Chris Oxtoby

4 days ago | dailymaverick.co.za | Judith February |Chris Oxtoby

The performance of the National Prosecuting Authority (NPA) has been a longstanding point of concern, with criticisms focusing particularly on the lack of successful prosecutions in cases arising from the era of State Capture. The implications of failings in the NPA, and the resultant lack of public confidence in the justice system, have serious implications for the rule of law.

3 weeks ago | ewn.co.za | Judith February |Chris Oxtoby

On 2 June 2025, a full bench of the Western Cape High Court handed down judgment in the case brought by the Democratic Alliance (DA), Corruption Watch and Freedom Under Law against the UMkhonto weSizwe (MK) Party and Dr MJ Hlophe. The case is related to the National Assembly’s (NA) decision last year to designate Dr Hlophe as a member of the Judicial Service Commission (JSC).

1 month ago | ewn.co.za | Judith February |Chris Oxtoby

Two incidents in recent weeks have raised concerns about aspects of the governance of the court system and the legal profession. They invite questions about both individual and structural leadership, which are crucial to upholding the Constitution and the rule of law. The Legal Practice Council (LPC)’s disciplinary process against Advocate Dali Mpofu was always going to be a significant moment.

2 months ago | ewn.co.za | Judith February |Chris Oxtoby

The rule of law has been under pressure for some time in South Africa. This is not surprising. There is a global trend, prominent in the United States under the Trump presidency but by no means unique to it, of democratic institutions and constitutional checks on power being undermined and fundamentally called into question.

2 months ago | ewn.co.za | Judith February |Chris Oxtoby

The Judicial Service Commission (JSC) held its first sitting for 2025 last week. Described as a "small but significant affair", the JSC spent just one day interviewing candidates for positions on the Electoral Court and the Labour Court. The commission also discussed the stats of several complaints against judges. The interview process normally lasts far longer – at the JSC’s previous sitting, in October 2024, the interviews spanned two weeks.