Minister Kubayi leads Maintenance Community Outreach Campaign in Kabokweni

By Sinenhlanhla Mkhwanazi

The gloomy weather did not stop the community members of Kabokweni from gathering at Impopoli Community Hall in Mpumalanga Province for the Maintenance Community Outreach Programme which was led by the Minister of Department of Justice and Constitutional Development (DOJ&CD) Mmamoloko Kubayi.

The campaign seeks to encourage beneficiaries of unclaimed maintenance funds to come forward and facilitate the payment process, while also raising public awareness about maintenance-related matters.

Explaining the purpose of the day Deputy Director General, Court Services at the DOJ&CD Mr Charles Lucky Mohalaba emphasised the importance of child maintenance. “We are here to discuss a serious issue of Child Maintenance. Our children need to be supported financially and as government we are committed to ensure that everyone has access to justice” says Mr Mohalaba. 

Dedicated team of Maintenance Investigators and other officials has been established to track and trace maintenance beneficiaries. Senior Maintenance Prosecutor:  Mr M Makata, emphasised their commitment to ensuring that Maintenance orders are enforced in the Province to ensure that beneficiaries get their monies. 

Minister of DOJ&CD Mmamoloko Kubayi explains that it is not right for children to only rely on SASSSA children's grant money whist they have parents who are working. "If you are employed you must support your children financially “says Minister Kubayi.

Minister Kubayi also stressed that there is lot of unclaimed Maintenance monies in the Department. "We have 82 million unclaimed Maintenance monies for nationwide beneficiaries. Come and claim your Maintenance monies," explains.

Minister also sent a stern warning to Departmental officials who allegedly steal Maintenance Monies. "I will fire the officials who are found guilty of theft of Maintenance money, I will not show mercy to anyone," says Minister Kubayi.

She also encouraged parents to be responsible and support their children. "Write down all the expenses of the children especially the basic needs not unnecessary expenses" she says.

WHO MUST PROVIDE MAINTENANCE?

The duty to maintain is based on blood relationship, adoption, or the fact that the parties are married to each other.

A child must be supported or maintained by:

• His or her parents, whether married, living together, separated or divorced, including parents who have adopted the child; and/or
• His or her grandparents, whether or not the child's parents were married to each other. However, this varies from one case to another.
• The duty to support a family member is not limited to supporting a child. Any family member, irrespective of his or her age, can ask any family member to support or maintain him or her, provided that the following two conditions are met:
• The family member who claims support is unable to maintain himself or herself.
• The family member from whom maintenance is claimed is able to afford the maintenance that is claimed.
• The main requirement of the means test is that the person who is liable to pay maintenance must have MEANS and the maintenance claimed must be REASONABLE.

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Kabokweni Community Members advised to utilise the OFA

By Sinenhlanhla Mkhwanazi

The Office of the Family Advocate (OFA) continues with their commitment to ensure that the interest of a child is a priority. Community members of Kabokweni in Mpumalanga were encouraged to make use of the services offered by the OFA in Mpumalanga. The Family Advocate assists parties to reach an agreement on disputed issues, namely custody, access and guardianship.

Advocate Rofhiwa Malala from Mpumalanga OFA advised community members to take the opportunity and use the services offered by the office. Advocate Malala was speaking during the community outreach in Kabokweni. She explained to community member some of the rights of children. “Children have the right to care, right to basic needs: this includes the right to basic nutrition, shelter, and health care services.” Says Advocate Malala.

She further cautioned parents against denying another parent access to children. “If you are denied access to your child come to us and we will open Section 21 file to assist you,” she says. She also explained that the OFA can mediate between the two parties to draft a parental plan.

POINTS TO NOTE ABOUT THE FAMILY ADVOCATE

• The Family Advocate cannot become involved in any matter that has already been finalized by the Court.
• The Family Advocate cannot be subpoenaed to Court as a witness to give evidence on behalf of any party even if his/ her recommendation is in favour of that party.
• The recommendation of the Family Advocate is intended to assist the Court in adjudicating a matter and arriving at a particular order. The recommendation itself is not enforceable unless incorporated in a Court Order.
• The Family Advocate is a neutral institution and cannot act as the legal representative for either litigant, in a matter.

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Minister Mmamoloko Kubayi Calls for Global Collaboration in The Fight Against Corruption

By Junior Kotu

“The fight against corruption needs eternal vigilance and continuous sharpening of anti-corruption tools,” said Justice Minister Mmamoloko Kubayi while delivering a keynote address at the G20 Anti-Corruption Working Group in Skukuza Kruger National Park recently.

The Group of Twenty (G20) is an international forum of both developing and developed countries which seeks to find solutions to global economic and financial issues and South Africa is the first African nation to hold the G20 Presidency.

Recently, South Africa was part of the international community when a significant milestone was marked with the signing of the United Nations Convention against Cybercrime. By equipping all states to better prevent, investigate and prosecute cyber offences, the convention will serve as a vital new tool in the fight against cybercrime and corruption.

While it exacerbates some of the most pressing challenges facing societies, corruption is not a victimless crime as it undermines human rights, justice and social cohesion and erodes trust in public institutions and democracy. “It is through a shared and multifaceted commitment that we can ensure that corruption does not enable organized crime, nor does it hamper economic development or deepens poverty and inequality.

To effectively combat corruption, Minister Kubayi emphasized the importance of multi-stakeholder partnerships, whistleblower protection and cross-border collaboration as well as using innovative methods to seize stolen assets and ensure a robust global asset recovery framework.

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South Africa becomes the first country to robe court interpreters

By Suzan Mphuthi

Justice and Constitutional Development (DOJ&CD) Minister Mmamoloko Kubayi supported by Deputy Chief Justice Dunstan Mlambo and Acting Judge President (Deputy Judge President) of the Free State High Court, Justice Nobulawo Mbhele launched the Court Interpreters’ Robing Programme at Kgosi Mampuru Correctional Centre in Pretoria recently.

This ground-breaking initiative hailed as the first of its kind globally, professionalises court interpreters and promotes integrity, professionalism, and ethical conduct within the justice system.

“This is the first robing of court interpreters in the world, and it is happening here, in our country – a testament to our commitment to justice, dignity, and inclusion,” said Minister Kubayi.

She emphasised that court interpreters are not merely linguistic facilitators. They are guardians of constitutional rights, ensuring that every person, regardless of language, background, or ability, has meaningful access to justice.

This initiative establishes a new professional standard for court interpreters by introducing official gowns and a black-and-white dress code, to be worn regularly. Court interpreters play an indispensable role in facilitating access to justice by ensuring that all participants in legal proceedings understand and are understood, irrespective of language barriers.

Despite their critical function within the justice system, interpreters have historically lacked visible professional recognition in comparison to magistrates, prosecutors, and other key court officials .

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Minister Kubayi leads Nationwide Justice Sector Charity Drive to Support Vulnerable Children

By Njabulo Radebe

Minister of Justice and Constitutional Development (DOJ&CD), Mmamoloko Kubayi led the heartfelt launch of the Justice Sector Charity Drive recently, which is a nationwide initiative aimed at gathering old or preloved child friendly books and toys for vulnerable children and those in rehabilitation programmes. This campaign encouraged employees within the justice sector to participate by donating a toy/book.
This initiative forms part of the government’s ongoing efforts to build a victim friendly criminal justice system that brings comfort to victims and most importantly assist in preventing secondary victimisation.

Donations were highly appreciated therefore, all collected items through the campaign will be distributed during the upcoming 16 days of activism for No Violence against women and children campaign. Centres that support child survivors will receive these donations which will reaffirm the criminal justice system’s commitment to building a caring, humane and responsive society.

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NRSO fight for the vulnerable

By Dudu Diraditsile

The cornerstone of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, No. 32 of 2007 (SORMAA), is the National Register for Sex Offenders (NRSO) which is a record of names of those found guilty of sexual offences against vulnerable persons.

 The register gives employers in the public or private sectors such as schools; crèches and hospitals the obligation to check that the person being hired is fit to work with vulnerable persons.

Ms Ntombizodwa Matjila, NRSO Registrar at the Department of Justice and Constitutional Development (DOJ&CD) emphasised that vetting applies not only to teachers but also to all staff members and volunteers who interact with learners including sports coaches, cleaners, drivers and administration staff.

“Employing an individual listed on the NRSO to work with children is a direct violation of the law. Failure to comply can lead to criminal charges, heavy fines or even imprisonment for both the employer and the person responsible for hiring, says Ms Matjila.

Failing to properly vet teachers/staff members puts leaners at risk of abuse and exploitation, exposes schools to legal action, and damages their reputation. It can also cause long-term trauma for learners and erode community trust in the education system. Proper vetting is essential to ensure both safety and confidence in schools.

The National Register for Sex Offenders (NRS0) Certificates are now available from DOJ&CD PROVINCIAL OFFICES and are FREE?

Applicants can either apply on their own or on behalf of another. This can be done by applying form (FORM 7 or 8), a certified copy on an ID and a fingerprint report (SAP69i) obtainable from SAPS or any registered vetting solutions company.

The J738 form [Form 7 – Regulation 17 (1)] is for persons applying for a Certificate by person in respect of own particulars.This form is submitted by people who are checking their own particulars in the National Register for sex offenders.

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Small Claims Commissioner passionate on administering Justice

By Sinenhlanhla Mkhwanazi

Small Claims Courts (SCC) continue to be popular as they offer a quicker and easier way of resolving civil disputes that involve amounts up to R20 000. Adjudicating cases at these courts are called Small Claims Court Commissioners.

Serving as a Small Claims Court Commissioner at Booysens Magistrates Court in Gauteng is Acting Magistrate Ms. Adriana Bevilacqua.

Born and bred in Westbury, located west of Johannesburg, Bevilacqua is passionate on administration of justice. She obtained an LLB post graduate degree from the University of Witwatersrand in 2016. As a SCC Commissioner, she hears and adjudicate legal disputes between parties.

“As a starting point, I must assess the cases that are placed on the SCC roll and determine its eligibility for resolution at an SCC level This will include determining whether the SCC has jurisdiction to preside over the matter and whether the person instituting the proceedings has a valid cause of action.,” she explains.

As a Commissioner she is also responsible for hearing process in court, ensuring that the parties understand their legal rights, the procedure in court, rules relating to evidence and the fact that the SCC is an inquisitorial court by nature.

“I make sure that the parties present their case and provide evidence in a fair and impartial manner, while maintaining the decorum of the court.”, says Bevilacqua.

Subsequent to hearing the matter in court, she must make a ruling, which is based on the presented facts, applicable legal principles and established precedents.

One of the main challenges highlighted by Bevilacqua is lack of understanding of the operational process of the SCC. “Generally, when parties do not understand such proceedings, the court then has to deal with confrontational or emotional parties. In such an instance, I take extra care to ensure that the parties understand the proceedings and their legal rights.” She explains.

Booysens’ Small Claims Court is the 417th Small Claims Court established followed by the 418th established in Lenasia. The Booysens Small Claims Court was proclaimed in June 2025. and sits on Wednesdays from 14h00 in Court 5.