Corruption in South Africa persists due to lack of accountability within the justice system, which is supposed to hold those engaging in corrupt activities accountable. The system’s ineffectiveness can be attributed to various factors, including inadequate enforcement of anti-corruption laws, state capture by powerful networks of political and business elites, and institutional weaknesses within anti-corruption bodies and law enforcement agencies. For instance, recent allegations against Minister of Police Senzo Mchunu, made by General Mkhwanazi, Provincial Police Commissioner for KwaZulu-Natal, highlight the problem of politically connected individuals escaping accountability. Despite Mkhwanazi presenting evidence of Mchunu’s alleged involvement in illegal activities, President Ramaphosa’s response was limited to suspending Mchunu, and appointing a Commission of Enquiry, which will definitely not lead to meaningful consequences. This lack of decisive action undermines efforts to combat corruption.

South Africa needs a more robust approach in addressing corruption, including strengthened institutional checks and balances, well-resourced anti-corruption bodies, and real consequences for perpetrators. To archive meaningful progress, it is crucial that whistleblowers are protected and those in positions of power are held to the highest standards of integrity.

In conclusion, corruption remains a pervasive challenge in South Africa. It persistence despite existing laws and strategies, highlights the importance of effective implementation, robust oversight, and a commitment to accountability.

References

Textbooks

Kemp et al Criminal Law in SA, Oxford University Press, 3rd 2016

Journals

Naidoo, Vinothan. “The politics of anti-corruption enforcement in South Africa” (PDF). Journal of Contemporary African Studies.
Madonsela, T.N. (2010). Corruption and governance challenges: The South African experience. National Conference on Corruption and Governance Challenges. Nigeria, 21 January 2010.
Zuma defends relationship with Guptas – report”. News24.com. 23 March 2016
https://www.fin24.com/Economy/damage-from-state-capture-worse-than-suspected-sarb-20190606

Legislation