Upholding Justice and Accountability
Understanding the Rule of Law
The United Nations defines the Rule of Law as a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated. It requires legal certainty, avoidance of arbitrariness and procedural and legal transparency.
In democratic South Africa, the rule of law is a foundational principle firmly embedded in the Constitution of the Republic. It guarantees fairness, justice, and equality before the law, safeguarding democracy and human rights. A strong rule of law is critical for protecting citizens, combating lawlessness, and fostering economic and social development.
The criminal justice system —particularly the police— plays a pivotal role in upholding and enforcing the rule of law.
The Importance of the Rule of Law
A society governed by the rule of law benefits from:
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Legal Certainty – Laws are clear, transparent, and applied consistently.
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Equality Before the Law – No individual or entity is above the law.
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Access to Justice – Every citizen has the right to a fair trial and legal representation.
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Accountability – Government officials, public institutions, and corporates are held accountable for their actions.
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Protection of Rights – Human rights and civil liberties are upheld and protected.
Challenges to the Rule of Law in South Africa
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Despite constitutional guarantees, South Africa faces several challenges in upholding the rule of law, including:
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Corruption and State Capture – The misuse of public resources undermines governance and public trust.
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Judicial Interference – Attempts to influence court decisions threaten judicial independence.
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Delayed Justice – Backlogs in the court system hinder timely access to justice.
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Weak Law Enforcement – Inadequate skills, resources and corruption within law enforcement agencies impact the effective implementation of the law.
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Threats to Whistleblowers and Witnesses – Individuals exposing wrongdoing often face intimidation, threats, or retaliation.
Read our Submission to the SA Law Reform Commission on Proposed Changes to the Criminal Procedure Act (CPA)
Our Role in Promoting the Rule of Law
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We are committed to strengthening the rule of law by:
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Advocating for Transparency and Accountability – Promoting policies and legal reforms to combat corruption and uphold governance standards.
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Supporting Law Enforcement Agencies – Facilitating the empowerment of police client service centres through capacity building (infrastructure and training).
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Professionalising Police Client Service - Establish Designated Statements Officer (DSO) and Designated Statements Registrar (DSR) roles.
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Supporting Whistleblowers – Ensuring protection for those who expose corruption and unethical conduct.
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Legal Education and Awareness – Empowering citizens with knowledge about their rights and legal processes.
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Monitoring Legal and Judicial Developments – Engaging with policymakers to strengthen South Africa’s legal framework.
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Promoting Independent Institutions – Advocating for the independence of the judiciary and law enforcement agencies.
Defending the Rule of Law Together
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By harnessing the collective strengths of government, civil society, the private sector, and international institutions, a renewed commitment to the rule of law could propel meaningful change.
Our core mission is to expand access to legal rights, capacitate law enforcement, and bolster the rule of law where it is most fragile.
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Designated Statement Officer Programme
Join Us in Advancing the Rule of Law
The rule of law is the foundation of a just and democratic society. Public Interest SA encourages citizens, businesses, and policymakers to join the movement in upholding justice, fighting corruption, and strengthening democratic institutions.e, report it to the relevant authorities.
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To learn more about our work in promoting the rule of law, advocating for legal reforms, and supporting law enforcement agencies, email us at ruleoflaw@publicinterest.org.za