Il prezzo della cattiva condotta: come gli scandali stanno indebolendo la fiducia nei tribunali

Public trust in South Africa's judiciary is declining sharply, according to new research, as a series of high-profile scandals and allegations of misconduct continue to shake confidence in the nation's legal system. A recent Afrobarometer survey revealed that for the first time, a majority of South Africans—53 percent, express distrust in the courts, citing issues ranging from corruption to inefficiency. This marks a significant shift from earlier years, when trust in the judiciary was relatively stable. The erosion of public confidence follows a string of controversies within the legal profession, including the fallout from State Capture, the impeachment of former judge Dr. John Hlophe, and recent calls by the Judicial Service Commission (JSC) to suspend Eastern Cape Judge President Selby Mbenenge over findings of gross misconduct. These incidents have placed the legal community under intense scrutiny, raising questions about the integrity of the institution tasked with upholding the rule of law. According to the Afrobarometer survey, trust in the courts now lags behind other key institutions such as public broadcasters, the health ministry, and the military. The survey also noted that individuals living in poverty and those with lower educational attainment are even less likely to trust the judiciary. Legal experts argue that restoring public confidence requires more than just punishing individual wrongdoers, it demands systemic reforms and greater transparency in how misconduct is handled. Noémi Muya, a legal expert and founder of For Women in Law, emphasized that the legal profession's legitimacy hinges on public trust. While misconduct by judges, advocates, and attorneys undoubtedly harms confidence, she cautioned against judging the entire profession based on the actions of a few. Instead, she argued that the credibility of the legal system would depend on how effectively and transparently misconduct is addressed. Muya pointed out that access to justice remains a pressing challenge in South Africa. Despite constitutional guarantees, many citizens find legal services unaffordable. She also highlighted the growing backlog of cases, under-resourced courts, and the complexities introduced by emerging fields such as artificial intelligence, cybersecurity, and data protection. These factors, combined with rising workloads and mental health challenges among legal professionals, threaten the efficiency and quality of legal services. Zaeem Soofie, a senior lawyer at Fairbridges and former corporate general counsel for BP, acknowledged the challenges facing the legal profession but described it as "challenged but resilient." He noted the profession's long-standing tradition of activism and its deep talent pool, yet he stressed that the integrity of lawyers has come under increased scrutiny. With the profession growing more competitive and digital disruptions reshaping the landscape, Soofie argued that addressing issues of transformation and access to justice is more urgent than ever. Both Muya and Soofie agreed that rebuilding trust cannot rest solely on regulatory bodies. They called for collective action from all stakeholders, emphasizing the need to confront challenges directly rather than leaving them to be resolved by oversight mechanisms alone. Public perception, they said, is shaped not only by the existence of accountability measures but by how visibly and consistently those measures function. Despite the current climate of uncertainty, both experts remain optimistic about the potential for renewal within the legal profession. They believe that through sustained efforts to improve transparency, ensure equitable access to justice, and support the well-being of legal professionals, the judiciary can regain the trust of the public it serves.