A global research raises concerns about corruption and the rule of law in South Africa

According to Human Rights Watch, South Africa is failing to realise its economic and social rights as inequality and unemployment rise, compounded by rampant corruption and pandemic consequences (HRW)

According to HRW’s most recent World Report 2023: Events of 2022, the nation has failed to take tangible efforts to guarantee the rule of law, police behaviour, and human rights, among other things, are preserved.

Corruption, inability to meet environmental standards, and political insecurity have all left a sour taste in the mouths of international investors, with many citing political insecurity, corruption, and inequality as main detractors in the country.

Several high-profile incidents of corruption in government have occurred in the nation. From the internationally publicised state capture crisis and former President Jacob Zuma’s long-delayed prosecution for fraud, corruption, money laundering, and racketeering – to more recent developments involving current President Cyril Ramphosa.

Since July 2022, Ramaphosa has been entangled in a scandal involving his inability to follow correct protocol in reporting the theft of enormous quantities of money secreted in the sofas of his Phala Phala game farm.

Political issues, such as the one listed above, have a direct and significant impact on the country’s overall economic picture, according to Momentum Investments.

In response to the market upheaval caused by Ramaphosa’s scandal, Busi Mavuso, CEO of Business Leadership South Africa (BLSA), stated in December that in the future, all foreign stakeholders should be assured that government institutions and civil society will remain robust and capable despite political infighting or instability.

According to the Bureau for Economic Research (BER), South Africa’s political climate is a key barrier to investment, with 83% of the country’s manufacturers naming it as a problem.

According to the World Economic Forum’s (WEF) most recent Global Risk Report, local business executives have also named political challenges and potential state collapse as among their top concerns for the next year.

The WEF survey analysed 12,000 business executives from 121 nations, and South Africa is one of just three countries where a state collapse is seen as the greatest perceived danger.

The law system

The country’s rule of law has also been called into doubt, with Zuma’s corruption trial being repeatedly delayed, according to HRW.

“One of the reasons for the delays was caused by his appeal in June (2022) to the Constitutional Court against the Supreme Court’s dismissal of his special plea to remove the lead state prosecutor, Billy Downer, whom he accused of lacking independence and impartiality,” said Human Rights Watch.

“The Pietermaritzburg High Court was supposed to resume the trial of the case on October 17 but postponed the trial to January 2023 to allow the presiding judge to consider whether he should still be on the case,” said the group.

According to HRW, the ex-president has also targeted journalists for allegedly publishing documents containing his medical information without the permission of the National Director of Public Prosecutions, and has turned his attention to Ramaphosa himself, attempting to privately prosecute the current president as an accessory after the fact.

Police

South African police officers continue to abuse human rights with minimal accountability, according to HRW.

In March 2021, four police officers were acquitted in the shooting death of a bystander during student protests at the University of Witwatersrand.

In a related instance, the Independent Police Investigative Directorate announced a probe into an incident recorded on film of police officers attacking an unarmed man in the Western Cape in August 2022, according to HRW.

Further failures

The government’s attempts to reduce xenophobic violence have failed to deliver visible improvements in migrant protection, according to the organisation.

“Anti-foreigner groups perpetuate the unsubstantiated notion that foreigners are responsible for unemployment and crimes in the country. Women and members of the lesbian, gay, bisexual, trans and intersex (LGBTI) community continue to face abuses, including murder, assault, and harassment.”

Human Rights Watch is an international non-governmental organisation that performs human rights research and advocacy. It was established in 1978 and is headquartered in the United States.

Civil and political rights, economic, social, and cultural rights, and international humanitarian law are among the concerns addressed by the organisation. It produces reports and undertakes human rights investigations in nations all over the world.

Many of South Africa’s fundamental civil freedoms and human rights are inscribed in the country’s Constitution in the Bill of Rights. Freedom of expression, equality, and the right to education, healthcare, and property are all examples of rights.

It also forbids discrimination on the basis of race, gender, sexual orientation, and other characteristics. The Bill of Rights is widely regarded as one of the most progressive in the world, and it has served as a model for other countries.

Despite its high requirements, it has been violated on several occasions.