Minister of Justice and Constitutional Development, Mmamoloko Kubayi, answers questions in the National Assembly during the Cluster 1: Peace and Security Session
Question 1: Minister Mmamoloko Kubayi on progress on judicial reforms: update on High Court rationalisation and capacity building
Thank you very much, House Chair, and thanks to Honourable Mathafa.
Following the pronouncement by the President on the 12th of February, myself and Minister of Finance met together with the judiciary, not only to look at the matters that relate to the specialized courts, but funding completely for the judiciary.
We have, however, agreed that we will look in terms of administration of justice in line with the Constitution, in terms of working together with the judiciary to ensure that we build capacity.
During the tenure of Minister Lamola, he embarked on the rationalization of the courts, and during this work, it was understood that all our courts are actually under capacitated and proposed immediate increase of 20% across all our High Courts in terms of appointment of judges.
We have started this work to look at all of them. We have agreed with the Minister of Finance that we start with 50 judges additional to the establishment that is currently there so that we can build capacity across.
So this will work together with all other courts to address the issue of case backlog but also attend to the issues that have been pronounced by the President.
Thank you very much.
Question 2: Minister addresses on MKP court application seeking to block former NDPP Advocate Shamila Batohi’s pension benefits
We want to advice the Hon Member and the House that we have received Court Papers from the uMkhonto weSizwe Party (MKP) applying to block former National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi from receiving her pension benefits through an urgent application filed at the Pretoria North Gauteng High Court.
As it is well known that Rule number 89 governing matters sub judice provides that no member may reflect upon the merits of any matter on which a judicial decision in a court of law is pending, we will therefore not go into much details to avoid violating this important rule.
However, it is safe to indicate that the former NDPP, was never subjected to a disciplinary process as contemplated in section 12(6)(a) of the NPA Act which provides that the President can provisionally suspend the NDPP or a Deputy Director of Public Prosecutions (DDPP) pending an enquiry into his or her fitness to hold office. Adv Batohi left office upon reaching the mandatory retirement age of 65 after serving seven years as the NDPP.
The Nkabinde Commission is still ongoing and there is no report from the Commission as yet. Therefore, there are not reasons to object to, withhold and/or formally review the payment of full emoluments, benefits and gratuities to the former NDPP. She is therefore entitled to her full retirement benefits and approving of such benefits accords with the Constitution, the NPA Act and principles of the rule of law.
Question 3: Minister on reaffirming confidence in due process and judicial oversight in the matter of Mr Frank Buyanga Sadiqi
The case of Sadiqi is currently before court and is therefore sub judice. Mr Sadiqi is legally represented and has thus far accessed the court extensively. He is fully aware of legal remedies available to him, in terms of the Criminal Procedure Act, in circumstances where he is aggrieved by delays in court proceedings.
The NPA states categorically that there is no evidence of foreign or domestic political interference in the matter.
Question 4: Minister outlines progress on processing the National Anti-Corruption Advisory Council report and strengthening whistleblower protection measures
The National Anti-Corruption Advisory Council (NACAC) was established in September 2022 and its term came to an end in August 2025. It submitted its final report to the President in August 2025. The President has directed the Minister of Justice and Constitutional Development to process the recommendations of NACAC for tabling and deliberation in Cabinet. The processing of the report is underway.
The report is in the public domain and proposes, among others the establishment of a permanent, independent, and constitutionally entrenched anti-corruption body; the strengthening and coordination of law enforcement agencies, with enhanced coordination mechanisms; mechanisms to prevent corruption; the establishment of an anti-corruption data sharing framework and strengthened whistle-blower protection measures.
The legislation for whistleblower protection has been completed and will be released into the public domain shortly.
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