Cape town: The process of placing South Africa’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, during her presentation of the budget vote of the Office of the Chief Justice (OCJ) in Parliament.
According to South African Government News Agency, the proposed model will ensure that the judiciary becomes a fully independent arm of the state, in accordance with the constitution. This structural independence includes both financial and operational autonomy. The administration of the Lower Courts, including the Magistrates Commission, will be transferred to the OCJ to establish a unified Judiciary. Minister Kubayi emphasized that the Chief Justice will serve as the Executive Authority of the OCJ, while the Secretary-General will act as the accounting authority.
To achieve this restructuring, a task team has been formed, comprising senior officials from various government departments, including the Department of Justice and Constitutional Development, Presidency, OCJ, National Treasury, Department of Public Service and Administration, and the Department of Public Works and Infrastructure. This team is tasked with presenting a progress report to Cabinet by August on the judiciary’s path to institutional independence.
Minister Kubayi also reported that the OCJ’s budget has been increased by 5.5%, with an allocation of R2.7 billion for the 2025/2026 financial year. This budget aims to ensure the efficiency and effectiveness of the courts. The OCJ’s budget will be utilized across three programs: Administration, Superior Court Services, and Judicial Education and Support. The budget also covers the remuneration of judges.
A key priority for the upcoming financial year is the modernization of the court system to improve access to justice. The Court Online system, initially piloted in the Gauteng Division, is being expanded to other divisions including Western Cape, KwaZulu-Natal, Mpumalanga, and Limpopo, with Eastern Cape expected to be operational by July 2025. This system facilitates electronic filing of documents by law firms and litigants, enhancing access to justice and court efficiency.
Another focus is the implementation of the department’s Fraud Prevention and Anti-Corruption Policy and Strategy, aligned with the OCJ’s zero-tolerance approach to corruption. Measures include anonymous reporting mechanisms and lifestyle audits, following corruption reports at the Mthatha High Court and the suspension of four officials at the Pretoria High Court due to fraud allegations.