South Africa: Doing More With Less – Justice Minister Responds to Budget Shortfall

In her opening remarks as she delivered her budget vote speech, the Minister of Justice and Constitutional Development, Ms Mmamoloko Kubayi, noted the budget shortfall but nonetheless, assured Parliament that they will do more with less in executing their mandate.

The department’s budget allocation amounts to just over R25.3 billion, of which R13 billion is allocated to compensation of employees, R5.4 billion for goods and services, R3.5 billion for transfers and subsidies to public and constitutional entities, R2.6 billion for magistrates’ salaries, and R652 million for payments for capital assets.

Access to Justice and Victim-Centred Reform

To address the call from vulnerable communities for greater access to, the Minister stated that “to improve the quality and availability of the services at the Masters office we will partner with the private sector and other government agencies such as SARS and home affairs to implement a digital solution that enables operational efficiency and effectiveness.”

The department has also adopted a victim-centric approach to gender-based violence (GBV) that puts the victim first to avoid secondary victimisation and situations in which perpetrators escape justice.

The department has also adopted multiple strategic interventions with various stakeholders to prosecute organised crime, fraud and corruption.. The Minister also mentioned some of the gains from this collaborative strategy. “In financial year 2024/25, the Special Investigation Unit (SIU) recovered a cash value of more than R833 million, assets to the value of R1.3 billion, set aside irregular contracts worth R5.6 billion and prevented potential loss to the state to tune R2.7 billion.”

The Minister also mentioned the resistance to transformation among the legal fraternity, stating that black and female legal practitioners have not had access and opportunities to develop and practice in complex and specialised areas of the law, such as commercial law, maritime law, private international law, competition law and the like.

Justice Committee Backs Transformation Efforts Amid Budget Concerns

The Chairperson of the Portfolio Committee on Justice and Constitutional Development, Mr Xola Nqola, said the committee welcomed transformation efforts but had grave concerns about the decrease of Legal Aid South Africa’s budget by 2.1%, particularly in light of its expanded mandate arising from the proclamation contained in the Land Court Act, 2023, which mandates Legal Aid South Africa to represent parties that can’t afford land-related litigation.

Turning to the issue of security within the country’s courts, Mr Nqola said the recent shooting at Wynberg Magistrate Court should never be allowed to happen again and he called on the department to show the committee what steps will be taken to ensure that people are safe in the courts.

Mr Nqola also commented on the central role that communities must play in fighting crime and reintegrating offenders into society. He urged the department to place communities “at the centre of our endeavours to create a just, equitable and peaceful society”.

Mr Sibonelo Nomvalo (Umkhonto weSizwe Party) rejected the budget on the basis that the department lacks ideas on how to transform the criminal justice system. He also noted his party’s support for Lieutenant-General Nhlanhla Mkhwanazi and his call for the work of the task team on political violence in KwaZulu-Natal to continue. The MK Party also called for the prosecution of prosecutors and magistrates who allegedly allowed drug syndicates to continue working in Johannesburg.

Hope for Recovery, But Accountability Still Lacking

As for Mr Janho Engelbrecht (DA), he said the DA believes that this budget is about a department buckling under pressure due to decades of its underfunded mandate of upholding justice, fairness and of promoting safety and security in our communities. The DA hopes that the R25.5 billion allocated to the department will set it on a path to recovery. However, he stated, “it’s equally important to ensure that it’s budget is spent wisely in delivering the best possible services to South Africans.”

Furthermore, the justice system must ensure that the criminals that go through our justice system come out as better people. “As long as the correctional service remain dysfunctional, prisons will remain a dumping ground for people caught in the cracks of the justice system,” he reiterated.

Department’s budget is not a blueprint for accountability, but rather a “firewall against accountability”, said Ms Mathibe Mohlala (EFF). This is because the department deliberately fails to empower prosecutors, protect whistleblowers, support anti-corruption work or defend victims of political violence for structural reasons. “The Office of the Public Protector remains underfunded by R306 million and there’s no growth and no plan to expand regional capacity, no digitised investigations and no protection for whistleblowers while they are being assassinated while the government convenes workshops and delivers speeches on their plight.”

The department must fulfil its role in building safer communities, in promoting accountability, combating corruption and in strengthening judicial governance, said Mr Thokozani Langa (IFP). This is crucial because no investor will invest in a country plagued by corruption, high crime and a low conviction rate, he said.

“We support the budget hoping that its outcome of fighting crime and corruption would be achieved,” said Mr Ashley Sauls (Patriotic Alliance). “We also support this budget to ensure that judges’ salaries are secured. We also support this budget’s intent to repeal apartheid racial classifications. But we object to the classification of Khoi, Coloured and Indian communities as black in general, but not African in particular. This constitutional declaration must be erased because it’s not just.”

By Parliament of South Africa.