JUSTICE SYSTEM: MINISTER OUTLINES IMMINENT PHASE ONE COURTS RATIONALISATION PROCESS

JUSTICE SYSTEM: MINISTER OUTLINES IMMINENT PHASE ONE COURTS RATIONALISATION PROCESS

• 10 June 2026
• Courts
• SA Legal Academy

‘By 1 July 2026’, the Department of Justice & Constitutional Development is expected to have gazetted notices identifying main and local seats of the divisions of the High Court with sufficient infrastructure available for their jurisdictions to include certain magisterial districts and sub-districts. Associated guidelines are also expected to have been gazetted by the same date – giving effect to recommendations in the July 2023 first-phase report compiled by a rationalisation committee appointed in June 2021.

This is according to Justice & Constitutional Development Minister Mmamoloko Kubayi, whose recent media statement on courts rationalisation followed Cabinet approval of a second-phase report considered during its 3 June 2026 ordinary and 13 May 2026 special meetings. Regarding ‘capacity challenges across the divisions of the High Court, ‘a process has been initiated with National Treasury and (the) Office of the Chief Justice to effect the 20% increase of ... judicial posts’.

Noting that second-phase implementation will entail establishing additional local seats by expanding the premises of existing magistrates courts or building new premises where necessary, the Minister referred to the adoption of a staggered approach – possibly subject to budgetary constraints, although she chose not to mention that.

Nevertheless, over time these interventions are expected to further improve universal access to justice ‘especially the poor and the vulnerable’. This is in keeping with prescripts under item 16(6)(a) of Schedule 6 to the Constitution, which states that ‘as soon as is practical … all courts, including their structure, composition, functioning and jurisdiction, and all relevant legislation, must be rationalised with a view to establishing a judicial system’ in line with constitutional imperatives.

• Minister’s statement
• Cabinet media statement
• Constitution Schedule 6, item 6

Published by SA Legal Academy Policy Watch

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