Authors : John Motsamai Modise; Dr. Ready Condry Rasekgoalo

Volume/Issue : Volume 9 - 2024, Issue 10 - October

Google Scholar : https://tinyurl.com/5n6seb36

Scribd : https://tinyurl.com/3xsdzvbx

DOI : https://doi.org/10.38124/ijisrt/IJISRT24OCT690

Note : A published paper may take 4-5 working days from the publication date to appear in PlumX Metrics, Semantic Scholar, and ResearchGate.

Abstract : The purpose of this study is to investigate the opportunities and problems that South Africa's rule of law and equitable access to justice face. The primary barriers to applying these concepts are identified, and potential solutions and strategies to address these problems are examined. Main Topics: Apartheid's legacy and its continuing effects on equitable access to justice and the rule of law. the obstacles to justice that underprivileged populations must overcome, such as prejudice, poverty, and racial inequity. The function of civil society groups, law enforcement, and the court in advancing equitable access to justice and the rule of law. The effectiveness of existing legal frameworks and institutions in addressing the challenges faced by South Africans. Possible fixes and tactics to improve South Africa's legal system and equitable access to justice. Principal arguments The rule of law and equitable access to justice in South Africa are still greatly impacted by the legacy of apartheid. persons from marginalized groups, such as women, persons of color, and those with impairments, have particular difficulties getting access to the legal system. In order to advance the rule of law and equitable access to justice, the judiciary, law enforcement, and civil society groups are essential parties. It's possible that the institutions and legal structures in place are insufficient to handle the problems South Africans confront. The judicial system could be strengthened, legal services could be more easily accessed, corruption could be stopped, and underlying social and economic inequality might be addressed. Methodological approach: A mixed-methods strategy is used in this study to combine quantitative and qualitative research techniques. Comprehensive information on the experiences of disadvantaged populations and the obstacles they encounter in obtaining justice was gathered via the use of qualitative research techniques such focus groups, interviews, and case studies. Surveys and statistical analysis are examples of quantitative research methodologies that were used to examine data on the impact of policy initiatives, the prevalence of legal concerns, and the efficiency of legal institutions. Relevance. Policymakers, attorneys, and civil society organizations that support the rule of law and equitable access to justice in South Africa should take note of the research's important conclusions. The research gives suggestions for resolving these issues as well as insightful information on the difficulties marginalized people face. Audience: Policymakers, attorneys, academics, and civil society groups working on problems pertaining to the rule of law and equitable access to justice in South Africa are the main recipients of this study. However, the general public can also find interest in the research's findings. In conclusion, a just and equitable society in South Africa requires the rule of law and equal access to the judicial system. Even though there has been a great deal of progress since apartheid ended, there are still big obstacles to overcome. In order to create a society that is more inclusive and just, South Africa must confront these issues and put practical solutions into place.

Keywords : Rule of Law, Supremacy of Law, Legal Equality, Accountability, Transparency, Fairness, Justice, Equal Access to Justice, Legal Aid, Pro Bono Services, Judicial Independence, Human Rights, Discrimination, Marginalized Communities, South Africa: Apartheid, Transition to Democracy, Constitutional Democracy, Racial Inequality, Poverty, Corruption, Challenges, Judicial Independence, Access to Justice, Corruption, Inequality, Discrimination, Limited Resources, Geographical Location, Solutions: Strengthening the Judiciary, Improving Access to Justice, Combating Corruption, Addressing Racial Inequality, Investing in Rural Development, Promoting Legal Literacy, International Cooperation, Theoretical Frameworks, Critical Legal Studies, Social Justice Theory, Human Rights Theory, Intersectionality Theory, Governance Theory.

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