Without functioning institutions to detect and deal with crime and to prosecute it effectively, the courts cannot fulfil their function. It is critical that South Africans feel that, unlike in the past, such institutions are fair, honest and competent.
Several recent cases, though, ratchet up concern about the "criminal" part of the system, not just at the well-documented level of effective policing, but the entire architecture of detection and prosecution.
The starkest recent illustration of the problem may be the case of J Arthur Brown, who was central to the massive fraud at Fidentia, but has escaped with a slap on the wrist. The reason for this, said the judge, was that the case against him had not been sufficiently well prepared.
Meanwhile, the "amigos" corruption case surrounding Gaston Savoi and a merry band of provincial politicians in KwaZulu-Natal and the Northern Cape who allegedly benefited from the sale of medical equipment at inflated prices is falling apart amid signs of serious interference in the prosecution.
We could go on: Brett Kebble's killers walk the streets and the investigation into the fraud that preceded his death appears to have died with the Scorpions. Prosecutor Glynnis Breytenbach is mired in disciplinary hearings instead of pursuing those involved in efforts to hijack mineral rights worth billions and serious allegations against former crime intelligence boss Richard Mdluli have yet to be dealt with.
Our justice system has been under strain almost since the very start of our constitutional democracy and it is still under strain, both at the top (in the debate about the Constitution's property clause, for example) and from the very bottom (what access to justice do the poorest have?). We can see now that the integument between the policing and justice – the capacity to prosecute those accused of crimes – is also fraying badly.
Where some of the biggest constitutional questions are hard by their very nature in a divided and fast-changing society, running an effective prosecutions system ought not to be. The place to start is the top. The political manipulation of the National Prosecuting Authority and bodies such as the Special Investigating Unit must end and the Hawks must be given full functional and institutional independence. If they aren't, it isn't just corrupt MECs who will get off the hook, but also murderers, rapists and white-collar thieves. It is not too late to act, but it very soon will be.