South Africa to Roll Out Full Judicial Independence in 2025/26 Fiscal Year

In a bold and transformative move aimed at strengthening constitutional democracy, South Africa’s judiciary is set to attain full institutional independence in the 2025/2026 financial year, marking a crucial milestone in the evolution of the country’s democratic institutions.

This announcement was made by Minister of Justice and Constitutional Development, Mmamoloko Kubayi, during her budget vote presentation for the Office of the Chief Justice (OCJ) in Parliament on Tuesday. The reform will see the judiciary elevated as a fully-fledged and structurally autonomous Arm of the State, with operational and financial independence from the executive branch.

Reimagining Judicial Autonomy

Minister Kubayi outlined a comprehensive model that will establish a single, unified judiciary under the exclusive governance of the judiciary itself, in line with the principles enshrined in the Constitution of the Republic of South Africa.

“Judicial governance and court administration will be placed under the authority of the judiciary itself, enabling it to function as a true and equal Arm of the State,” said Kubayi.

In this restructured model:

• The Chief Justice will assume the role of Executive Authority of the OCJ.

• The Secretary-General will serve as the accounting authority for the judiciary.

• The OCJ will be re-established outside of the public service and be empowered to appoint its own staff through a custom human resource framework grounded in judicial principles and operational needs.

This reform will include the transfer of the Lower Courts’ administration, including the Magistrates Commission, to the OCJ, effectively consolidating the judiciary under one cohesive structure.

Interdepartmental Task Team and Implementation Timeline

To navigate the transition toward institutional independence, a multi-departmental task team has been formed. The team includes senior representatives from:

• Department of Justice and Constitutional Development

• Office of the Chief Justice

• The Presidency

• National Treasury

• Department of Public Service and Administration (DPSA)

• Department of Public Works and Infrastructure (DPWI)

This task team has been tasked with delivering a progress report to Cabinet by August 2025 and will oversee the phased rollout of the independence framework.

“In the end, as envisaged by the founders of our democracy, we want to create a single judiciary that is an equal Arm of the State,” Kubayi affirmed.

R2.7 Billion Budget Boost for Judicial Function

Supporting this major transformation is a R2.7 billion budget allocation for the OCJ in the 2025/2026 fiscal year, reflecting a 5.5% increase over the previous year. The funding will cover:

• Court administration

• Judicial education and support

• Direct remuneration for judges

• Operational costs across superior courts

Kubayi noted that this increased budget will significantly enhance the efficiency, independence, and effectiveness of the judiciary, while a further financial commitment from the Minister of Finance later this year is expected to strengthen OCJ capabilities.

Digital Justice: National Rollout of Court Online

A key strategic priority under this transformation is the modernisation of the court system. The Court Online platform, initially piloted in the Gauteng Division of the High Court, has been successfully expanded to:

• Western Cape

• KwaZulu-Natal

• Mpumalanga

• Limpopo

The system allows law firms and litigants to electronically file legal documents (E-Filing) from anywhere, improving access to justice and administrative efficiency. The Eastern Cape rollout is expected to be completed by end of July 2025, with phased extensions to the Land Court, Labour Court, and Labour Appeal Court.

“The envisaged full implementation of Court Online will enhance access to quality justice for all and the effectiveness of the courts,” Kubayi stated.

Anti-Corruption Measures and Accountability

Reinforcing the judiciary’s commitment to transparency and ethical conduct, the department is prioritizing the implementation of its Fraud Prevention and Anti-Corruption Policy and Strategy in 2025/2026. The policy introduces anonymous whistleblower mechanisms and collaboration with the National Anti-Corruption Hotline.

Following recent reports of corruption in the Mthatha High Court, the OCJ has initiated lifestyle audits for all employees, in addition to ongoing investigations by law enforcement agencies.

Furthermore, four officials from the Pretoria High Court have been suspended due to allegations of fraud and corruption, showcasing the department’s zero-tolerance stance.

This comprehensive push to restructure and modernize the judiciary places South Africa on a trajectory toward greater accountability, independence, and service delivery in the justice sector. With the combined force of strategic leadership, financial support, and digital innovation, the judiciary is set to emerge as a more autonomous and empowered pillar of democracy.