Kubayi Announces Major Steps Towards Full Administrative Independence for Judiciary

South Africa’s Judiciary is on the path to achieving full administrative and operational independence, with Justice and Constitutional Development Minister Mmamoloko Kubayi confirming that “significant progress” has been made in transitioning the court system away from executive control.

Kubayi made the remarks during a webinar hosted by judicial watchdog body, Judges Matter, where she laid out the phased roadmap for creating a single, independent Judiciary.

Background: Strengthening Judicial Independence

Earlier this year, President Cyril Ramaphosa, joined by members of the National Executive, held high-level talks with Constitutional Court Chief Justice Mandisa Maya and Heads of Court. The aim was to embed structural independence for the Judiciary, ensuring it functions as a fully autonomous arm of the state.

The reform programme seeks to secure both financial and operational independence. In this model, the Office of the Chief Justice (OCJ) will eventually oversee not only the Superior Courts but also the Lower Courts, including the Magistrates Commission.

Kubayi said this restructuring would entrench the separation of powers and align South Africa’s Judiciary with global best practice.

A Phased Transition Plan

The Minister explained that the reforms will be rolled out in two phases:

• Phase 1 (effective 1 April 2026): Immediate transfer of shared services relating to the Superior Courts from the Department of Justice to the OCJ. This will include functions not currently provided for in legislation, but which can be transferred through directives from the Minister to Accounting Officers.

• Phase 2: Operationalisation of new legislation to give the Judiciary full institutional independence and create a single Judiciary. Kubayi confirmed that a draft bill will be ready before the end of 2025, paving the way for parliamentary debate and adoption.

She acknowledged that the transfer of District and Regional Courts will be more complex, but insisted it is essential for building a Judiciary that is both unified and truly independent.

Lower Courts and Functional Transfers

To prepare for the restructuring, an audit was conducted on court-related functions that should be transferred to the OCJ. The audit identified several key areas, including:

• The Magistrates Commission,

• Court operations at national and provincial levels,

• Infrastructure, information technology, case management, and human resources.

Kubayi argued that once these are consolidated under the OCJ, the Judiciary will be strengthened as the “third arm of the state,” no longer dependent on executive structures for administration.

Governance and Accountability

Under the proposed framework, the Secretary-General of the Judiciary will become directly accountable to Parliament for judicial finances, similar to how the Secretary to Parliament oversees the legislature’s budget.

Kubayi said enabling legislation will ensure that the OCJ functions as a permanent, independent entity separate from the Executive. The OCJ’s mandate will include:

• Managing budgets and accounts,

• Providing logistical and IT support,

• Overseeing case flow and court libraries,

• Maintaining infrastructure and court buildings,

• Handling human resources and operational support.

This system, she argued, will balance independence with robust governance, ensuring checks and balances are maintained.

Executive Commitment to Judicial Independence

The Minister also emphasised government’s respect for the Judiciary’s independence, noting that South Africa’s courts — particularly the Constitutional Court — have consistently demonstrated impartiality even in politically sensitive cases.

“The debate on judicial governance and court administration within the context of an independent Judiciary has been ongoing since the advent of democracy. The principles of separation of powers and the independence of the judiciary lie at the heart of this debate,” Kubayi said.

She reaffirmed the Executive’s support: “We are committed to the creation of a single Judiciary that is administratively and operationally independent and led by the Judiciary itself.”

Looking Ahead

The proposed reforms mark one of the most significant institutional shifts since 1994. If implemented, they will fundamentally reshape how South Africa’s courts are administered, ensuring they function with greater independence, efficiency, and accountability.

Observers note that the changes could enhance public trust in the justice system by shielding it from undue political influence and by streamlining administration across all levels of courts.