Government officials who fail to implement court orders should have to pay personal costs or even face criminal sanctions, argue the authors. Illustration: Lisa Nelson
“Accountability through the ballot box is not enough”
Written by Thuto Gabaphethe and Thandeka Kathi and first published here by Groundup
The authors argue that South African government officials who fail to implement court orders should face personal financial penalties or criminal sanctions. This could strengthen democracy beyond just voting people in or out of office.
They note the recurring issue of disregard for court judgments by government officials, especially at the local municipal level. Examples include municipalities like Sekhukhune in Limpopo and the City of Johannesburg, both of which have ignored court orders for years. This raises the question of holding these officials personally liable. The Constitutional Court supports the idea that civil and criminal contempt of court can lead to imprisonment, suggesting that personal liability should apply to state officials in contempt.
Communities often have to go to court for basic services like water and electricity. It’s troubling when officials still don’t act even after court rulings. For instance, the City of Johannesburg has repeatedly failed to install water and electricity infrastructure in Zondi, Soweto, despite a court order in 2018 and a contempt ruling in 2021. As a result, the community plans to ask the High Court to imprison officials and charge the City Manager, Executive Mayor, and Head of Legal with criminal contempt.
They point out that frequent changes in mayors might deter personal liability. However, given the rise of coalition governments, enforcing personal accountability is crucial. Personal liability and criminal sanctions could deter non-compliance by making officials aware they could face fines, personal losses, or criminal prosecution for ignoring court orders.
This approach would prevent metropolitan and municipal managers from escaping legal consequences by blaming their institutions. It would encourage them to prioritize fulfilling court orders, possibly by setting payment priorities or addressing administrative backlogs. Ultimately, this could foster a culture of respect for the legal system, responsibility, deterrence, and quick compliance within state institutions.
▶️ read the original post here
◾Thandeka Kathi is an attorney and Thuto Gabaphethe is a researcher and attorney awaiting admission, both at the Centre for Applied Legal Studies (CALS), Wits University School of Law.
◽Views expressed are not necessarily those of GroundUp.
