Minister Mmamoloko Kubayi: Justice and Constitutional Development Dept Budget Vote 2025/26

House Chairperson 
Deputy Minister of Justice and Constitutional Development Hon Andries Nel
Chairperson for the Portfolio Committee on Justice & Constitutional Development, Hon. Xola Nqola and Members of the Portfolio Committee
Public Protector of South Africa Adv Kholeka Gcaleka
National Director of Public prosecutions, Adv Shamila Batohi
Head of the SIU, Adv. Andy Mothibi 
Director General of Justice & Constitutional Development Adv Mashabane
Chairperson of the Sheriff Board Adv Morgan
Honourable members

As I stand let me take this opportunity to convey my sincere condolences to the Mabuza Family, the ANC, the people of Mpumalanga and the country at large after the passing of our former Deputy President who was affectionately known as Bhuti.

We pay tribute to him and appreciate his role in liberating our country and for his developmental approach in governance. He was like a still water in the midst of chaos and reasonable voice in the midst of confusion. Lala Ngokuthula Mshengu

This year we also mark 30th anniversary of the inauguration of the Constitutional Court which is both as a living monument of the victory of the vision of the Freedom charter which is also 70 years this year.

The court is a monument of the triumph of the liberation struggle over the barbarism of apartheid and a symbol of our continued effort to create a South Africa in which among others all are equal before the law as proclaimed the Freedom charter clause that said “All shall be equal before the law”.

Hon Members I stand to table budget vote 25 and its priorities. The Department will continue to direct all its efforts towards improving not only performance, but also its impact through service delivery.

The most pressing challenge is limited funding, with the Department facing a severe annual budget shortfall of approximately one billion rand over the Medium-Term Expenditure Framework period.

For the financial year 2022/23, the Department’s budget allocation amounts to just over R 25.3 billion, of which R 13 billion is allocated to compensation of employees, R 5.4 billion for goods and services, R 3.5 billion for transfers and subsidies to public and constitutional entities, R 2.6 billion for magistrates’ salaries and R 652 million for payments for capital assets.

The Fiscal environment demands of us to do more with less and to be prudent in our spending.

The Department will prioritise increasing access to justice, the continued implementation of the TRC report, the turnaround of the Masters offices, Improved State Litigation, the fight against GBVF, fighting fraud and corruption, accelerating transformation of the legal sector, operationalisation of the traditional court, and review of all apartheid laws.

Access to Justice

Honourable members,

To improve the quality and availability of the services at the Masters office we will partner with the private sector and other government agencies such as SARS and home affairs to implement a digital solution that enable operational efficiency and effectiveness. 

The office of the State attorney has been experiencing significant operational challenges due to lack capacity and operational systems. The implementation of a Turnaround strategy is underway at the state attorney which includes systems overhaul, capacitation of the offices such as special focused teams for SCA and Constitutional court.

On TRC matters

The preamble of our constitution enjoins all of us to work together to heal the divisions of the past. The TRC made recommendations and in June 2003, Parliament approved the granting of reparations to TRC identified victims in respect of final reparation in the form of a once-off grant of R30 000,00; medical benefits and other forms of social assistance; symbols and monuments; and rehabilitation of communities for purposes of contributing to healing the wounds of the past and restoring human dignity.

• The total amount paid to individuals as interim reparations is almost  R53m.
• The total amount paid for the final once-off individual grants is just below R500m
• In Basic education total number of learners funded is 11934 and the payments made to the beneficiaries in respect of this reparation is about R137m
• The total number of students funded is 1922 and the payments made to the beneficiaries in respect of this reparation is R132m
• Gallows Exhumation project out of a total of 180 remains recovered including missing persons, gallows and other cases 76 have been handed over to families and will conclude 2 that are remaining this year
• On TRC related criminal cases and inquest work, there are total of 158 separate investigations of with 7 matters on the criminal court roll, 7 reopened inquests, 10 formal inquests, 6 finalised inquests, 4 pending inquests and 2 convictions.

President Cyril Ramaphosa has established A Judicial Commission of Inquiry into allegations regarding efforts or attempts were made to stop the investigation or prosecution of the Truth and Reconciliation Commission cases to be chaired by retired Constitutional Court Judge Sisi Khampepe

Fight against the scourge of Gender-Based Violence and Femicide

Gender-based violence and femicide continues to devastate individuals and communities. We have a duty to do all that we can to protect the victims of Gender-based violence especially women and children. In this connection, the Department has adopted a victim biased and victim centric approach which puts the victim first to avoid case bungling which gets perpetrators off the hook and secondary victimisation.

Over the 2024-25 period NPA recorded 3697 convictions in relation to sexual offence with over 79% convicted with direct imprisonment, while 44 147 victims were supported at the 66 Thuthuzela Care Centers (TCCs) across the country. In collaboration with SAPS, the DNA project has processed 60 518 DNA samples to track and deal with repeat sexual offenders and serial rapists.

Going forward, we will increase the national footprint of sexual offences courts, particularly in rural communities with additional 16 sexual offences courts to be established in line with the recent amendments to the law and  2 additional TCCs. The Sexual Offences Courts shall assist to deal with the alarming figures of sexual violence in the country, and offer support services that are tailor-made for the survivors of sex crime.

Additionally, the Department will ensure that all convicted sex offenders are registered in the National Register for Sexual Offenders (NRSO) and initiate a process to review legislation that is currently an inhibitor to the public release of this register. The Department further plans to ensure that protection orders are served by the clerk of the court on the respondent no later than 24 hours from the time the order is received by the clerk of the court.

Fight against Fraud and Corruption

The Department will increase efforts towards disrupting and reducing the effects of organised crime through a multi-stakeholder approach, collaborating closely with key partners, including the SAPS, DPCI and SARS. The Asset Forfeiture Unit (AFU) of the NPA successfully recovered over R3.9 billion in ill-gotten gains through the implementation of the Corporate Alternative Dispute Resolution mechanism, thus ensuring that persons and entities do not benefit from unlawful activities and corruption.

In financial 2024/25, the special Investigation Unit (SIU) recovered a cash value of more than R833 million, assets to the value of R 1.3 billion, set aside irregular contracts worth R 5.6 billion and prevented potential loss to the state to tune R 2.7 billion. The establishment of the Special Tribunal has allowed for expedited resolutions and substantial recovery for the state, showcasing the Unit's effectiveness.

The SIU will also enhance its anti-corruption through among others establishing a dedicated Lifestyle Audit Unit as a permanent capability to enhance its mandate in detecting unexplained wealth and preventing corrupt practices. This initiative includes the acquisition of an advanced lifestyle audit analytics tool that will increase efficiency and enable high-quality, evidence-based reporting. The Unit will ensure protection of whistle-blowers and SIU personnel integral to upholding the integrity of anti-corruption efforts.

On Global fight against corruption

NPA will continue to lead efforts to address the weaknesses identified by the Financial Action Task Force (FATF), working with all partners. 
The SIU will continue to support the Department of Public Service and Administration (DPSA) in coordinating the G20 Anti-Corruption Working Group (ACWG). In this regard, SIU Head Adv Mothibi was nominated to chair the G20 Anti-Corruption Working Group (ACWG).

On Transformation

It is clear from the statistics that the legal profession is not transformed. It is equally clear that the Generic Codes which ensured that firms receive Level 1 B-BBEE accreditation, despite not being sufficiently transformed, are hopelessly inadequate and unsuitable for the legal profession and its unique characteristics. The challenge of the sector code by Norton Rose and other big firms is regrettable and indicates that our country has a long way to go until all us to accept “South Africa belongs to all us, black and white.”

Black and female legal practitioners have not had access and opportunities to develop and practice in complex and specialised areas of the law such as commercial law, maritime law, private international law, competition law and the like. Instead, most black and female legal practitioners often practice in the fields of labour, personal injury and family law. As a result, it is difficult for black legal practitioners to develop successful and sustainable legal practices.

The result is that a large proportion of female legal practitioners, especially black females leave the sector. The legal sector code provides a framework through which the briefing patterns, the ownership patterns and the participation of vulnerable groups such as youth and women will be changed in favor of the previously disadvantaged.

Accordingly, we will ensure that the State Attorney’s allocation briefs to previously disadvantaged groups and female legal practitioners reach and maintain the targets of 40% and 42% respectively in terms of value. This will significantly transform the briefing patterns of the sector. Honorable members, we will defend the LSC because we believe that the transformation of the legal profession is an absolute must.

On building a capable state and skills development

The Bridget Mabandla Justice College is currently embarking on a strategic repositioning journey aimed at transforming it into a capable, high-performing organisation that is professional, efficient, and responsive to the needs of the sector.

Among other things, BMJC has already established specialised schools and trainings as follows: the School of Prosecutions (NPA); the Forensic and Cybercrime Academy (SIU) and Sheriffs Introductory Course Programme.

This Directorate will also establish the following Schools by August 2025: Alternative Dispute Resolution; Legal Interpreting and Language Studies; Constitutionalism, Human Rights and GBV; Masters and Family Law training; Paralegal Studies; and Trial Advocacy and Forensic Investigation Techniques.

On Review of Legislation including colonial and apartheid-era legislation

The Department will continue to prioritise the review of justice-related colonial and apartheid-era legislation to align them with the Constitution of the Republic of South Africa, 1996 (Constitution). The new legislation will ensure improved and equal access to justice services that will cater for all, including vulnerable groups such as women, children, and people with disabilities, so as to create a transformed society that is freed from the divisions of the past. Outdated legislation in relation to key service delivery areas.

Honourable members,

Let me conclude with the words of Nelson Mandela from the speech he delivered at the inauguration 30 years ago, he said: “We have fought hard for the basic principles enshrined in the…constitution. The rights and freedoms it proclaims are not simply words taken from hallowed texts in other parts of the world. They represent our endeavours, and our dreams of a free and just society.”
Honourable members

I hereby table budget vote No. 25 from the Department of Justice and Constitutional Development together with priorities for financial 2025/26.

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