Keynote Address by Honourable Mmamoloko Tryphosa Kubayi, MP Minister of Justice and Constitutional Development of the Republic of South Africa, International Conference on Access to Justice
Programme Director, Sakina Kamwendo
Honourable Deputy Chief Justice of South Africa, Justice Dunstan Mlambo, and members of the Judiciary,
Distinguished President of the International Criminal Court, Judge Tomoko Akane,
Under-Secretary-General of the United Nations and Executive Director of the United Nations Office on Drugs and Crime, Dr Monica Juma,
UNODC Regional Representative for Southern Africa, Ms Jane Marie Ongolo,
Minister of Justice and Correctional Services of the Republic of Botswana, Honourable Nelson Ramaotwana,
Minister of Justice, Law and Parliamentary Affairs of the Kingdom of Lesotho, Honourable Richard Ramoeletsi,
Minister of Justice and Constitutional Affairs of Malawi, Honourable Charles Mhango,
Minister of Justice, Constitutional and Religious Affairs of the Republic of Mozambique, Honourable Mateus da Cecilia Finiasse Saize,
Minister of Justice and Labour Relations of the Republic of Namibia, Honourable Fillemon Wise Immanuel,
Minister of Justice, Legal and Parliamentary Affairs of Zimbabwe, Honourable Ziyambi Ziyambi,
Deputy Minister of Justice and Constitutional Development of the Republic of South Africa, Honourable Andries Nel
Deputy Minister for Constitutional and Legal Affairs of Tanzania, Honourable Zainab Katimba,
Deputy Minister of Social Development of the Republic of South Africa, Honourable Hen
The Premier of the North West Province, Mr Lazarus Kagiso Mokgosi,
Members of Parliament led by the Chairperson of the Portfolio Committee on Justice and Constitutional Development, Honourable Xola Nqola
Chairperson of the Select Committee on Security and Justice Honourable Jane Seboletswe Mananiso
The Acting Prosecutor of the International Criminal Court, Mr Mame Mandiaye Niang,
Ambassador of the Kingdom of the Netherlands to South Africa, Her Excellency Ms Joanne Doornewaard-Verhey,
Deputy Ambassador of the European Union Delegation to South Africa, Mr Fulgencio Garrido Ruiz,
Representatives of various Chapter 9 institutions,
Learned legal practitioners and members of the legal profession and associated bodies,
Representatives from civil society,
Distinguished delegates, officials from various government departments and institutions
Ladies and Gentlemen,
Let me start by extending a very warm welcome all our guests to our country, this important conference and to the beautiful Sun City Resort. I am very delighted to address this distinguished gathering as we commemorate the 30th Anniversary of the Constitution of the Republic of South Africa, while at the same time convening an International Conference dedicated to one of the defining challenges and aspirations of our age: access to justice for all. It is fitting that these two occasions intersect. Thirty years ago, South Africa adopted not merely a constitution, but a national covenant, the enduring pact through which a divided people chose constitutionalism over conflict, human dignity over discrimination, and justice over oppression.
It embodies not only the rules by which we govern ourselves, but the values by which we seek to live together as one nation. Our Constitution represents one of humanity's most profound declarations that law can be transformed from an instrument of oppression into an instrument of liberation. Today, however, we gather not only as South Africans reflecting on our democratic journey. We gather as members of a global community confronting a larger and enduring question:
How do we ensure that justice is not merely guaranteed in law, but experienced in the daily lives of ordinary people?
That question lies at the heart of every constitutional democracy. It lies at the heart of the United Nations system and at the heart of Africa's human rights architecture. And it lies at the heart of the aspirations of billions of people throughout the world.
Ladies and Gentlemen, Thirty years ago, South Africans emerged from one of the most painful chapters in modern history. We chose reconciliation over vengeance; dialogue over conflict; and democracy over authoritarianism. In doing so, we joined a broader human journey that stretches across generations and continents: the pursuit of justice, equality and human dignity. As President Nelson Mandela reminded us: "A nation should not be judged by how it treats its highest citizens, but its lowest ones."
Those words remain profoundly relevant. The ultimate measure of a justice system is not how it serves the affluent, the powerful or the well-connected. Its true measure is how it serves the vulnerable. The woman seeking protection from violence. The child seeking safety and protection from abuse. The worker seeking fair treatment in the workplace. The rural citizen and a widow seeking legal recognition and staking their claim in a deceased estate. The indigent person with no financial means to access justice seeking legal assistance. The true test of justice is whether those who possess the least power can nevertheless find protection under the law.
This is the promise of South Africa's Constitution. South Africa approaches access to justice from a strong constitutional foundation. Our Constitution guarantees equality before the law, access to courts, legal representation in appropriate circumstances, and a range of rights designed to ensure substantive justice for all. These commitments remain among the most progressive constitutional protections globally. South Africa has made significant progress over the past three decades. We have dismantled apartheid era laws, established independent democratic institutions and developed a constitutional jurisprudence that has strengthened socio-economic rights, accountability and participatory democracy.
The progress includes addressing the geographical legacy of apartheid through the rationalisation of our courts to align magisterial jurisdictions more closely with democratic municipal boundaries and bring justice services closer to communities, thereby reducing unnecessary travelling distances and costs; strengthening access to legal assistance by providing legal services to people who cannot afford private lawyers through Legal Aid South Africa, while Community Advice Offices and community-based paralegals provide important frontline assistance, particularly for poor and rural communities; building a justice system capable of responding to the different experiences of those who enter it by developing specialised courts including Sexual Offences Courts, Family Courts, Children's Courts, Domestic Violence Courts, Equality Courts, Commercial Crimes Courts, Labour Courts and Land Claims Courts; and the modernisation of the justice system by advancing electronic case management, the digitalisation of justice services and information-management platforms, while the Integrated Justice System seeks to modernise and better integrate the criminal justice value chain.
However, transformation is not an event but a continuing project requiring our justice system to continuously evolve to respond to the realities of the society it serves. Despite all these achievements a considerable gap between the constitutional promise and the everyday reality experienced by many of our people remains. We should therefore increase our resolve to do more, including the use of technology to expand justice. Digitalisation, artificial intelligence, electronic filing, virtual hearings and online dispute resolution provide extraordinary opportunities to make justice faster and more accessible.
But if technological transformation is undertaken without addressing unequal connectivity, affordability, accessibility and digital literacy, we risk replacing one barrier to justice with another. Our principle should therefore be to use technology to close the justice gap, not digitise it. Equally, as artificial intelligence becomes increasingly integrated into justice administration, technological advancement must remain anchored in human rights, transparency, accountability and judicial independence. Our discussions must equally recognise that access to justice depends upon public trust, integrity and accountability. Corruption and institutional failure weaken confidence that institutions will act fairly and that the law applies equally. A citizen must be able to believe that no person is above the law and that the justice system will act independently, lawfully and without fear, favour or prejudice. For that reason, integrity, accountability, effective prosecution, asset recovery and international cooperation are not separate from access to justice. They are among its essential foundations.
Excellencies, The international community has long recognised that justice is a fundamental human right. The Universal Declaration of Human Rights established the principle that every individual is entitled to an effective remedy before competent national tribunals. The International Covenant on Civil and Political Rights guarantees equality before courts and tribunals and affirms the right to a fair hearing.
The Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of Persons with Disabilities, and the Convention on the Rights of the Child each reinforce a simple but powerful proposition: That justice must be available to all, without discrimination and without exclusion. The most important expression of this principle is found in Sustainable Development Goal 16, through which the international community committed itself to promoting peaceful and inclusive societies, ensuring access to justice for all, and building effective, accountable and inclusive institutions. This recognition represented a watershed moment.
For many years, justice was viewed principally as a legal issue. Today we understand that justice is also a development issue. It incorporates governance issue, inclusive economic growth and the protection of human rights. And increasingly, it is a prerequisite for social stability and public trust. Without justice, rights remain theoretical. Without justice, development remains fragile and democracy itself becomes vulnerable.
Excellencies, The world is witnessing a profound transformation in the understanding of justice. Historically, access to justice was often reduced to access to courts. While courts remain indispensable guardians of constitutionalism and legality, experience has taught us that people encounter justice long before they enter a courtroom. Justice is encountered when a victim reports a crime. When a woman seeks a protection order. When a child receives legal assistance. Around the world, governments and justice institutions are increasingly embracing what has become known as a people-centred approach to justice. This approach starts not with institutions, but with people, not with procedures, but with outcomes. Across every region of the world we see innovation as digital technologies continue to transform justice platforms are reducing barriers to access. Online dispute resolution mechanisms are making remedies more affordable. Community justice centres are bringing services closer to citizens and alternative dispute resolution mechanisms are easing pressures on courts.
Today, we are privileged to be joined by the Executive Director of the United Nations Office on Drugs and Crime. The work of UNODC deserves special recognition. The United Nations Office on Drugs and Crime has emerged as a leading global institution in advancing equal access to justice as an essential pillar of the rule of law, human rights, and sustainable development. Through its Accelerating Justice Initiative and Global Programme on People-Centred Crime Prevention and Criminal Justice Reform, UNODC assists Member States to build justice systems that are accessible, accountable, effective, and responsive to the needs of all people, particularly those who are poor, vulnerable, marginalized, or excluded.
UNODC's work reflects an important global shift towards people-centred justice. It recognises that access to justice is not measured solely by the existence of courts and laws, but by whether ordinary people can meaningfully obtain remedies, legal assistance, protection, and fair treatment when confronted with crime, violence, discrimination, or legal problems. Its programmes support legal aid, police reform, victim support services, restorative justice, institutional accountability, and the responsible use of technology in criminal justice systems.
The significance of this work was reaffirmed by the United Nations General Assembly and prominently featured at the Fifteenth United Nations Congress on Crime Prevention and Criminal Justice in Abu Dhabi. The Congress emphasized that equal access to justice is indispensable to safe, secure, and inclusive societies and called for justice systems that are people-centred, responsive, transparent, and grounded in human rights. The resulting Abu Dhabi Declaration further strengthened international commitment to removing barriers to justice, expanding legal aid, supporting victims of crime, promoting restorative justice, and strengthening independent and accountable justice institutions. At a time when billions of people around the world continue to experience justice gaps, UNODC's leadership reminds us that access to justice is not merely a legal objective.
It is a development imperative, a human rights obligation, and a prerequisite for public trust in democratic institutions. By supporting Member States in building fair and inclusive justice systems, UNODC is helping to give practical effect to Sustainable Development Goal 16 and to the universal promise that justice must be accessible to all, not only to the privileged few. Excellencies, We are also honoured to be receiving a presentation on the work of the Organisation for Economic Co-operation and Development (OECD) who have been instrumental in advancing the global understanding of access to justice as a cornerstone of inclusive governance, sustainable development, and public trust in institutions.
Through its groundbreaking Framework and Good Practice Principles for PeopleCentred Justice, the OECD has encouraged governments to move beyond narrow court-based approaches and to place the needs and experiences of people at the centre of justice systems. Through its various High-level Roundtables and Research and Publications, the OECD has demonstrated that unresolved legal problems are not merely matters of law; they are barriers to economic participation, social inclusion, and human development. By promoting evidence-based policymaking, the integration of legal and social services, the use of data to identify justice needs, and the delivery of accessible and responsive justice services, the OECD has helped shape a new global consensus: that access to justice is an essential public service and a prerequisite for prosperous, equitable, and resilient societies. Excellencies, We are similarly honoured by the presence of the President of the International Criminal Court.
The International Criminal Court represents one of the most significant achievements in the evolution of international justice. The Court embodies the conviction that the gravest crimes known to humanity must not go unpunished. That accountability matters. That impunity cannot be accepted. And that victims deserve justice. he contribution of the International Criminal Court extends beyond the prosecution of the gravest crimes known to humanity. Its most enduring legacy has been to affirm that no person, regardless of rank, office or power, is above the law, and that victims have a right to be seen, heard and afforded justice. In doing so, the Court has helped transform international justice from a system concerned primarily with States into one that increasingly recognises the dignity and rights of individuals. This principle finds powerful resonance in South Africa's constitutional order.
Our Constitution is founded on the rule of law, accountability and human dignity, and it similarly rejects the notion that power can ever be exercised without legal constraint. Like the Constitution we celebrate today, the International Criminal Court embodies the conviction that justice must serve people, protect the vulnerable, and ensure that even the most powerful are accountable under law. At the same time, the principle of complementarity reminds us that the first responsibility for justice rests with national jurisdictions. International justice can never replace strong domestic institutions. The future of accountability will ultimately be determined by the strength, independence and integrity of national justice systems.
Distinguished Delegates, Africa has been, and continues to be, an active architect of the international human rights and justice system, helping to shape global norms, institutions, and principles that advance human dignity, equality, and the rule of law. Through the African Charter on Human and Peoples' Rights, our continent pioneered a uniquely holistic vision of human rights, one that recognises not only individual rights, but also collective rights, peoples' rights, human dignity, solidarity and shared responsibility. Through the work of the African Commission on Human and Peoples' Rights, Africa has helped advance continental standards on fair trial rights, legal assistance, judicial independence and accountability under the rule of law.
Through Agenda 2063, the African Union has affirmed that the future prosperity, peace and development of our continent depends upon democratic governance, constitutionalism, human rights and access to justice. These are not merely African aspirations. They are African contributions to global justice. As South Africans, this reality resonates deeply with our own constitutional journey. Our Constitution emerged from the conviction that justice and human dignity are inseparable, and that freedom can only flourish where rights are protected by independent institutions and the rule of law. In many respects, the values that underpin our constitutional democracy are the very values that animate the African human rights system: human dignity, equality, accountability, participation and justice for all.
As we celebrate thirty years of constitutional democracy, we therefore do so not only as beneficiaries of a global human rights movement, but also as contributors to an African tradition that has helped shape the global pursuit of justice. Africa stands not at the margins of this conversation, but at its centre. Our experience, our institutions and our vision continue to help define what access to justice means in the twenty-first century. Ladies and Gentlemen, The Southern African Development Community was founded not merely as an economic community, but as a community of values. Embedded within the SADC Treaty is a shared commitment to democracy, human rights, accountable governance and the rule of law.
These principles are not aspirational ideals. They are practical obligations that must find expression in the lives of our people. Over the years, SADC Member States have worked together to strengthen judicial cooperation, enhance mutual legal assistance, improve extradition frameworks, combat corruption and organised crime, and develop common responses to trafficking in persons, money laundering, cybercrime and other transnational threats. Through our cooperation in justice, legal affairs and security, we have recognised a fundamental truth: in an interconnected region, justice cannot stop at national borders. The challenges confronting our societies today increasingly transcend jurisdictional boundaries. Criminal networks operate across borders. Human traffickers exploit vulnerabilities across borders. Illicit financial flows move across borders.
Our response must therefore be equally coordinated, equally determined and equally effective. Yet regional cooperation must never become an end in itself. The ultimate measure of our success is not found in protocols signed, meetings held, or frameworks adopted. It is found in the extent to which our people experience the protection of the law and the benefits of justice in their daily lives. As we reflect on the future of SADC, we must therefore reaffirm a simple but powerful principle: the success of regional integration will ultimately be measured not by the movement of goods alone, but by the extent to which it improves the lives, protects the rights and advances the dignity of the people we serve. Distinguished Guests, As we celebrate thirty years of constitutional democracy, we must also look to the future.
The next chapter of access to justice will not be defined solely by legislation, court judgments or institutional reform. It will be defined by our ability to ensure that justice remains relevant to the realities of the people we serve. It will be shaped by innovation and technology, by stronger partnerships between governments and civil society, by legal empowerment and public trust, and by a renewed commitment to the dignity of every human being. The challenge before us is not merely to preserve our justice institutions, but to continuously strengthen and transform them. To build justice systems that are more accessible, more inclusive, more responsive and more people-centred. To ensure that the law is not experienced as distant or intimidating, but as a source of protection, opportunity and hope. This is the challenge of our generation. It is a responsibility we must embrace with courage, imagination and determination.
Conclusion
Distinguished Guests, Thirty-two years ago, South Africa demonstrated to the world that even the deepest divisions can be overcome through dialogue, reconciliation and constitutional democracy. Our Constitution stands today as a living testament to the triumph of human dignity over discrimination, equality over exclusion, and justice over oppression. Yet the Constitution was never intended to be the end of our journey. It was the beginning. As President Nelson Mandela reminded us: "Freedom can never be taken for granted. Each generation must safeguard it and extend it." Our generation has inherited this responsibility. Not only to safeguard freedom, but to deepen justice.
Not only to protect rights, but to make them real. Not only to strengthen institutions, but to ensure that they serve the people in whose name they exist. As we commemorate the thirtieth anniversary of our constitutional democracy, let us recommit ourselves to the vision that inspired its founding: a society based on human dignity, equality and freedom. Let us draw inspiration from our international commitments, from the values of the African Charter, from the aspirations of Agenda 2063, and from the shared determination of nations across the world to place people at the centre of justice. And let us leave this conference united by a common conviction: That justice is not the concern of lawyers and judges alone. It is the foundation of peaceful societies. It is the guardian of human dignity. It is the protector of freedom. And it is the bridge between constitutional promises and lived human experience. For when justice is accessible, rights become meaningful. When rights become meaningful, people are empowered.
Empowerment leads to prosperity and when societies prosper under the rule of law, the promise of democracy is fulfilled. May future generations look back on this moment and say that we did more than celebrate thirty years of constitutional democracy. That we renewed its purpose. That we expanded its reach. And that we brought the promise of justice closer to every person. Justice must never be the privilege of the few. It must be the birthright of all. I thank you.
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