Latest news with #Kubayi
IOL News
19-07-2025
- Politics
- IOL News
Minister Kubayi calls for patience as Ramaphosa prepares for NDPP appointment
Justice and Constitutional Development Minister Mmamoloko Kubayi says National Director Public Prosecutor Shamila Batohi's tenure cannot be extended for a further period after she turns 65 on 31 January 2026 Image: Ntswe Mokoena / GCIS Justice and Constitutional Development Minister Mmamoloko Kubayi has asked that President Cyril Ramaphosa be given time to determine the process to follow in appointing the next National Director of Public Prosecutions (NDPP). Kubayi also said NDPP Shamila Batohi will vacate office when she completes her seven-year term in early 2026 when she reached the retirement age. She was responding to parliamentary questions from DA MP Damien Klopper and EFF MP Carl Niehaus. In her written response, Kubayi said the National Prosecuting Authority Act expressly indicated that an NDPP must retire at the age of 65. 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 ✕ 'The provision is peremptory. Thus, the NDPP's tenure cannot be extended for a further period after she turns 65 in order for her to complete a full 10 years. 'This means that on 31 January 2026, when the NDPP has turned 65, she will be vacating office,' she said. Kubayi also said there have been no discussions between her and Batohi on possibly extension of her term because the NPA Act was peremptory that the term cannot be extended after the age of 65 years. Batohi was appointed to her position in February 2019 and is now due to complete her term next January. Ramaphosa had decided on an open and transparent process, which involved the nominations and public interviews of the candidates by a panel. Kubayi said Ramaphosa was empowered by the Constitution and the National Prosecuting Authority Act to appoint the NDPP. She also said the process in which the NDPP would be appointed was solely the prerogative of Ramaphosa, who will at the appropriate time make a determination on such a process. 'The President should therefore be afforded space and time to determine the appropriate process to be followed when carrying out his constitutional responsibilities of appointing the NDPP.' Asked if she has conducted formal performance evaluation on Batohi in light of mounting public and parliamentary concern over the NPA's failure to secure successful prosecutions in high-profile corruption and state capture cases, Kubayi said she can only monitor the NPA's performance and advise Ramaphosa accordingly. She also said it was not constitutionally permissible for her to conduct a formal performance evaluation of Batohi as the suggestion was that she must account to her on her work. 'The NPA is constitutionally not part of the Executive and that the NDPP is not accountable to the Minister but to parliament. The Minister also cannot mero motu initiate a Section12(6) inquiry as to the NDPP's fitness to hold office. That is a prerogative solely in the preserve of the President as the appointing authority.' However, Kubayi said if she was of view that an NDPP was underperforming, she may advise and make a recommendation to the President on whether an inquiry ought to be instituted. 'The NDPP is a Presidential appointee, and it is the President, in terms of Section 17 of the NPA Act, who must determine the remuneration and other terms and conditions of service of an NDPP, not the Minister.' The minister further said the time she has been a minister in the Justice and Constitutional Development since December 2024 does not give sufficient time to do a comparison of Batohi with her predecessors. However, Kubayi said the only way to assess her performance was to look at the overall annual performance of the NPA over the years of her tenure. 'The NPA has moved from an annual performance of 50% in 2020/21 to an organisation that performed at 73% in 2023/24,' she said. 'The tenure of the current NDPP is characterised by a theme of rebuilding an institution that was hollowed out by years of state capture, and left the NPA decimated in order to ensure that the rule of law was destroyed and undermined; and impunity was the order of the day.'
eNCA
17-07-2025
- Politics
- eNCA
Justice Minister confirms Police Commission terms of reference signed
JOHANNESBURG - Justice Minister Mamoloko Kubayi has signed the terms of reference for the Judicial Commission of Inquiry in KZN Police Commissioner Nhlanhla Mkhwanazi's allegations. Kubayi has confirmed that the government has also provided security to Commissioners. President Cyril Ramaphosa has appointed Justice Mbuyiselo Madlanga to investigate the allegations. The Minister says that the wheels are in motion. A second Commission, to be chaired by retired Constitutional Court Justice Sisi Khampepe, will investigate allegations of political interference blocking the NPA from prosecuting those responsible for crimes committed during the Apartheid era. Kubayi could not immediately provide figures on the cost of the two Commissions. However, she has emphasised that lessons from past inquiries have been taken to heart and the government will exercise fiscal restraint.
The Citizen
08-07-2025
- General
- The Citizen
Mothers must also pay child maintenance based on income
Justice minister detailed how courts approach maintenance calculations by considering the comprehensive costs of raising a child. Justice Minister Mmamoloko Kubayi during a visit at Palm Ridge Magistrate's Court on 13 March 2025 in Palm Ridge, South Africa. Picture: Gallo Images/OJ Koloti Justice Minister Mmamoloko Kubayi has challenged the assumption that only fathers are responsible for child maintenance. During a community engagement session in Mfuleni, Western Cape, she argued that mothers with higher incomes must contribute more to their children's upkeep. Speaking at the #MaintenanceMatters community forum, Kubayi challenged common misconceptions about parental financial responsibilities and outlined how courts determine maintenance arrangements based on each parent's financial capacity. Both parents must contribute according to their means Kubayi stressed that South African law requires both parents to contribute to their children's upkeep based on their financial circumstances. 'Sometimes, as parents, we think it is only fathers who have the responsibility to maintain their children. But the law requires both parents to contribute according to their means,' the minister explained. Kubayi detailed how courts approach maintenance calculations by considering the comprehensive costs of raising a child, including food, transport, medical aid, and other essential needs. These expenses are then allocated between parents based on how much they earn. 'For example, if both parents earn the same salary, they will each pay 50%. But if the mother earns more than the father, she will pay a bigger share,' Kubayi explained. She further emphasised that maintenance obligations are determined by financial ability rather than gender. ALSO READ: Kubayi: NPA capacity up as state capture cases progress Multiple children considerations Addressing situations where fathers have children with multiple partners, Kubayi explained that courts take a holistic approach when determining maintenance amounts. When calculating individual maintenance obligations, the judicial system considers all children a parent is responsible for supporting. 'Maintenance is not only about your child alone; it is about ensuring that all the children that person is responsible for are taken care of,' the minister stated. Visitation rights and legal obligations Kubayi also addressed mothers directly regarding custody arrangements, particularly concerning visitation rights. She said respecting court-ordered visitation schedules is a legal requirement that cannot be ignored. The minister warned that any parent who prevents another parent from exercising court-granted visitation rights faces legal consequences, including potential arrest for violating court orders. ALSO READ: 'We are coming for you' – Simelane signs MOU to restrict credit for child maintenance defaulters Community concerns and access to justice During the engagement, Kubayi acknowledged community concerns about services at the Blue Downs Court and committed to addressing these issues. The minister said the community forum is part of broader departmental efforts to educate South Africans about their legal rights and responsibilities while ensuring equitable access to justice. The #MaintenanceMatters initiative represents the Department of Justice and Constitutional Development's ongoing commitment to community education and improved access to legal services across the country. READ NEXT: Children must be in school, not at work – experts
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.
