JUDICIARY: MINISTER UNPACKS INSTITUTIONAL INDEPENDENCE TRANSITION PROCESS

JUDICIARY: MINISTER UNPACKS INSTITUTIONAL INDEPENDENCE TRANSITION PROCESS

• 15 July 2026
• Justice & Constitutional Development
• SA Legal Academy

Justice & Constitutional Development Minister Mmamoloko Kubayi has provided welcome insight into the process of ‘advancing judicial institutional independence in a manner that is responsible, orderly and sustainable’.

Addressing a recent judicial conference, the Minister confirmed that the first phase of this process was operationalised on 1 April 2026 with the transfer of superior courts-related ‘retained and shared services’ from the Department of Justice & Constitutional Development to the Office of the Chief Justice (OCJ). According to the Minister, the OCJ is now responsible for a range of superior court administration services including:

• security
• facilities management
• transcription
• certain information and communication technology-related functions, and
• library/online publications access.

Phase 2 will focus on promulgating legislation establishing the judiciary as ‘a co-equal branch of government alongside the executive and the legislature’ – a process ‘expected to be completed during the 2026/27 financial year’. This is noting progress already made in creating a single governance framework for all judicial officers, from local magistrates to Constitutional Court judges. In that regard, the process of implementing recommendations in the courts rationalisation committee report began on 2 July 2026 with the publication of a schedule identifying main and local seats of the High Court with the infrastructure to exercise jurisdiction over designated magisterial districts and sub-districts. SA Legal Academy reported on this at the time.

• Minister’s speech
• SA Legal Academy report

Published by SA Legal Academy Policy Watch

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