Justice and Constitutional Development Minister Mmamoloko Kubayi.
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Justice and Constitutional Development Minister Mmamoloko Kubayi says the department's priorities for the year include fighting crime and corruption, increasing access to justice and deepening the transformation of the legal sector.
Kubayi was tabling the department's R26.3 billion budget in Parliament on Tuesday.
She said they have made a commitment to the legal sector to implement a number of reforms to alter the briefing patterns in favour of the black and women legal practitioners.
“The request for a quotation (RFQ) system will be reviewed so that the State Attorney’s intent of diversifying briefing patterns of the state in favour of blacks and women is achieved.
This takes place as four white-owned legal firms have asked the court to review the Broad-Based Black Economic framework for the legal progression that was gazetted by Minister of Trade, Industry and Competition Parks Tau in September 2024.
According to Kubayi, the Office of the State Attorney has commenced with the process of profiling legal professionals with the aim of creating a grading system which will be used in the allocation of briefs.
“The grading system will use number of years in practice to grade practitioners who wish to compete for work in the public sector so as to ensure that RFQs are compiled such that they are sent to legal practitioners with the same years of experience and to cater for all genders,” she said, adding that the details will be published in the coming weeks.
Kubayi further said her department will use the Intergovernmental National Litigation Forum to ensure a coordinated approach between state attorney and client departments.
“This will ensure state briefing patterns are consistent across government, and transformation policies are adhered to without exception.
She further said they will bring in legal experts to assess the merits of each case to determine the best course of action on how to resolve the cases to deal with the backlog of state litigation.
“This will help us to speedily reduce the litigation backlog and bring down the cost of litigation for the state.
The minister told parliamentarians that the criminal justice system will intensify its efforts to fight against organised crime and criminal syndicates, using technology, intelligence and integrated law enforcement.
“This means that the justice value chain, from investigative agencies through prosecution to our courts, have to work together in a coordinated fashion to bring criminals to book."
The National Prosecuting Authority is already working closely with the SAPS, through a special task team that was established following the interim report of the Madlanga Commission of Inquiry.
Kubayi said that they would increase their efforts to deprive criminals of ill-gotten wealth through asset forfeiture.
Other enabling legislations will be amended, including the protection of whistleblowers.
“We released a Bill for public comment with a closing date of 14 May this year with a view to finalise it within this financial year.”
Kubayi said they will also introduce amendments to the Criminal Procedure Act, the Public Protector Act, the Special IU Act and remove the confidentiality clause and allow for the publication of the National Register for Sex Offenders.
The minister revealed that they were at an advanced stage of the amendment of Regulation of Interception of Communications and Provision of Communications Related Information Act (RICA).
Kubayi said criminals have been abusing the electronic communication service and used it to facilitate serious crimes undetected, because of non-compliance.
She said as part of the RICA amendment, the SIM card registration process will now require biometric verification, alongside passport and immigration status verification for foreign nationals.
The minister stated that the JCPS cluster has engaged with mobile network operators to address the non-compliance.
“We have agreed that by the end of June, they should provide a plan on how they are going to comply with current RICA provisions to address unregistered and illegal SIM cards.
“We also took a decision to start implementing enforcement by July this year, and non-compliance will face a penalty as per RICA,” said Kubayi.
The minister said an additional 20 sexual offences courts will be established in communities with the highest incidence of sexual offences, and that four more Thuthuzela Care Centres will be added in this financial year.
Kubayi said R463 million has been set aside for infrastructure and R48.5m for maintenance of the courts across provinces.
Cape Times