12 MAY 2025
House Chairperson
Chairperson for the Portfolio Committee on Justice & Constitutional Development, Hon. Xola Nqola and Members of the Portfolio Committee
Deputy Minister of Justice & Constitutional Development, Andries Nel
National director of Public Prosecutions Adv Mothibi
Deputy Public Protector Adv Dube
Chairpersons of Legal Aid South Africa Judge Mbele
Chairperson of Sherrif Board Adv Morgan
Members of Boards of Entities of the J&CD
Acting Director-General of DOJ&CD, Ms Kalay Pillay
Honourable members and
As we celebrate 30th year anniversary of the adoption of the Constitution, let us stand together and say: “One Constitution, One Nation – Reflect, Renew, Recommit.” Together, these themes call on all South Africans to recommit to constitutional values, inclusive development, and shared responsibility for nation building.
The assessment of the performance of our constitutional democracy will continue to be an ongoing process, a subject in ongoing conversations by South Africans themselves about their own lived experience. However, it hardly requires to be stressed that moving from the dehumanization of black people by apartheid and colonization to a system in which all are equal before the law is an achievement which cannot be underplayed. Reflecting on South Africa’s democratic breakthrough in an interview in 2000, President Mandela emphasized how great an achievement it was the historic restoration of legality through the adoption of the constitution when he said:
“We have introduced a rule of law. That never existed for centuries in this country, especially under apartheid, when the law was reduced into disrepute.”
In this sense, the rule of law was not a technical reform, it was an act of liberation. The rule of law gives institutional form to this responsibility. It ensures that power is exercised lawfully, that rights are balanced with duties, and that freedom does not descend into arbitrariness or domination. It reclaimed the law as an instrument of justice rather than oppression, transforming freedom from a political aspiration into a lived, enforceable reality.
Our constitution enjoins us to heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights; and “Improve the quality of life of all citizens and free the potential of each person”. As law makers and leaders in the executive branch we have to drive policies and programmes that will empower the people economically especially the youth and women.
I am happy to announce the implementation of housing reparation that was launch by President Ramaphosa in Ndwedwe last month, 267 beneficiaries have been positively verified and of this 215 have been processed and finalised.
Honourable members,
Transformation of the society and the economy is an integral part of healing the divisions of the past and freeing the potential of each person. Our past in which blacks were deliberately and systematically impoverished demands that the conditions must be made through transformative legislation and programmes for the victims of the impoverishment to meaningfully participate in the economy. It is for this reason that we shall not relent in our defense of the legal sector code which is being resisted by those who currently enjoy the benefits of exclusive economic stratification that favours white males.
For our part as government, we have made a commitment to the sector to implement a number of reforms so that we can alter our briefing patterns in favour of the blacks and women legal practitioners. The request for quotation (RFQ) system will be reviewed so that state attorney’s intent of diversifying briefing patterns of the state in favour of blacks and women is achieved. The office of the state attorney has commenced with the process of profiling legal professionals with the aim of creating a grading system which will be used in the allocation of briefs. The grading system will use number of years in practice to grade practitioners who wish to compete for work in the public sector so as to ensure that RFQs are compiled such that they are sent to Legal Practitioners of the same years of experience and cater for all genders. The OSG will publish the details in the next few weeks.
On management of litigation, we will utilise the intergovernmental National Litigation Forum to ensure a coordinated approach between State Attorneys and client Departments. This will ensure state briefing patterns are consistent across government and transformation policies are adhered to without exception. To deal with the backlog on state litigation, we are going to bring in legal experts who are going to help us assess the merits of each case to determine the best course of action on how to resolve the cases. This will help us to speedily reduce the litigation backlog and bring down the cost of litigation for the state.
Honorable members,
The Department has successfully achieved a clean audit for all its funds therefore demonstrating its commitment to financial transparency and accountability in the 2024/25 financial year and will continue to maintain a clean audit on all its funds. In addition, it addressed 60% of material findings on predetermined objectives. In an effort to achieve more, the root cause analysis was conducted to determine corrective actions to improve audit outcomes on performance information.
For the financial year 2026/27, the Department’s budget allocation amounts to just over R 26.3 billion, of which R16.4 billion is allocated to compensation of employees which is 62% of the total, R 5.4 billion for goods and services, R 3.8 billion for transfers and subsidies to public and constitutional entities, R2.75 billion for magistrates’ salaries and R 628.8 million for payments for capital assets. The budget was reduced by R332.108 million in 2026/27, driven by the downward revision of the inflation target, from 6% to 3%, and a function shift to the Office of the Chief Justice (OCJ) as part of phase 1 towards a single judiciary.
The priorities for this financial year include fighting crime and corruption, increasing access to justice through improved efficiency and effectiveness of our systems, and deepening the transformation of the legal sector.
On fighting crime and corruption
President Cyril Ramaphosa observed in his state of the nation address that “Organised crime is now the most immediate threat to our democracy, our society and our economic development”. Organised crime is a criminal ecosystem that links many of the countless criminal acts including extortion, illegal mining, money laundering, gang violence etc. while corruption is a lifeblood of organised crime.
In response the criminal justice system will intensify its efforts to fight against organised crime and criminal syndicates, using technology, intelligence and integrated law enforcement. This means that the justice value chain from investigative agencies through prosecution to our courts have to work together in a coordinated fashion to bring criminals to book. In this regard, the national prosecuting authority (NPA) is already working closely with the SAPS through a special task team that has been established following the interim report of the Madlanga Commission of Inquiry. The team aims to accelerate prosecutions regarding corruption and state infiltration by organized criminal elements.
On the fight against corruption, in addition to prosecuting those who commit acts of corruption, we are going increase the effort to deprive criminals of ill-gotten wealth through asset forfeiture. This work will be done by the NPA and the special investigating unit (SIU).
In the previous financial year, NPA’s Asset Forfeiture Unit (AFU) obtained 481 freezing orders against a target of 310, exceeding the target by 55%. In addition, freezing orders to the value of R859.4 million were secured against a target of R700 million, reflecting an overachievement of 23%.
The Asset Forfeiture Unit (AFU) obtained recoveries to the value of R533 million against a target of R160 million, exceeding the target by 233%. This overachievement is mainly attributable to ongoing recoveries in civil asset forfeiture (C-ADR) matters, carried over from the previous financial year, thus ensuring that persons and entities do not benefit from unlawful activities and corruption.
Similarly, in the previous financial year the SIU secured several major court outcomes and settlements. Two significant settlement agreements, one with Wabtec to the value of R7.9 billion and another with Bombardier valued at R14.3 billion, were made orders of court, declaring both contracts unconstitutional and invalid. The SIU also recovered R600 million for Transnet following the Nedbank interest swap settlement.
Key Special Tribunal victories included orders against Easyway valued at R68 million, Buthelezi EMS valued at R1 billion contract set aside and R532 million declared recoverable, and Halo’s R115 million contract was also declared invalid. These outcomes enabled the SIU to intensify recovery efforts, resulting in R609 million in actual cash recovered and R854 million in losses prevented to date.
In this financial year, the Asset Forfeiture Unit (AFU) will focus on strengthening asset forfeiture outcomes by targeting freezing orders to the value of R1 billion and recoveries to the value of R350 million. These targets are aimed at enhancing the disruption of criminal enterprises and improving the recovery of proceeds of crime.
In this financial year, the SIU plans to intensify its efforts to recover state assets and protected them from maladministration, fraud, and corruption. In this connection, the SIU has set a target of R2 Billion for cash and/or assets recovered through civil and other legal proceedings, R6 Billion for Contracts and/or administrative decisions/ actions set aside or deemed invalid and R1.5 Billion Potential loss prevented. This also includes a target of R3 Billion value of matters where evidence was referred for the institution or defence/opposition of civil proceedings.
The fight against crime and corruption will also be bolstered by enabling legislations which we will amend. As part of the broader protection for Whistleblowers, we released a Bill for public comments with closing date of the 14th May this year with a view to finalise it within this financial year. This Bill aims to provide a clear-cut procedure for a discloser to follow, is pro-active in providing physical protection, preventing retaliation, and exploring mechanisms for incentivised disclosures.
Hon Members, on Legislative Programme for this Financial Year
Criminals have been abusing our electronic communication service and using it to facilitate serious crimes undetected because of noncompliance. We are at an advanced stage of the amendment of RICA which will lead to enhancement of the value chain on SIM Card registration process which will be based on biometric verification, as well as passport and immigration status verification for foreign nationals. In the meantime, to put a stop to this non-compliance, I chaired a meeting with JCPS colleagues engaging with mobile network operators, and we have agreed that by end of June they should provide a plan on how they are going to comply with current RICA provisions to address unregistered and illegal sim cards. We also took a decision to start implementing enforcement by July this year,and none compliance will face a penalty as per RICA.
We are aware of the outcry about the outdated Criminal Procedure Act and have communicated such to SALRC and we anticipate to introduce the amendments in this financial year. Other amendments include the public protector act to enhance the operations of the office of the public protector, the SIU act to amongst others to empower the SIU to conduct preliminary investigations for the purpose of determining the veracity of the allegation and to receive any allegation and the NPA act to entrench financial and administrative independence. Lastly, the amendments to remove the confidentiality clause will be effected, to allow for the publication of the National Register for Sex Offender (NRSO)
On the fight against GBVF
The Department remains committed to contributing to establishing a criminal justice system that is preventative, responsive and effective against the GBVF pandemic.
During the current financial year an additional 20 sexual offences courts will be established in communities with the highest incidence of sexual offences to ensure a dedicated focus on these cases. In the last financial year, 40 courts were upgraded in line with the minimum standards for domestic violence. In the current financial year, 44 district courts will be upgraded in line with the minimum standards of this strategy to provide a new service model that is custom-made for victims of domestic violence.
The NPA currently has 68 Thuthuzela Care Centres, and it will add 4 more in the 2026/27 financial year to bring the total to 72. SOCA unit will continue to enhance its work to ensure successful prosecutions of GBVF cases
ICT services and platforms
The Department’s technological advancements fall into two broad areas: improving core operational efficiency and enhancing public service delivery. To improve efficiency, the DOJ & CD plans to replace fragmented legacy systems with integrated systems to enable seamless information sharing and real-time data exchange across different justice departments. This strategy prioritises the following, amongst others; upgrade of Local Area Network (LAN) and Wide Area Network (WAN); the replacement of end-user devices; the modernisation of the data centre, including the adoption of cloud technologies; the strengthening of cybersecurity; and the replacement of unreliable priority legacy systems. Priority courts, Masters Offices and State Attorneys officers have been identified for this financial year and the roll out will continue of the MTEF based on budget allocation.
Access to Justice
In its endeavour to increase access to courts by the disadvantaged communities, the Department has undertaken an initiative to extend additional court services to the courts that are historically serving as satellite points for larger magistrates’ courts. During this financial year, additional services will be extended to 19 courts across the country. This initiative is aimed at bringing justice services closer to rural and township communities, reducing travelling time and cost, and alleviating the caseloads at the main courts. Regarding Lower court infrastructure, a budget allocation of over R 463 million has been set aside for buildings and other fixed structures for financial year 2026/27. 186 projects at various stages of implementation will be funded from the allocation and priority will be given to projects already underway. The total budget allocation for minor works or maintenance of the courts across provinces is just over R48.5 million.
Development of a capable state
We have taken a decision to review the structure and ensure that all positions are fit for purpose and will help us achieve the objective. We are pleased with the Appointment of the NDPP and the Mpumalanga DPP in NPA, DDG Corporate Services in the department, and we are finalising the appointments of DNDPP which are in final stages. Within the Department following the departure of 2 DDGs and the DG, the process to fill this post has been initiated. We are also prioritising filling Critical Core vacancies across the department and organisations within the portfolio. Unfortunately the early retirement programme has had its own unintended consequences which include losing key capabilities requiring a new recruitment plan to be put in place.
On Masters Offices
We have had engagements with business against crime which brings together private sector partners and SARS in supporting the reforms we are implementing at the Masters office. Through this partnership we have been able to significantly reduce regular cyber fraud attacks on the Gaurdian Fund system. My word of appreciation goes to these partners. We look forward to a continuing strong partnership that will lead to a successful implementation of a turnaround strategy at Masters office in this financial year.
Professionalisation of Sheriffs
As part of professionalising, modernising and digitising the Sheriffs profession. Sheriffs will be required to wear uniform whilst on duty like other law enforcement officers. This is in response to the loud outcry by members of the public regarding the identification and impersonation of sheriffs in the service of court documents and execution of court orders. We are finalising the comprehensive review of the legislative framework of the Sheriffs Act and its Regulations to bring it in line with the ever-changing legal landscape and to incorporate international best practices in regulating the sheriffs profession.
Finally, let me say that the future of South Africa’s democracy does not hinge on rewriting the Constitution. It hinges on making it relatable on internalising its values and deepening our shared national consciousness around the constitutional principles.
Honorable members,
I hereby table budget vote No. 25 for the Department of Justice and Constitutional Development together with priorities for financial year 2026/27.
Thank you