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Kubayi unveils wide-ranging reforms to strengthen justice system

Africa Biz Watch by Africa Biz Watch
December 7, 2025
Minister Kubayi.
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Justice and Constitutional Development Minister Mmamoloko Kubayi has outlined measures aimed at modernising technology systems and tightening accountability across the justice sector.

At a briefing on Saturday, the Minister said the seventh administration remains committed to building “a modern, transparent and accessible justice system”, where all are equal before the law.

The Minister, supported by Deputy Minister Andries Nel and senior departmental officials, delivered a comprehensive update on progress and challenges in court operations, ICT modernisation, infrastructure upgrades and reforms to judicial governance.

She said the briefing was “an opportune time to pause and reflect on our work”, emphasising that strengthening the justice system is central to public trust and constitutional obligations.

Improving ICT and contract management

A review of the department’s ICT environment found 22 vendor contracts that had been “poorly managed and monitored”, with some extended repeatedly without delivering value for money.

“What is worrying is the brazenness and attitude of service providers,” she said, noting that some had threatened litigation when their contracts come to an end without extension.

Through Operation Vulindlela, a Standard Bank SAP [Systems, Applications and Products] specialist team has been deployed to stabilise ICT systems at the Master’s Office.

The turnaround strategy for the Master’s Office prioritises digitalisation, improved payment systems, and more efficient service delivery.

“The [specialist team has] been able to help us to resolve payment process challenges, stabilise our payment processes and restore operational integrity… 

“In this area, we continue to have loss of money, where people were stealing from our system in the Guardian’s Fund, where money would be taken out and in [some] instances, [we] would pick up that the monies have been withdrawn in casinos and in churches, and when we work with the FIC [Financial Intelligence Centre], some of the monies were irrecoverable,” Kubayi said.

However, the measures being undertaken are leading to a reduction in the instance of fraud.

The Minister said fraud in the Guardian’s Fund had previously cost the department millions a month, but the current interventions are “showing steady improvement”.

Rebuilding capacity in the Office of the State Attorney 

The Office of the State Attorney is undergoing restructuring to address long-standing capacity shortages. Dedicated teams will soon handle Constitutional Court and Supreme Court of Appeal matters, easing pressure on provincial offices.

Staff burnout, the Minister said, remains a concern. 

“You see the signals when people are admitted into hospitals because of work,” Kubayi said, adding that efforts are underway to fill critical legal posts. 

Additionally, payments to legal practitioners, once delayed for up to six months, have now stabilised.

Accountability and disciplinary measures

The Minister said disciplinary processes involving senior officials — including in ICT and security functions — are progressing, and she has made herself available to testify, where required.

During the 2024/25 financial year, 164 labour relations cases were finalised. Fifty-four officials were dismissed for corruption, maladministration, fraud, theft, dishonesty and misconduct. Several cases were referred for criminal investigation.

“We have zero tolerance for corruption and fraud in our institutions,” Kubayi said.

Expanding prosecutorial and judicial capacity

The department is moving to strengthen the magistracy, National Prosecuting Authority (NPA) and court support roles.

This year, 343 aspirant prosecutors completed NPA training, and recruitment is underway for 161 additional posts. 

The process to appoint a new National Director of Public Prosecutions (NDPP) is also advancing, with interviews set for next week. However, the Minister expressed concern that only six of the 35 applicants met the requirements, saying the panel will recommend reforms to attract stronger candidates, including around tenure and remuneration.

The appointments of 68 Regional Court magistrates has been finalised, with training set for February 2026. A further 68 senior magistrate posts await final signatures, while the recruitment of 198 district magistrates is underway. 

Additionally, 68 sheriffs have been appointed nationwide to strengthen court operations.

Advancing a single, independent judiciary

Government has reaffirmed its commitment to establishing a single, fully independent judiciary by consolidating court administration and judicial governance under the Office of the Chief Justice.

Legislation will be developed following consultations with heads of courts, magistracy leadership, Treasury, the Department of Public Works and Infrastructure, the Department of Public Service and Administration DPSA and other key stakeholders.

Meanwhile, public-private partnerships are being expanded to modernise court buildings, including plans for the Johannesburg High Court precinct.

Water tanks, solar installations and enhanced security measures are being rolled out nationally, particularly to support presiding officers and prosecutors facing threats. Infrastructure upgrades include scanning systems, surveillance and improved coordination with law enforcement agencies.

At the lower court level, reforms are underway to strengthen Small Claims Courts. Their monetary jurisdiction will increase from R20 000 to R30 000 by April 2026, and the number of courts will grow to 418. Additional commissioners will be trained to boost access to justice.

Action against GBV

Marking the 16 Days of Activism campaign, the Minister outlined ongoing efforts to combat gender-based violence and femicide (GBVF).

Key achievements include:

  • Expanding Thuthuzela Care Centres from 62 to 66.
  • Maintaining a 70% conviction rate in sexual offence cases.
  • Ensuring 72% of convicted offenders are entered into the National Register for Sexual Offences within 10 days.
  • Upgrading 40 Domestic Violence Courts.
  • Operationalising 79 of 92 Sexual Offences Courts.
  • Appointing 103 intermediaries and distributing 150 wheelchairs to support vulnerable court users.

The department also appointed 60 staff to improve turnaround times for verification certificates linked to the Sexual Offences Register, ahead of planned legislative reforms that will expand public disclosure.

Prosecutorial directives now require prosecutors to consult complainants within 22 days, secure appropriate bail conditions, and ensure survivors fully understand their rights.

“Every day must be a day of activism,” Kubayi said, adding that South Africa “owes survivors of GBVF safety, respect and compassion”. – SAnews.gov.za



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