Latest news with #JusticeandConstitutionalDevelopment
IOL News
30-06-2025
- Politics
- IOL News
DA slams R100k taxpayer-funded legal bill for magistrate's protection
The Minister of Justice has continued to evade the real question as to why a legally trained person is assisted to the tune of R100 143.68 to obtain a protection order against journalists, says the writer. The Minister of Justice and Constitutional Development continues to defend a shocking display of state overreach and misuse of public funds as revealed by a DA parliamentary question. The Department spent over R100k of public money on a personal protection order for a magistrate, when the magistrate herself could have attended to this administrative task. The DA will be writing to the minister, demanding that the magistrate pay back this wasted money. Last year, Magistrate Ezra Morrison sought a protection order against journalists who reported on the magistrate's failure to refer a child, now accused of the murder of Deveney Nel, to the Children's Court when he was a minor. He was accused of raping an 11 year old girl when he was 13 and was found by psychiatrists to be a danger to society and at high risk of reoffending. Despite this warning, nothing was done. In reply to a question posed by the DA, the Minister of Justice has continued to evade the real question as to why a legally trained person is assisted to the tune of R100 143.68 to obtain a protection order against journalists. The minister attempted to justify this gross abuse of funds by claiming that the matter was 'intrinsically linked' to the magistrate's professional duties. What is worse is that costs are for consultations, drafting, formal appearances and settlement. Not only are these prices seriously inflated, but these are all things the magistrate could have done herself for a personal matter. Seeking a protection order is something thousands of vulnerable South Africans are forced to navigate alone every day in terms of the Protection from Harassment Act and the Domestic Violence Act. The two Acts are intended to prevent domestic abuse and harassment, provide safety and security to complainants and their dependents and are specifically designed to be accessible and victim-centred. Magistrate Morrison's application to obtain such an order against journalists is a private matter and not a state function, whichever way you look at it. The DA finds it deeply disturbing that R100 143.68 was spent on an advocate's fees when the Magistrate could have simply attended at the Clerk of the Court and completed the requisite forms. Yet, the minister failed to address this question in her response and only provided vague answers with no proof that this warranted a protection order or an explanation as to why the matter was not referred to the Press Ombud. While the most vulnerable in our society – women, children and the poor – sit in long queues waiting for overwhelmed clerks and backlogged courts, the minister affords preferential treatment for the legal elite. The DA will be pursuing further accountability through parliamentary channels, including demanding that the Magistrate pay the money back to the state. Nicholas Gotsell MP DA NCOP Member on Security & Justice
IOL News
20-06-2025
- Business
- IOL News
Kubayi calls for law firms to withdraw their challenge against the Legal Sector Code
Justice and Constitutional Development Minister Mmamoloko Kubayi says it is an embarrassment that 30 years into democracy, there is still talk about transformation in the legal profession to benefit the previously disadvantaged. Image: Jairus Mmutle / GCIS Justice and Constitutional Development Minister Mmamoloko Kubayi has urged major law firms to reconsider their legal challenge against the Legal Sector Code aimed at transforming the legal profession. Responding to oral questions in the National Council of Provinces, Kubayi expressed her disappointment over the ongoing court challenge by Norton Rose Fulbright, AfriForum, and others. 'I raise the issue that if the companies that have taken us to court, such as Norton Rose Fulbright and others, could pull out of court because, to be honest with you, what we have here is an embarrassment 30 years down the line we are still talking about making sure that we can be able to bring those who were previously disadvantaged to the fore to participate,' she said. Kubayi commented when she was asked whether any government-wide capacity and systems exist to monitor briefing patterns of attorneys or advocates by the state organs on litigations against the State. In her response, she said her department does not have the government-wide capacity and systems to monitor the briefing and outsourcing of legal work patterns. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading 'The department monitors the outsourcing and briefing patterns of cases outsourced to private practitioners through the Office of the State Attorneys (OSA) on behalf of the national and provincial spheres of government.' Kubayi stated that municipalities and state-owned enterprises have their own systems of outsourcing legal work. 'The State Attorney Act, as amended, is silent on whether municipalities and state-owned enterprises are supposed to consume legal services from OSA or not.' Kubayi explained that former Justice and Constitutional Development minister Ronald Lamola and the Legal Practice Council initiated in 2020 the process for the development of a transformation sector code. The process was guided by the Broad-based Black Economic Empowerment Act, and it culminated in the adoption of the proposed Legal Sector Code in February 2021. The Legal Sector Code is aimed at transforming the briefing patterns in favour of the previously disadvantaged legal practitioners, and was gazetted on September 20, 2024. Kubayi said the Legal Sector Code was currently being legally challenged through the courts by the big law firms led by Norton Rose Fulbright. She further said the Legal Sector Code provided for the establishment of the Legal Sector Code Charter Council (LSCCC) by the Ministry to monitor outsourcing targets for private and public institutions to improve participation of historically disadvantaged practitioners and law firms in the legal sector. 'The briefing patterns for the public and private sectors will be monitored by the LSCCC with the assistance of the Solicitor General's office.' Kubayi also said it was important to be transparent in the manner they did the briefing patterns but also be accountable because some of the issues touched on corruption where people would want to charge more for services but did not deliver. 'When I met with the law Society of South African and black professionals in the sector, the issue was raised that we have got to be able to hold each other accountable.' She noted that she got lashed out by ministers complaining that OSA allocated a particular advocate who could not argue their case, and as a result, lost the court case. 'I will do a preparatory meeting or engagement with my colleagues in national government, but another issue is to do a roadshow to provincial executives, sit with them and make them understand why sometimes we have a lot of money that we are spending on litigation when we are not supposed to. That is one of the areas that we need to be working on, and we'll continue to improve on it.' Kubayi also said one of her tasks was to ensure that black advocates were not only briefed by the state, but were paid on time. 'I still get a lot of people saying, I've done work, 30 days have passed, 60 days have passed, I've not been paid. That's one of the critical areas that is important, because if we do not pay them on time, they will not be able to sustain themselves.'
The Citizen
17-06-2025
- Politics
- The Citizen
Kubayi: NPA capacity up as state capture cases progress
Kubayi says the NPA improved its performance to 73%, expanded staff by 34%, and is prioritising skills training to support effective state capture prosecutions. Justice and Constitutional Development Minister Mmamoloko Kubayi has reported steady progress by the National Prosecuting Authority (NPA) in prosecuting state capture cases, following the Zondo Commission Report's release and ongoing capacity-building efforts. The ministers responsible for peace and security – namely, Kubayi, and Minister of International Relations and Cooperation Ronald Lamola – appeared before the National Council of Provinces (NCOP) for a question-and-answer session on Tuesday afternoon. Kubayi responded to questions about capacity challenges at the NPA and the progress in prosecuting state capture-related cases since the submission of the Zondo Commission Report to the president. NPA capacity increased from 50% to 73% – Kubayi ANC MP Lydia Mananiso asked Kubayi about the NPA's capacity. In response, Kubayi reported that the NPA improved its capacity performance from 50% in 2020/2021 to 73% in 2023/2024, attributing the increase to better-resourced and more capable organisations. She said the NPA's staff establishment has expanded by 34% since 2019, with a reduced vacancy rate and a drive to fill 268 posts by the end of May 2025. She added that the department continues to prioritise training and skills development, with 148 training programmes planned and 60 employees benefiting from the initiative so far. ALSO READ: Ramaphosa, Chief Justice mourn passing of Judge Temba Sangoni The minister acknowledged the public outcry from recent cases, like Nigerian televangelist Timothy Omotoso's acquittal and former personal assistant to Ace Magashule Moroadi Cholota's case. 'If we look at these two cases, there are lessons to be learned from them, and more work can be done in terms of support and providing oversight over these cases, but a lot of work is being done,' she said. Prosecutor caseloads In terms of the NPA's assessments of caseloads, Kubayi provided detailed statistics on the workload per prosecutor in district and regional courts. Kubayi noted that district court prosecutors each handle an average of 80 outstanding cases, while those in regional courts manage 53. She said prosecutors handled an average of 207 decision dockets in the past financial year. She said prosecutors district courts finalise an average of 105 valid cases per year, while regional court prosecutors finalise 26. Comparing South Africa's workload to international counterparts, Kubayi said local prosecutors are not overburdened relative to peers in countries such as Thailand, Italy, Spain, France, Switzerland, Luxembourg, and Australia. ALSO READ: Dirco confirms death of SA citizen in West Virginia, US 'The fact remains, based on statistics, they are not functioning out of the norm… The fact is that we've done comparisons with other people, and they are actually, in some instances, having less of a workload than the others,' she said. The minister added that prosecutors have the option to raise their workload concerns with their supervisors. State capture case progress On the matter of state capture, Kubayi detailed the NPA's progress, highlighting the enrolment of several high-profile cases and the Asset Forfeiture Unit's role in stripping profits gained from criminal activity. Since the Zondo Commission Report's release, the Investigating Directorate Against Corruption (IDAC) has reviewed 120 recommendations. Of these, 82 remain under investigation, 23 are before the courts, and four have been finalised. The minister said IDAC is also handling 57 cases where no specific recommendations were made, with 28 cases before courts, 28 under investigation and six being considered for authorisation. 'IDAC only came into operation in August 2024 and has been focused on this work. Therefore, the recruitment of investigators only commenced recently, so the issue of investigative capacity still affects IDAC capacity,' Kubayi said. ALSO READ: Batohi clarifies NPA infiltration claims to justice minister amid criticism When asked if the department had vetted NPA investigators and prosecutors to prevent internal sabotage or case compromises, Kubayi responded that she does not interfere in prosecutorial decisions. Instead, she focuses on ensuring the NPA operates in a conducive and independent environment. She confirmed that there was consistent vetting and that all employees were required to undergo lifestyle audits to detect any wrongdoing. 'We also call upon the public if there are cases that you know of or individuals within our ranks that you know are acting outside what they are supposed to do, to be able to alert us,' the minister said. Lamola, who was speaking from the G7 Summit in Canada, answered questions about repositioning the Southern African Development Community (SADC) and the African Union (AU) in the current geopolitical climate and plans to address illegal immigration. Lamola reiterates SA's commitment to SADC The Chairperson of the Select Committee on Security and Justice, Jane Mananiso, asked Lamola about South Africa's role in repositioning the SADC and AU immediately in the changing geopolitics and international order. He also reiterated South Africa's commitment to the SADC, emphasising the country's role in promoting regional growth, integration, and conflict resolution. ALSO READ: SA calls for urgent probe after 32 Palestinians killed while waiting for food He described the global political landscape as volatile, with a focus on the scramble for African resources and political influence. Lamola said South Africa's strategy was to counter geopolitical technical support and meet financial obligations to SADC. 'The AU is an important organisation and agency to advance South Africa's vision of a better Africa in a better world, despite the ever-changing geopolitical and international order,' the minister said. Continued support for peacekeeping efforts Addressing South Africa's peacekeeping responsibilities and lessons from the mission in the Democratic Republic of the Congo (DRC), Lamola affirmed the country's continued support for peacekeeping efforts under SADC. On Friday evening, the first group of 249 South African soldiers who were deployed in eastern DRC returned home. 'South Africa continues to engage and brief all missions in South Africa from the continent on the prevailing environment and the situation and continues to work with all our partners and stakeholders in the country to maintain peace and security, and also to continue to build tolerance amongst South Africans and also foreign nationals,' he said. UDM MP Matthewis Mandla Peter questioned Lamola about strategies to collaborate with other African countries to curb illegal immigration through formal agreements and coordinated efforts to address root causes. ALSO READ: Kubayi condemns murder of young prosecutor in Eastern Cape Lamola acknowledged South Africa's role as a destination for both regular and irregular migrants and stressed the need for a coordinated, continent-wide approach. He cited the African Union's Migration Policy Framework for Africa and its related protocols and action plan as guiding instruments. 'The management of illegal migration on the continent cannot be removed from the broader challenges of migration facing the international community. Migration has always been a geopolitical issue, more so in this current geopolitical climate,' Lamola said.
IOL News
17-06-2025
- Politics
- IOL News
NPA launches recruitment drive to fill 268 vacant positions
Justice and Constitutional Development Minister Mmamoloko Kubayi says the NPA's staff complement has expanded by 34% since 2019 and that it has a substantially reduced vacancy rate. Image: Ntswe Mokoena / GCIS Justice and Constitutional Development Minister Mmamoloko Kubayi on Tuesday said the National Prosecuting Authority (NPA) was currently in a drive to fill 268 vacant posts that were at various recruitment processes at the end of May 2025. Responding to questions in the National Council of Provinces, Kubayi said the NPA's staff complement has expanded by 34% since 2019 and has a substantially reduced vacancy rate. 'In the current format, human capacity, the head count is 5,513 permanent employees, an additional 327 appointed on fixed-term contracts, and 3,562 prosecutors who are permanently employed, and 289 are prosecutors who are appointed on contract. 'In the past financial year alone, the NPA has been able to appoint 728 permanent prosecutors and also 685 contract appointments,' she said. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading Kubayi also said the NPA has moved from an annual performance of 50% in the 2020/21 financial year to 73% in 2023/24. 'The upward performance trajectory saw the NPA making a considerable contribution towards the Medium Term Development Plan for 2019-2024 in terms of improving on conviction rates in all court orders and attaining R11 billion in freezing orders against a target of R10.4 billion.' She stated that the NPA has been allocated R6.1 billion for the 2025/26 financial year, with R5.2 billion to be spent on compensation of employees and over R830 million on goods and services. 'It is projected that the NPA will be able to conclude and utilise this budget effectively. I must indicate, in some of the instances, we are able to pull from the Criminal Asset Recovery Account fund to support some of the work, and the Minister of Finance has been very supportive of the NPA in terms of ensuring financial resources.' Kubayi said prosecutors are undergoing continuous training and development in various aspects. 'Currently in the financial year, we have scheduled 148 training programmes and 10 have already taken place with 60 employees benefiting from this.' The minister added that they were consistently reviewing the capacity and the training needs for all areas, especially in dealing with specialised commercial and corruption-related matters. 'We have done the study that provides a picture of levels of capacity where it resides and amongst the prosecutors. Out of this review study, we'll be able to feel where the gaps are and in the areas where there are complex, organised crime, complex commercial crimes, including corruption, we're able to close those gaps.' Kubayi said there were lessons to be learned from the failed prosecution of Timothy Omotoso and Moroadi Cholota, former personal assistant of former Free State premier Ace Magashule. 'More work can be done, but support and providing oversight over some of the cases. A lot of work is being done and over time where there is shortage of capacity, for example, we are able to source even external capacity to come and support the NPA.' Kubayi also stated that the current workload per prosecutor in lower courts was split between the work of the district court and the regional court. 'The outstanding cases per prosecutor in the district court amount to 80 cases per prosecutor. The outstanding cases per prosecutor in the regional court amount to 53 cases. Apart from the criminal court work, prosecutors in both district and regional courts have dealt on average with 207 decision dockets in the past financial year.'
IOL News
14-06-2025
- Politics
- IOL News
Government struggles to account for civil servants in National Sex Offenders Register
Justice Minister Mmamoloko Kubayi says although every convicted sex offender was included in the register by virtue of a sexual offence committed, the information contained in it was not disaggregated per profession, gender, or employment. Image: File The government is currently unable to ascertain the number of civil servants listed in the National Register for Sex Offenders. This startling revelation emerged when Justice and Constitutional Development Minister Mmamoloko Kubayi responded to questions regarding the verification process for public sector employees. Build One South Africa Deputy Leader and MP Nobuntu Hlazo-Webster had wanted to know the number of civil servants on the national register, and asked to be furnished with the breakdown per department, job category, and province. In her response, Kubayi clarified that the register does not disclose information in terms of profession, gender, or specific employment. 'Every convicted sex offender is included in the register by virtue of a sexual offence committed,' she said. 'The total number of individuals who are currently employed in the public sector that are listed on the National Register for Sex Offenders cannot be determined.,' Kubayi explained. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Complicating the matter, Public Service and Administration Minister Mzamo Buthelezi stated that his department does not manage or access the national register, which falls under the custodianship of the Department of Justice and Constitutional Development. Responding to BOSA Leader Mmusi Maimane on the total number of civil servants on the register, Buthelezi said the role of his department was restricted to guiding employment policy to departments. 'Departments, as employers, are responsible for verifying employment suitability during recruitment and managing compliance with disciplinary and ethical standards for current employees,' he said. 'The identification and management of individuals listed on the register, such as knowing who they are, where they are employed, and in what capacity, rests with departments in accordance with their delegated authority and human resources responsibilities,' Buthelezi said. Despite the gaps in oversight, Basic Education Minister Siviwe Gwarube provided an update on the status of vetting within the education sector. She revealed that provinces have received 35,800 certificates from the National Register for Sex Offenders, out of approximately 84,000 applications submitted as at April 30. 'While progress is being made in this regard, provinces have raised challenges, particularly related to limited capacity within the Department of Justice and Constitutional Development and the South African Police Service, which may have contributed to the delays.' It was reported in April that out of a total of 405,738 teachers employed by provincial departments, 78,509 (19%) have been vetted against the National Register of Sexual Offenders by the end of March. Gwarube said her department remained committed to ensuring that no person deemed unsuitable to work with children was employed within the basic education sector. 'Through continuous monitoring and stronger interdepartmental collaboration, the Department of Basic Education will work to ensure that the safety, dignity, and well-being of all learners are protected,' she said. Responding to DA MP Delmaine Christians, Gwarube said her department did not have currently detailed information regarding the number of cases of sexual abuse or harassment committed by teachers or staff employed at provinces during the past three academic years. 'This information resides with the relevant employers,' she said, referring to the heads of provincial departments, school governing bodies, and owners of independent schools. Gwarube said it was the responsibility of the employer to ensure that appropriate disciplinary action was taken against employees who engaged in sexual abuse or harassment. 'This question falls under the executive authority of the Members of the Executive Council for the nine provincial Education departments. The member is kindly requested to refer the question to the respective MECs.' However, Gwarube said her department will request all the provincial departments and the South African Council for Educators to provide the information requested. 'This information can be provided once received.' The National Register of Sex Offenders is not open to the public but is available for the public and private sector to vet whether someone is suitable to work with children and other vulnerable groups. Kubayi previously said they were advocating for amendments to the confidentiality and disclosure clauses of the Sexual Offences and Related Matters Act with the goal of making the register publicly accessible. 'We have initiated a multi-stakeholder consultative process engaging key experts and institutions to facilitate compliance with the aim of releasing the register as soon as possible.'
