By Thapelo Molefe
Justice and Constitutional Development Minister Mmamoloko Kubayi has presented a R25.4 billion budget to address deep-rooted challenges in the justice system.
While the African National Congress (ANC) and government highlighted progress on state capture cases, gender-based violence and corruption recovery, opposition parties rejected the budget as inadequate and a firewall against accountability.
Kubayi told the National Assembly that the department faced a shortfall of R1 billion annually over the medium term.
“The fiscal environment demands of us to do more with less and to be prudent in our spending,” she said.
The department will focus on expanding access to justice, transforming the legal profession, overhauling dysfunctional offices and intensifying the fight against gender-based violence (GBV), fraud and corruption.
She said the turnaround of the Master’s Offices and the State Attorney was a priority.
“The Office of the State Attorney has been experiencing significant operational challenges due to lack of capacity and systems,” she said.
A digital overhaul is planned in partnership with the SA Revenue Service and Home Affairs.
On state capture, Kubayi said several of the Zondo Commission’s recommendations had led to court action or were under investigation.
“It’s not correct to say that no work has been done… work continues,” she said.
The Asset Forfeiture Unit has recovered billions and lifestyle audits across justice entities have begun.
“All of them, from the bottom to the top,” the minister said.
The minister also highlighted the conviction of 3697 sexual offenders in the past year, 79% of whom were sentenced to direct imprisonment.
Sixteen new sexual offences courts and two additional Thuthuzela Care Centres (TCCs) will be established.
“Once they are raped, they can’t recover. That child who has been molested is destroyed for life,” she said.
Kubayi said whistleblower protection efforts were still insufficient.
“We’ve acknowledged this… we are reviewing our interventions,” she said.
She condemned internal corruption, confirming the dismissal of officials for fraud and misconduct.
“We are operating with no tolerance… those who redirect children’s maintenance money to themselves, we have dismissed them,” Kubayi said.
Democratic Alliance MP Glynnis Breytenbach rejected the budget.
“Our criminal justice system lies in tatters,” she said.
She cited collapsing infrastructure, massive vacancies at the National Prosecuting Authority and a lack of maintenance.
“The Master’s Offices have all but ceased to function,” she said.
She called for an independent anti-corruption body with full powers, saying nothing would ever improve while the NPA was hamstrung by a Department of Justice-controlled budget.
She also questioned how a small increase would fix major problems.
“What will be done differently with the same funds?” she asked.
The Economic Freedom Fighter’s Veronica Mohlala said”: “Justice dies like this… not because of bullets, but through a budget that stops the truth.”
She criticised the failure to protect whistleblowers and accused the NPA of lacking independence and capacity to prosecute politically connected individuals.
ANC MP Mathafa defended the department and said the NPA had frozen R14 billion in assets and recovered R6 billion for government use. He said state capture recoveries had reached R11 billion.
“While the wheels of justice may be said to be turning slowly, they certainly do turn,” he said.
He also highlighted the plan to roll out 90 sexual offences courts and increase TCCs to 74.
“We welcome the minister’s commitment that the sex offenders’ register will be made public,” he said.
He also said legislative reforms on whistleblower protection were a priority.
Deputy Minister Andries Nel said 1717 magistrates were now permanently appointed, with the majority being black and women.
He praised e-justice reforms and legal aid efforts.
“A nation that works for all, needs a justice system that works for all,” he said.
ActionSA MP Athol Trollip said the NPA had “botched” several key corruption cases and said Parliament needed to hold the justice system accountable.
“I have not come to praise the NPA. I’ve come to expose it,” he said.
The African Christian Democratic Party MP Steve Swart said corruption was now being shouted from the rooftops and praised recent convictions.
“We must ask, who guards the guards?” he asked.
He called for better whistleblower protections and independent oversight.
The Inkatha Freedom Party and other smaller parties expressed support for the budget, but with serious concerns about crime, prosecutions and structural inefficiencies.
In closing, Kubayi said the department would cooperate with Parliament’s joint committee on recent allegations made about political interference in the SA Police Service and supported the Speaker’s move to initiate a formal inquiry.
“We will avail ourselves to be facing this scrutiny,” she said.
On gender-based violence, she appealed for national unity.
“This can’t continue in our country. I don’t know whether we need prayers or ancestors, but something has to give,” she said.
Despite divisions, the ANC confirmed its support for the budget vote which was adopted by the majority. The debate concluded with calls for urgency, oversight and a justice system that worked not only in principle but in practice.
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