Specialized anti-corruption courts in South Africa are failing to fulfill their intended purpose, according to a new study released by the University of Cape Town’s Democratic Governance and Rights Unit and the Dullah Omar Institute.
The research found that these dedicated courts, formally known as Specialised Commercial Crimes Courts, handle an average of just 13 cases per year. Approximately one-third of these cases are withdrawn before conclusion, and financial recoveries remain critically low: of the 2.2 billion rand in offenses reviewed, only about 26.7 million rand—less than 2%—has been recovered through penalties.
Mbekezeli Benjamin, research and advocacy officer at Judges Matter, explained that while the decline in output appears stark, the underlying dynamics are more nuanced. The specialized courts were established around 2000 with a clear mandate: to prosecute complex commercial crimes including fraud, corruption, and money laundering using dedicated magistrates and prosecutors with relevant expertise.
“In the early years, the numbers were quite high in terms of cases enrolled and seen through to finality,” Benjamin noted. “But over time, that has declined.” Convictions dropped from 882 in 2014-2015 to approximately 255 in the 2023-24 financial year.
Benjamin clarified that a strategic shift around 2018-2019 redirected less complex cases—such as those involving the Road Accident Fund—to mainstream courts, reserving the specialized dockets for the most intricate matters. These complex cases typically involve substantial sums, numerous witnesses, and detailed financial evidence such as bank records and forensic accounting.
However, the report raises concerns that prosecutors may increasingly be avoiding high-value, high-complexity cases—the very matters the courts were designed to address. Instead, there appears to be a prioritization of cases with a higher probability of conviction, potentially sidelining more challenging prosecutions.
The study examined closed cases from nine of South Africa’s 22 specialized courts, focusing on major hubs including Palm Ridge in Johannesburg, Belleville in Cape Town, and specialized courts in Durban and Pretoria. Within this sample, the average conviction value was approximately 500,000 rand.
Benjamin highlighted procedural challenges that contribute to low throughput. Complex cases involving wealthy defendants often face extensive delays: the average case experiences around 25 postponements, with many delays originating from defense strategies. Despite these obstacles, the conviction rate remains high at 88% for the 2023-24 period. Yet each conviction demands significant investment, with cases taking an average of over 400 court days to reach resolution.
“Specialization still has a lot of value,” Benjamin emphasized. “The issue is the utilization of that specialization.” He stressed that while raw statistics paint a concerning picture, deeper analysis is needed to understand the full ecosystem affecting court performance—including resource allocation, prosecutorial strategy, and systemic bottlenecks.
The report calls for further inquiry into why specialized courts are processing fewer cases and recovering minimal assets relative to the scale of alleged offenses. As South Africa continues to confront widespread corruption, the effectiveness of its dedicated judicial mechanisms remains a critical question for accountability and public trust.
