The quiet collapse of South Africa’s commercial crime courts

For years, South Africans have been told that declining commercial crime prosecutions are the result of increasingly complex cases. A new report by the Democratic Governance and Rights Unit (DGRU), The Quiet Collapse of South Africa’s Commercial Crime Courts, suggests the explanation may not be nearly so simple.

The report examines South Africa’s Specialised Commercial Crime Courts (SCCCs), which were established to tackle corruption, money laundering, organised crime and other serious economic offences. Its findings challenge the notion that declining prosecution outcomes are primarily the result of growing case complexity. Instead, the evidence points to deeper problems of performance, accountability and institutional design.

The numbers are striking. Over the past 25 years, the Specialised Commercial Crime Unit (SCCU) has grown from around 20 prosecutors in two courts to approximately 300 prosecutors across 23 courts. Yet in 2024/25, the SCCU secured only 235 prosecutions resulting in guilty verdicts – less than one guilty verdict per prosecutor per year.

The report reviewed closed case files from nine SCCCs and found that these courts finalised only 356 cases over three years, averaging just 13 cases per court per year. More than a third of enrolled cases were withdrawn before reaching a verdict.

Importantly, the report found little evidence that the courts are predominantly dealing with exceptionally complex matters. Most cases involved relatively few accused, relatively few witnesses and average values of under R500,000. Fraud and other ordinary commercial offences dominated court rolls, while specialised anti-corruption and organised crime legislation featured far less frequently than might be expected.

One of the report’s most significant findings concerns performance measurement. While the SCCCs achieved an 88% conviction rate, the report argues that this may reflect the avoidance or withdrawal of difficult cases rather than effective prosecution of the complex matters these courts were created to address. High conviction rates can mask declining outputs.

The report also identifies significant inefficiencies. Half of all cases take longer than 14 months to conclude and experience a median of nearly 15 postponements. Many delays stem from avoidable factors such as poor case management, administrative failures and the absence of continuous trial rolls.

Perhaps most importantly, the report highlights an accountability problem. Weak data systems make it difficult to accurately measure performance and hold institutions accountable for results.

“South Africa has already invested in more prosecutors, more specialised courts and more resources. Yet outcomes continue to decline.”

The findings carry an important lesson for the Prosecutions Project. South Africa has already invested in more prosecutors, more specialised courts and more resources. Yet outcomes continue to decline. The report suggests that improving prosecution outcomes requires more than additional capacity. It requires institutions that are designed to deliver results, measured against meaningful performance indicators, and held accountable for achieving them.

Until those underlying institutional weaknesses are addressed, South Africa is unlikely to see the prosecution outcomes needed to tackle corruption and serious economic crime effectively.

To get involved or learn more, contact us at contactus@prosecutionsproject.org.za or follow us on our social media channels to stay informed and connect with others working to strengthen South Africa’s prosecutions service.