Minister Mmamoloko Kubayi replies to questions in the National Assembly
Question 1: Minister on strengthening access to justice – Oversight visit findings and interventions
(a) Observations made during the oversight visits
As part of efforts to strengthen access to justice, I conducted oversight visits to various courts across the country. These visits include the following Courts: Tembisa, New Brighton, Palm Ridge, Kempton Park and Randburg and Polokwane High Court.
I am grateful for the observations made during the course of the visits. The men and women who wake up daily to ensure that access to the courts and access to justice is a lived experience for the millions of South Africans.
This includes staff employed by the Department of Justice and Constitutional Development, the NPA, Legal Aid of South Africa, private attorneys and NGOs and members of the Judiciary who are working hard to ensure that the courts are working on a daily basis. We certainly value their commitment as this demonstrates a justice system which seeks to serve the public.
These visits identified several court-specific challenges and positives that impact service delivery and the efficient functioning of courts. Key issues include: infrastructure Challenges, safety and security, human resources capacity, tools of trade and other operational matters which were observed. In some courts, there were no major issues identified which includes the Randburg Magistrates Court amongst others.
Other positive observations include the services offered by the small claims courts which often sits after hours. The small claims courts are vital to the millions of people to seek for help on matters up to the value of R20 000.
The process is simple and does not require legal representation wherein the parties appear before a commissioner who would make a ruling which is often quick in resolving matters speedily. We again thank the commissioners who are making themselves available without any remuneration and clerks who are at all times available in making this possible.
(b) Measures implemented to address identified challenges
In response to these findings which require attention, the Department has initiated several interventions including the following: Infrastructure improvements, enhanced security measures (discussions which have commenced with the Minister of Police), recruitment of staff, ICT and operational support including tools of trade.
We remain committed in ensuring that the necessary measures as outlined above are completed given the availability of resources to ensure access to justice.
Question 2: Minister on the protection of prosecutors – Honouring the fallen and strengthening security measures
The brutal killing of prosecutors is a heinous attack on the justice system and the rule of law and must be condemned by all law-abiding citizens. It undermines the fundamental principles of democracy and the administration of justice.
Prosecutors play a crucial role in upholding the law, seeking justice for victims and holding perpetrators accountable.
The impact of such killings is far-reaching; it erodes public trust in institutions of justice, intimidates legal professionals and potentially deters them from pursuing cases. Those responsible for these attacks must be held accountable.
(a) Prosecutors killed in the past five years:
Five (5) prosecutors were shot and killed over the past 5 years; namely Adv Vukile Gontana (Western Cape), Adv Sonwabo Booi, KZN) Advocates Ntsikelelo McAllister, Elona Sombulula and Tracy Brown (Eastern Cape).
Additionally, Adv Aaron Raletjena who was based at the NPA head office was brutally shot and killed at his home – may their souls continue to rest in peace, and we convey messages of support to their families, so that they know that their loved ones lost their lives in the gallant fight against crime.
All these murders are still under investigation by the police. In the most recent incident relating to Ms Tracy Brown, two suspects were arrested and appeared in court in August 2025.
Evidence that was presented on 10 September 2025 suggests that the hit was allegedly ordered by an inmate in a local Correctional Centre and that it was related to a case she had handled.
To honour courageous prosecutors who die in the line of duty, the NPA has erected a wall of remembrance at their headquarters in Pretoria, which was unveiled in their honour, in a ceremony in May 2023 and their families were invited.
(b) Safety interventions and proactive measures:
I have recently called on the media to play their role in protecting the identity of prosecutors when they appear before court.
In the advent of televised court proceedings in order to bring justice to the people, one of the unintended results is that prosecutors’ faces and identities are shown, while the faces of accused persons are hidden or protected from public view.
Protecting the identity of prosecutors in court is one of the concrete measures that the media can contribute in ensuring the safety and security of prosecutors and other court officials.
The NPA’s Security Management unit has a dedicated team that coordinates with all relevant security agencies and the DoJ’s Security Management unit in any high risk/ high profile cases during court appearances, to ensure effective security of prosecutors in court.
In addition, the NPA has the following proactive measures to safeguard the lives of prosecutors, including:
- Case management database to capture all high-risk and high-profile cases, compiled with senior personnel in the prosecution services and classified according to the level of risk for each case, according to the Security Risk Classification Matrix.
- Security co-ordination for high risk / high profile cases and awareness sessions in all Divisions to sensitise prosecutors about safety measures and other elements that could expose their lives to risk.
- Prosecutors Security Close Protection Policy which guides the implementation of close protection for prosecutors in instances where a threat is confirmed. If the threat is direct and imminent, activation of close protection services is activated immediately.
- The NPA is currently exploring partnerships with international experts with extensive expertise in providing protection and security measure particularly to prosecutors, in order to benefit from international best practices and innovations to enhance proactive security measures for prosecutors.
Question 3: Minister on strengthening protection against GBVF – Expanding lawful access to the National Register for Sex Offenders
(a) Legislative interpretation and next steps:
Government has noted that the GBVF scourge continues to ravage our country despite the interventions put in place. GBVF and in particular sexual offences have continued to be a challenge.
My Department remains committed to the protection of all vulnerable persons including children, women and persons with disabilities. We have been consistent on many occasions that their continued protection remains our priority.
On 31 January 2025, the Department approached the Office of the Chief State Law Advisor (OCSLA) to seek a legal opinion on the ‘Constitutionality of the Publication of the National Register for Sex Offenders.
The legal opinion of OCSLA primarily considered the objects of the NRSO, as espoused by section 43 of the Act, which are mainly to establish and maintain a record of particulars of sex offenders.
From this provision, OCSLA concluded that the Register cannot be made available to the general public, this because section 52 of the Act prohibits and criminalises publication of the Register, except for the purpose of giving effect to the provisions of the Act; or when required to do by any competent court.
Further clarity was sought from OCSLA on whether or not the Minister has the power in terms of Chapter 6 of the Act to publish the NRSO in the Government Gazette or in any other manner.
The legal opinion concluded that there must be a law of general application that authorises the limitation of the guaranteed rights of persons whose names have been entered in the Registers, by publishing the Registers.
On the basis of the above, I have directed the Department to attend to the necessary legislative amendments to allow the register to be accessible.
We remain committed to safeguarding children and vulnerable persons by ensuring the NRSO is accessible in a lawful and responsible manner.
While doing so and as part of the Minister’s commitment to ensuring a phased and responsible access to the Register, the department is also prioritizing providing swift and responsible access for institutions that work with vulnerable groups, such as schools, day-care centres, and care facilities, to support their vetting processes.
To achieve this, there is an intention to create more capacity in the Registrar’s office including in the various provinces to process applications efficiently and expeditiously.
My department will be engaging with the Department of Basic Education, Police, Higher Education and all other key stakeholders including the NGOs to understand the full extent of the issues and provide feedback on these matters in particular the interventions that are being put in place.
(b) Amendment bill status:
An amendment bill has been drafted and it is currently undergoing internal consultation. Further consultations will be undertaken with experts including the Information Regulator regarding the accessibility of the Register. Once this consultation has been concluded, the Bill will then be subjected to the parliamentary processes.
Question 4: Minister on enhancing court security – Measures implemented at Wynberg Magistrate Court
The department is committed to ensuring that security improvement plans are implemented at the Wynberg Magistrate Court and ensure that security is at an acceptable level.
The department has developed a security profile of various courts based on the complexities of crimes and reported incidents.
The broader framework has enabled the department to develop and implement the operational intervention plan in improving access to courts for the public, judiciary, and other criminal justice role players.
Given budget constraints, the Department has developed a phased in approach to focus on high profile risk areas with deployment of integrated security interventions.
On Wynberg, the following measures are in place:
- Two (2) functional walk-through metal detectors are in place.
- Three (3) additional guards (private security) were added to the existing guard allocation.
- Sixty-one (61) security gates are in the final production stage in line with an approved security specification.
- The Court Security Committee which consists of all stakeholders was resuscitated: Terms of Reference has been approved by National Office Security and Risk Unit.
- A total number of twenty-one (21) court orderlies were added to the existing SAPS allocation in Wynberg MC.
- Unannounced inspections carried out by Provincial Security Manager to Wynberg to monitor compliance.
- Rotation of physical guarding security personnel.
- Two (2) interns appointed to complement existing personnel managing CCTV.
It is evident that the installed walk-through metal detectors are effective, following the incident of the 8 September 2025, whereby a woman was caught smuggling a firearm into the court room, with two full loaded magazines, and the woman was arrested on the spot.
The department and other JCPS cluster department have developed a road map to engage with each other in ensuring better coordination and closing of security breaches.
Enquiries:
Mr Terrence Manase
Spokesperson to the Minister
Cell: 082 338 6707
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