Pretoria: Justice and Constitutional Development Minister Mmamoloko Kubayi has announced significant progress in transitioning the Judiciary towards administrative and operational independence.
According to South African Government News Agency, the Minister made these remarks during a webinar hosted by the judicial monitoring body, Judges Matter. Earlier this year, President Cyril Ramaphosa, alongside members of the National Executive, initiated a high-level engagement with Constitutional Court Chief Justice Mandisa Maya and Heads of Court to begin a process aimed at entrenching the Judiciary’s independence.
The proposed model for this transition involves achieving structural independence, which includes financial and operational independence, with a vision to establish a single Judiciary. This process also includes the transfer of the administration of the Lower Courts, such as the Magistrates Commission, to the Office of the Chief Justice (OCJ). During her dialogue with Judges Matter, Kubayi detailed the progress, emphasizing the phased transfer of functions.
Kubayi stated that since the task team’s formation to work on the transition, notable strides have been made. Phase 1 is set to involve the immediate transfer of shared services related to the Superior Courts from the Department to the OCJ, with the transfer becoming effective on 01 April 2026. Phase 2 aims to operationalize legislation to grant the Judiciary full institutional independence, including the creation of a single Judiciary, with a draft bill expected by the end of the year.
Acknowledging potential complexities, Kubayi highlighted the importance of transferring District and Regional courts to the OCJ to strengthen the Judiciary as a third arm of the state. An audit of court-related functions has indicated that the Magistrates Commission and various court operations should be transferred to the OCJ.
Kubayi also outlined a proposal for a dispensation similar to that of Parliament, where the secretary general of the Judiciary would appear before Parliament to account for finances. The enabling legislation will aim to provide financial and operational independence for the superior courts’ administration, promoting governance and appropriate checks and balances.
The OCJ will be responsible for administering and supporting courts, including information technology services, corporate and logistic services, case flow management, infrastructure services, resource management, and operational support. It will also manage human resources and the budgeting and accounting of the courts and the OCJ.
Reiterating the government’s support for this process, Kubayi stressed the independence of South Africa’s courts, particularly the Constitutional Court, which has been able to maintain its principles without executive interference. She reaffirmed the executive’s commitment to safeguarding judicial independence and creating a single judiciary that is administratively and operationally independent.