Does the Adversarial System Truly Deliver Justice in South Africa? A Critical Analysis

Does the Adversarial System Truly Deliver Justice in South Africa? A Critical Analysis

Ntsika Qakaza

Issue: Vol.6 No.14 Article 35 pp.3873 -3880
DOI: https://doi.org/10.38159/ehass.202561435 | Published online 30th December, 2025
© 2025 The Author(s). This is an open access article under the CCBY license (http://creativecommons.org/licenses/by/4.0/).

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ABSTRACT

A pillar of South Africa’s legal system, the adversarial system places a strong emphasis on party-driven litigation in which competing parties argue their positions before an impartial judge. Critics contend that this system may put procedural wins ahead of substantive justice, despite its intention to guarantee fairness through vigorous debate. The effectiveness of the adversarial approach in delivering justice in South Africa is critically examined in this paper, as is whether its emphasis on competitive legal strategies compromises truth-seeking and equitable outcomes. This paper critically examines whether South Africa’s adversarial legal system delivers substantive justice or merely procedural fairness. Drawing on case law, comparative jurisprudence, and scholarly analysis, it explores how disparities in legal representation, procedural delays, and adversarial tactics impact truth-seeking and equitable outcomes. Using high-profile trials such as those of Senzo Meyiwa and Timothy Omotoso, the study highlights systemic flaws and proposes reforms, including judicial intervention and hybrid procedural models. The findings suggest that while the adversarial system upholds formal fairness, it often fails to meet the constitutional promise of substantive justice. The study examines important issues, including the impact of differences in legal representation, deliberate manipulation of evidence, and the system’s ability to resolve systemic inequities, by examining case law, procedural dynamics, and comparative viewpoints.

Keywords: Adversarial System, Procedural Justice, Legal Representation, Inequality, Judicial Reform.

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ABOUT AUTHOR(S)

Ntsika Qakaza is a final-year LLB student at Walter Sisulu University, School of Law. Driven by a deep commitment to justice and equity, Ntsika holds a keen interest in both Labour Law and Criminal Law. With a passion for advocacy and social impact, he aims to contribute meaningfully to South Africa’s evolving legal landscape. As he prepares to enter the professional field, Ntsika is focused on honing his legal acumen and standing as a voice for fairness within the justice system.

TO CITE ARTICLE

Qakaza, Ntsika.“Does the Adversarial System Truly Deliver Justice in South Africa? A Critical Analysis.” E-Journal of Humanities, Arts and Social Sciences 6, no. 14 (2025): 3873 -3880, https://doi.org/10.38159/ehass.202561435.