InsightPREMIUM

Q&A with justice minister Mmamoloko Kubayi on the state of SA's courts

Judicial organisations say the dire condition of our courts in the country is compromising the delivery of justice. Chris Barron asked justice & and constitutional development minister Mmamoloko Kubayi ...

Justice and correctional services minister Mmamoloko Kubayi will host a handover and reburial ceremony for two ANC activists at the Orlando Communal Hall in Soweto. File photo.
Justice and correctional services minister Mmamoloko Kubayi will host a handover and reburial ceremony for two ANC activists at the Orlando Communal Hall in Soweto. File photo. (FREDDY MAVUNDA)

Q: Is our justice system broken?

A: I don’t think it’s broken at all. There are challenges, but it’s not broken.

Q: You don’t think the administration of justice is impeded by the fact that courts are collapsing?

A: The fact that our prisons are overflowing, that week in, week out people are being sentenced, indicates otherwise. I have met judges who are working around the clock to ensure they administer justice. I’ve met administrators in the courts who are doing their best to ensure there is justice.

Q: Would you agree that many of these courts are in a state of collapse?

A: What do you mean by “in a state of collapse?”

Q: Ceilings collapsing, roofs leaking, broken toilets, no internet, e-mail, printers, the basic infrastructure needed to administer justice.

A: I was at Palm Ridge magistrate's court a few weeks ago, one of the most beautiful courts we’ve got and quite effective. But yes, there are courts I’ve received reports about, and we’ve asked public works to go and look, because the infrastructure of our courts in terms of the buildings, the public works & infrastructure department is responsible for that.

Q: Isn’t your department responsible for court working conditions?

A: Yes, we are responsible, but I’m not responsible for infrastructure.

Q: Are you not responsible for ensuring that courts have internet, e-mail, paper, printers, recording and transcription devices?

A: That is our responsibility. But if you talk about ceilings or walls breaking, I do not have the mandate to fix that. But we’ve looked at where the infrastructure needs are, we’ve quantified that, [and] we’ve held a meeting in February with the minister of public works & infrastructure. They can’t respond to all our challenges, but we as a department are now able to do the fixing of anything below R1-million. But the money is limited. I’ve written to business people and companies to say please come on board and assist with repurposing and rebuilding areas where children testify.

Q: Why are child-abuse cases taking so long to be heard?

A: It’s various reasons. I’m looking at a report by the Teddy Bear Foundation to see if it correlates with what the department is reporting to me.

Q: Is it because courts don’t have basic equipment?

A: Not all courts are purposed to hear child-abuse cases. Only some have the facilities, so you find backlogs increase.

Q: Would you agree it’s difficult for courts to administer justice when they don’t have working phones, internet, e-mails, printers, transcription devices?

A: No, no, you are taking it to extremes.

Q: Didn’t the public protector’s report last year find only one out of 38 courts inspected could deliver efficient services?

A: The report of the PP released in 2024 related to sexual offences courts.

Q: Why did you miss the February deadline for publication of the sexual offenders register?

A: For a start, it was a self-imposed deadline. We’re dealing with issues of confidentiality, but the intention is still to release the register.

Q: Were you not aware of these issues when you committed to that deadline?

A: We were aware, but at the time we announced we are doing this somebody approached the court, and that made it difficult for us. It was something we didn’t foresee.


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