In a democracy we pride ourselves on having a few basic elements: competitive electoral process, minimal corruption and separation between government branches. Though the executive may not be able to directly influence the independence of the judiciary, social and political elites still maintain the ability too and thus pre-determine their trial outcomes. Oscar Pistorius was on trial last week for accusations of murder. The evidence uncovered prior to and during the trial seemed to support that Pistorius did indeed murder his supermodel girlfriend. Yet when the trial verdict was released a couple days ago Pistorius was granted bail by the judges.
Did Pistorius’ athletic stardom and/or South African celebrity status enable him to secure bail in the premeditated murder trial? If so what does this say about the democratic levels of the courts in South Africa? The courts may be independent and free from executive constraints yet subject to corruption.