Those without money are often unable to access justice. These are the views of Brian Molefe, a former CEO of Transnet and current Member of Parliament for the MK Party.
Since being implicated as a major architect of state capture at Transnet, a narrative he has strongly disputed, Molefe questioned the existence of justice in South Africa.
In a stark revelation during a recent interview with Sizwe Mpofu Walsh on his podcast, Molefe voiced a poignant critique of South Africa’s judicial landscape, particularly for its underprivileged citizens.
Molefe lamented the disparity faced by those with limited financial resources in their pursuit of justice, stating: “In South Africa, we don’t have courts of justice. We have courts of law. People don’t go to court to get justice. They go to court for a judge to apply the law, whatever the case may be.”
He disclosed the harsh realities many South Africans encounter when seeking legal redress.
Reflecting on his experience with the law, Molefe underscored that legal costs often prohibit ordinary citizens from fighting against injustices.
“If you are an ordinary person, a worker, working a menial job and the most vile deed is committed, just the cost of getting an application going, a notice of motion or founding affidavit, can run into thousands of rand,” he articulated. “Where do you expect people to get that money from?”
The context of his remarks is steeped in his past. Molefe was implicated in the Zondo Commission, with accusations surrounding a R93 million “double invoicing” case alleged to have taken place in June 2015.
However, he has repeatedly professed his innocence and recently found vindication when Corruption Watch withdrew its application against him in a mutual agreement to bear their costs.
Molefe’s remarks bring to light a broader societal issue; he asserts that the legal system’s access barriers primarily affect black and poor individuals.
“As long as you are black and poor, forget about justice,” he reiterated, highlighting a deep-rooted frustration felt by many in similar circumstances.
Beyond his struggles, Molefe spoke passionately about his vision for South Africa’s manufacturing prowess during his tenure at Transnet.
He indicated that he championed a project aimed at local train manufacturing, believing that South Africa should look inward rather than rely on imports.
“When I was at Transnet, I said South Africa must stop buying trains everywhere. We must manufacture our locomotives,” he explained, accentuating the importance of nurturing local talent and production capabilities. Unfortunately, this initiative was short-lived.
Molefe lamented the discontinuation of the project after his departure. “Fast forward, after I left Transnet and Siya Gama left, the process was stopped,” he recounted, calling for a national paradigm shift towards self-reliance and local manufacturing — from cars to everyday utensils.
“South Africans must stop consuming only. We need to get into the habit of making things as a country.”
The Star