Minister of Justice and Constitutional Development, Mmamoloko Kubayi, answers Questions in the National Assembly during the Cluster 1: Peace and Security Session, 28 May 2026
Question 1: How is the OCJ budget shortfall affecting court technology and court records management?
The Office of the Chief Justice (OCJ) is not currently aware of the continuous disappearance of court records affecting court proceedings and causing dysfunctionality in the system. However, there has been a challenge in accessing some court records from a previous system (Dalet) due to a cyberattack years ago. In instances such as these, all possible steps are taken to reconstruct the affected court records. The OCJ is in the process of procuring thirty-four (34) Court Recording Technology and Sexual Offences System machines to ensure uninterrupted recording of court proceedings through the Criminal Assets Recovery Account (CARA) funding allocation.
Currently, there is an estimated R57.4m budget shortfall. The OCJ will ensure that its service delivery needs are appropriately costed and will continue to utilise the normal MTEF process to motivate for additional funding going forward to prevent any adverse impact on the support to the Judiciary and the public. This has consistently been done through engagements between the Minister of Justice and Constitutional Development, the Minister of Finance, and the Heads of Courts led by the Chief Justice.
Question 2: Why is there an exclusion of medical benefits for magistrates and lower-level public office bearers?
Magistrates are public office bearers and are entitled to such salaries, allowances, and benefits as determined by the President in terms of section 12(1) of the Magistrates Act, 1993 (Act 90 of 1993) by notice in the Gazette, taking into consideration the recommendations of the Independent Commission for the Remuneration of Public Office-bearers (IRC). Furthermore, Parliament must, before the publication of the Notice, approve the determination whether in whole or in part, or disapprove of it. Medical Benefits are part of the Benefits recommended and under the purview of the Commission, approved by the government, not the Minister.
Currently, each Magistrate is allowed to structure their benefits in a manner that is suitable to them. I must indicate that Magistrates have been indicating that they are not happy with their current packages and their benefits. The IRC published for comments a major review on the salaries, allowances, and benefits of all public office bearers, including that of Magistrates, which includes their medical benefits amongst other benefits. I am informed that this process has not been concluded by the commission. Similarly, Lower court officials within the Department of Justice and Constitutional Development are appointed in terms of the Public Service Act, 1994, as amended, and the Public Service Regulations, 2016. All lower court employees qualify for medical assistance benefits. Employees are eligible for membership in the Government Employees Medical Scheme and also qualify for a government subsidy.
As the Minister of Justice and Constitutional Development, I do not determine medical benefits of either Employees or Magistrates.
Question 3: How is the Minister managing the challenges faced by law graduates in accessing the legal profession?
The Department of Justice and Constitutional Development has implemented several targeted initiatives to address the entry barriers faced by law graduates. Together with key justice sector institutions, the Department has implemented a range of targeted and complementary initiatives in partnership with institutions such as SASSETA, PSETA, etc, aimed at broadening access to the legal profession. These include Candidate Attorney, Articleship and Internship programmes within the Offices of the State Attorney – Four hundred and six (406), Legal Aid South Africa – One thousand and sixty-three (1063) candidates, the National Prosecuting Authority – through the Aspirant Prosecutor Programme - Hundred and eleven (111) LLB Graduates and the Special Investigating Unit – Forty-five (45) LLB Graduates, which collectively provide structured practical legal training while advancing transformation and access to justice.
These initiatives are designed to provide workplace exposure, skills development, and mentorship within specialised legal, investigative, and litigation environments, while balancing transformation objectives with operational, security, and capacity considerations across the justice sector.
While the offices of the State Attorney remain the primary placement sites, entities such as the SIU, Legal Aid, and NPA continue to support transformation through structured workplace exposure, skills development, and mentorship of legally qualified personnel within investigative and litigation support environments, subject to mandate-specific and resource constraints.
The Offices of State Attorney, Master’s Office, SIU, Legal Aid, and NPA support internal capacity building and career progression for legally qualified employees, recognising that transformation of the profession must be balanced with operational sustainability and the specialised nature of investigative work. Furthermore, SIU has established an internal legal practice called the SIU law firm from 1st April 2026, which will contribute to the transformation and capacity building of legally trained professionals within the State.
Question 4: How is the Minister dealing with allegations of fraud and corruption involving state officials at the Mthatha and Pretoria High Courts?
The Office of the Chief Justice (OCJ) treats all allegations of fraud, corruption, misconduct, and unethical conduct within court administration with the utmost seriousness because such conduct undermines public confidence in the integrity of the justice system and the administration of justice. Hence, the OCJ has incorporated a zero-tolerance approach to fraud and corruption.
Allegations involving the Mthatha and Pretoria High Courts:
The matter relating to the Mthatha High Court remains under investigation. As part of the investigation process, lifestyle audits were conducted on officials alleged to be involved. The investigation team is currently in the process of handing the matter over to the DPCI for further criminal investigation.
The investigation relating to the Pretoria High Court involving four officials and has been concluded from an internal investigation perspective. Three officials have since been dismissed, while one official is still undergoing a disciplinary hearing process.
A criminal case has also been opened with SAPS for further criminal investigation. In addition, one official attached to the Johannesburg High Court was dismissed following allegations relating to the issuing of fraudulent court documents.
The consequence management processes instituted over the past three financial years in matters involving allegations of fraud and corruption relating to the issuing of fraudulent court documents resulted in the dismissal of five officials. Four officials were dismissed during the 2025/26 financial year in matters involving the issuing of fraudulent court documents, while one official was dismissed during the 2024/25 financial year for similar misconduct.
(b) Over the past three financial years, a total of 75 matters arising from allegations of fraud, corruption, and other criminal irregularities within court administration were referred by the OCJ to law enforcement agencies for criminal investigation after criminal elements were identified during internal investigations.
The breakdown is as follows:
- 32 cases in the 2023/24 financial year;
- 26 cases in the 2024/25 financial year; and
- 18 cases in the 2025/26 financial year.
These matters relate to various forms of alleged criminal conduct identified during investigations, including fraudulent court orders, corruption, financial misconduct, abuse of official processes, and other irregular activities affecting court administration.
The Directorate for Priority Crime Investigation (DPCI) has confirmed that these matters are in different stages of investigation and the DPCI is best placed to provide progress in this regard.
Enquiries:
Spokesperson to the Minister of Justice and Constitutional Development
Ms Palesa Rammitlwa
Cell: 064 933 3628
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