This week, many of our listeners have expressed their outrage and disappointment in the outcome of the Omotoso trial after an eight year-long case. Some have even gone as far as saying that there is no equality before the law for poor people, questioning the competence of the National Prosecuting Authority, the intimidation of judges and that the system is corrupt with many brown envelopes. In the judgment, Judge Schoeman outlined how the state not only failed to prove a case beyond reasonable doubt, she also highlighted the conduct of the legal practitioners tasked with the case. The Minister of Justice and Constitutional Development, Mmamaloko Kubayi has  given the National Prosecuting Authority until Monday, 7 April 2025 to submit a report on the Omotoso case outcome.

While the principle “equal before the law” stands in the Constitution’s Bill of Rights, we do not always focus on the second part of the clause which speaks to the right to equal protection and benefit of the law. In order for this to be realized, the legal framework (criminal procedure act, for example) has an essential role to play in ensuring public trust in the pursuit of justice. In this hour, we unpack and examine the role that different stakeholders play in ensuring the integrity of the criminal trial process in South Africa: (1) investigative officers who collect evidence; (2) the legal representatives tasked to speak on behalf of their client and (3) the presiding officials who hear the cases. We wanted listeners to understand the intricate process by unravelling the challenges faced while executing their duties, how they play a role to ensure integrity of the process and how their work impacts the outcome of the process. At the end of this discussion, we want to know what interventions need to be taken to improve not only the capacity of these stakeholders but the legal framework overall. To help us navigate this further, we are joined by…

Guest: Mpumelelo Zikalala - Criminal Lawyer and Managing Director of Zikalala Attorneys

Guest: Mike Bolhuis - Specialist Investigator & Crime expert

Guest: Dr. Jane Redpath - Senior Researcher at Africa Criminal Justice Reform, Dullah Omar Institute, University of the Western Cape