South Africa: Judiciary Set for Full Institutional Independence
The process of placing the country’s judiciary under “full institutional independence” is expected to be rolled out in the 2025/26 financial year.
This was announced by Minister of Justice and Constitutional Development, Mmamoloko Kubayi, when she was presenting the budget vote of the Office of the Chief Justice (OCJ) in Parliament, on Tuesday afternoon.
“[This] will enable the judiciary to be a fully-fledged Arm of the State. In line with the constitution, judicial governance and court administration will be placed under the authority of the Judiciary itself,” Kubayi said.
The proposed model will entail structural independence, which includes both financial and operational independence. With the vision to establish a single Judiciary, the administration of the Lower Courts, including the Magistrates Commission, will also be transferred the OCJ.
Explaining the structure of the proposed model of the Judiciary, Kubayi highlighted that the Chief Justice will become the Executive Authority of the Office of the Chief Justice, while the Secretary-General will serve as the the accounting authority of the Judiciary.
“The OCJ will then be re-established outside the public service and be capacitated to appoint its staff in line with its own prescripts, human resource framework tailored to judicial operations and principles of independence,” the Minister explained.
To carry out this process, the Minister announced that a task team comprising senior officials of the Department of Justice and Constitutional Development, Presidency, Office of the Chief Justice, National Treasury, Department of Public Service and Administration (DPSA), and the Department of Public Works and Infrastructure (DPWI), has been established to chart a way for the institutional independence of the Judiciary.
The team has been given until August to present a progress report to Cabinet on the judiciary’s institutional independence.
“In the end, as envisaged by the founders of our democracy, we want to create a single judiciary that is an equal Arm of the State,” Kubayi affirmed.
Budget allocation
The Minister told Parliament that the OCJ has been allocated a budget increase of some 5.5%, which will “go a long way in ensuring efficiency and effectiveness of the courts and the judiciary as a whole”.
“The OCJ provides direct support to the Judiciary and Superior Courts to ensure that the Judicial Arm of the State functions optimally. As such, the OCJ has been allocated a budget of R2.7 billion for the 2025/2026 Financial Year, which it operationalises through its three Programmes, namely: Administration, Superior Court Services as well as Judicial Education and Support. This allocation also includes the direct allocation for the remuneration of Judges.
“This represents a budget increase of just over 5.5% compared to the previous financial year, which will go a long way in ensuring efficiency and effectiveness of the courts and the judiciary as a whole. In his Budget Speech, Minister of Finance has also made an undertaking to, later this year, make funds available for strengthening capabilities in the Office of the Chief Justice,” the Minister said.
She added that the modernisation of the court system remains a key priority to “improve access to justice”, highlighting the continued rollout of the Court Online system following its successful pilot in the Gauteng Division of the High Court.
“Court Online provides a platform for Law Firms/Litigants to file documents to the Courts electronically (E-Filing) over the Internet from anywhere, and is now operational in the Gauteng, Western Cape, KwaZulu-Natal, Mpumalanga, and Limpopo divisions. Eastern Cape is currently being rolled out and will be completed by end of July 2025.
“It [the system] is also being progressively implemented at the Land Court, Labour Court, and Labour Appeal Court. The envisaged full implementation of Court Online will enhance access to quality justice for all and the effectiveness of the courts,” Kubayi said.
Another priority is the implementation of the department’s Fraud Prevention and Anti-Corruption Policy and Strategy during 2025/2026 financial year.
This in line with the OCJ’s zero tolerance stance on corruption and fraud.
“This policy creates a mechanism for reporting anonymously within the department and through the National Anti-Corruption Hotline, amongst other things.
“We can inform members that following the reports of corruption in the Mthatha High Court, the OCJ has commenced with Lifestyle Audits of all employees over and above the work that is done by law enforcement agencies. Furthermore 4 officials have been suspended in Pretoria High court following allegations fraud and corruption,” Kubayi said.
By SAnews.gov.za.
