Minister Kubayi engages with Municipal Legal Practitioners

By Dudu Diraditsile and Masia Masekatlala

SALGA (South African Local Government Association) hosted the 5th national Municipal Forum at Bridgette Mabandla Justice College in Pretoria recently. The forum brought together Heads of Legal Departments in Municipalities, Legal Practitioners, and key legal stakeholders to address critical legal issues facing local government.

The aim of the forum was to provide updates on key emerging legal matters affecting local government, draw on collective experiences and lessons learned by various municipalities in dealing with intricate legal cases, and for municipalities to provide technical input into SALGA's policy and legislative proposals, advocacy agenda, and legal strategies on matters of common interest.

Director General of the Department of Justice and Constitutional Development (DOJ&CD) Advocate Doc Mashabane gave an opening remark and introduced the Minister of DOJ&CD Ms. Mmamoloko Kubayi at the forum.

Minister Kubayi urged legal practitioners to priorities ethical standards and developmental state. “Municipalities are at the coalface of service delivery. In carrying out the responsibility of service delivery, municipalities across the country are bound to attract litigations from citizens who may feel that their socio-economic, civil, political and cultural rights have been infringed upon; and from corporations and organisations for varied reasons”, said the minister.

She further revealed that currently the state is the largest consumer of legal services in our country as it loses Billions of Rands through unnecessary state litigation costs.

The Minister shared that the department and SALGA have formed a strategic co-operation partnership that its priority will bring about outcomes such as cooperating and developing a Memorandum of Understanding (MOU) that will ensure there is increase in access to justice and deliver fair justice for all as well as tackle the high rate of property hijackings seen in big cities and towns amongst others.

“I am pleased that even as you to reduce your legal costs you still placed service delivery and promoting good governance at the centre of all your efforts”, concluded the minister.

Samkelo Janda from SALGA addressed the important of collaboration and listening to legal advice in addressing the challenges faces by local government “we must all work together and listen to practitioners who deal with these challenges every day, we must trust that they know better, and they will help us solve these challenges” said Janda.

Overall, the 5th National Municipal Legal Practitioners Forum provided a valuable opportunity for stakeholders to engage on critical legal issues affecting local government and to work towards finding solutions to these challenges.

---

Minister Kubayi Launches Human Rights Month, Fostering Collaboration with Civil Society

By Masia Masekatlala

In commemoration of 30 years of democracy, freedom, and human rights in South Africa, Minister of Justice, and Constitutional Development (DOJ&CD), Ms. Mmamoloko Kubayi, officially launched Human Rights Month on February 28, 2025. The launch took place at the University of Johannesburg's Soweto Campus, where the Minister hosted a stakeholder engagement session with members from civil society organizations.

Outlining the purpose of the day, Director General in the DOJ&CD Advocate Doc Mashabane explained that the engagement aims to strengthen partnerships between government and civil society. “Let us engage in honest discussions today with the aim of strengthening our collaboration and finding innovative ways of expanding access to justice for all our citizens.” Said Advocate Mashabane.

The launch of Human Rights Month 2025 marks an essential step towards promoting human rights, social justice, and equality in South Africa’’ As the country reflects on its progress and discusses the path forward, this event serves as a reminder of the importance of collaboration and collective effort in advancing human rights.’’ explained Minister Kubayi.

In her address, Minister Kubayi emphasized the significance of collaborative work between the government and civil society in advancing human rights and social justice. “Creating a just, equitable, and sustainable society requires a paradigm shift, and our constitution is the framework and foundation upon which this transformation is anchored’’ said Minister Kubayi.

She highlighted the progress made over the past three decades in reversing historical injustices, repealing discriminatory laws, and promoting the rights of previously marginalized communities “Our quest to expand access to justice is based on the equality provision that says everyone is equal before the law and has the right to equal protection and benefit of the law,” said Minister Kubayi.

Deputy Minister of Justice Mr Andries Nel highlighted that the country’s constitutional democracy must be enjoyed by all.  “The ever-brutal assassination of Ima Muhsin in the past two weeks is just indicative of the work that still lies ahead to ensure that we continue to make the reality of our constitution felt by all who live in it.” said Deputy Minister Andries Nel.

During the session, civil society organizations had opportunity to present recommendations to improve the legal framework, contribute to policy development, and influence strategies that reflect the needs and aspirations of communities. “Our country transitioned from a past cemented in division based on race, and the struggle for the freedoms we enjoy today came at the loss of many lives. “Said Commissioner T Madlingozi from South African Human Rights Commission.

He furthermore said that government must do everything in its power to protect human rights “Significant strides have been made in engendering the culture of human rights, including the abolition of the death penalty and the protection of commuters' safety." He spoke.

Representatives from different stakeholder groups, such as South African Human Rights Commission, South African Law Reform Commission and National Prosecuting Authority, were in attendance and made a valuable contribution.

---

Degrading state of Palm Ridge Court summons the Minister

By Dudu Diraditsile

Courts are believed to be safe places where the public finds hope and support, however that was not the case according to the community members of Katlehong and surrounding areas whom are serviced by the Palm Ridge Magistrate’s Court.

Minister of Justice and Constitutional Development, Mmamoloko Kubayi together with her Deputy Andries Nel were faced with direct frustrations of community members voicing openly their dissatisfaction about the court on 13 March 2025.

Allegations levelled against the court officials are corruption, lack of fairness in the legal system and alarming reports of poor service delivery.  

Senior court Management took the Minster and Deputy on a walkabout where they engaged with sectional supervisors and officials. Three elderly women singly on the foyer in tears pleaded with the Minister to assist them. They raised their concerns such as how maintenance cases are handled, unlawful house evictions and unfair ruling by members of the Judiciary.

“This court has traumatised us, if you do not have money you are nothing”, said teary Ms Zodwa Shabalala*.

During the stakeholder engagement, community members who participated actively called for Minister’s intervention and asked her to do a surprise visit where she will discover the real day-to-day operation of court. They stated that corruption starts from the gate.

Addressing the staff, the Minster had this to say, “seeing the tears of an old woman is the worst thing that can happen to anyone”. She mentioned that she is disheartened at the state of the court she was confronted with.

The minister strongly instructed immediate intervention on the poor filing system of gender-based violence (GBV) case files pointing out that they are very crucial and have sensitive information. Expressing her shock and disappointed she said it is totally unacceptable.

Furthermore, Minister said she felt embarrassed as the crisis of GBV in the country is known yet she gets reports that some cases could not be completed because the dockets got missing, original documents were taken out of the files or the clerk did not do their job. “I am appealing to you colleagues, what I have been hearing must stop” appealed the minister. 

She promised to follow up on some of the matters she had asked to be attended to before leaving the court and further gave them until end of business the following day to submit report with evidence.

The minister outlined few changes that she wanted to see happening with immediate effect and they are:

• All access control to be sorted out
• All rooms with files/confidential information must have cameras
• Access to file rooms to be limited
• Managers and supervisors must have regular meetings
• A habit of late coming must come to an end.

One of the officials, an interpreter in court, highlighted that the issue of security is a problem as there is free access from two courts to the accused cells. She shared that their lives are at risk as they see new faces almost every day, some posing as lawyers hence there was a case of escape at court at some point.

Deputy Minister Andries Nel, also took the opportunity to engage with the stakeholders and officials. He said he is pained as when they opened Palm Ridge court under the leadership of Mr Jeff Radebe in 2012, they had high hopes that they have built a new modern facility that is closer to the people and it will promote access to justice. Regrettably that is falling short of the expectations they set at that time.

“Based from the short experience the Minister and I have seen, that is totally against what our Constitution says on the rights of the people of South Africa - The right to access to justice and the fundamental right to human dignity which are not upheld”, said Deputy Minister Nel. 

In her conclusion the minister said she takes responsibility and needs to apologize to what the community have been going through. “This type of environment must not find any ground under my leadership; DM and I we are going to take action” concludes the minister.

---

DOJ&CD Deputy Minister Nel launches Pampierstad Small Claims Court

By Sinenhlanhla Mkhwanazi

In a quest to enhance access to justice services, Deputy Minister of Justice and Constitutional Development (DOJ&CD), Mr. Andries Nel, joined by District Development Model Champion for the Frances Baard District, Deputy Minister in the Presidency, Nonceba Mhlauli, officially launched a Small Claims Court at Pampierstad Magistrate’s Court in the Frances Baard District Municipality in the Northern Cape Province.

The establishment of the Small Claims Court forms part of the Department’s ongoing efforts to enhance access to justice by bringing legal service closer to communities. Small Claims Courts offer a quicker and easier way of resolving certain civil disputes that involve amounts up to R20 000. “If you have a dispute with someone else, we don’t want those disputes to be resolved in violence. The Small Claims Court will assist in resolving those disputes in a fair manner,” said Deputy Minister of DOJ&CD Mr. Andries Nel.

 If your claim exceeds R 20 000 in value, you can institute a claim for a lesser amount to pursue your case in the Small Claims Court. Small Claims Courts ensure that justice remain accessible to all, especially to individuals who may not have the financial representation to engage legal practitioners.

Deputy Ministers Nel and Mhlauli engaged 250 community members in Pampierstad following the launch of the Small Claims Court. Leaders from government, judiciary and traditional authorities joined the discussion on justice services.

CLAIMS THAT ARE NOT ALLOWED AT THE SMALL CLAIMS COURT
You CANNOT use the Small Claims Court for:

• Claims over R20,000
• Cases against the State
• Court judgment appeals
• Marriage annulments
• Will disputes
• Evictions
• Personal injury claims

SMALL CLAIMS COURT PROCESS – STEP BY STEP GUIDE
Step 1: Try to Settle the Dispute out of court
- Contact the person directly (in person, by phone, or in writing).
- The claim limit is R20,000.

Step 2: Send a Letter of Demand
- Clearly state the amount owed and the reason for the claim.
-  Deliver in person or via registered mail.
-  They have 14 days to respond.

Step 3: Visit the Small Claims Court
- If unpaid after 14 days, go to your nearest Magistrate’s Court with:

• A copy of the Letter of Demand
• Proof of delivery (post slip/receipt)
• Any contracts or agreements proving the claim
• The person's contact details

- The Clerk of the Court will issue a summons.

Step 4: Attend the Court Hearing

• Bring proof that the summons was delivered.
• Present your case to the Commissioner.

Step 5: Payment of your Claim
- If you win the case, the person must pay immediately or follow a payment plan.

6. What happens if the person doesn’t pay
- The matter goes to the Magistrate’s Court for enforcement.

NB:  You don’t need a lawyer. The court will assist you to do the process on your own.

---

Selfless Freedom Fighters Paved The Way

By Dudu Diraditsile

This year, March 21st, marks 65th anniversary of the Sharpeville massacre where revolutionary and selfless freedom fighters took to the streets to fight for the country’s liberation.

Human Rights month this year is commemorated under the theme; “Deepening a culture of social justice and human rights”.

Department of Justice and Constitutional Development  (DOJ&CD) Minister Mmamoloko Kubayi when launching the Human Rights month earlier this month during a stakeholder engagement session at the University of Johannesburg, Soweto Campus, mentioned that the department’s quest to expand access to justice is based on the equality provision that says: “Everyone is equal before the law and has the right to equal protection and benefit of the law” and that “equality includes the full and equal enjoyment of all rights and freedoms”.

Human Rights Day in South Africa is celebrated to honour those who paid the highest price for the country’s liberation and the rights citizens enjoy today.  

The day is historically linked with the events in Sharpeville on 21 March 1960 where 69 people died and 180 wounded when police fired on a peaceful crowd that had gathered to protest for the abolition of Pass Laws.

Many now have the privilege to enjoy the rights afforded to them. The Bill of Rights protects the rights of every South African, and it is important that all South Africans know their most basic rights. Below are some of the 30 crucial rights every citizen must know:

• The right to basic education
• The right to life
• The right to health care, food, water and social security
• The right to equality
• The right to privacy
• The right to freedom of expression
• The right to access to information and many more

Minister Kubayi reminded everyone that while every person is entitled to these rights, they also have a responsibility to respect these rights. “May we remember that with rights and freedom comes great responsibility. We have a responsibility to do everything in our power to sustain a human rights culture, guided by the foundation laid by those who lost their lives in the strive for a society free from discrimination and the achievement of social justice”, she said.

---

Know Your Courts

By Njabulo Radebe

Constitutional Court
The constitutional is based in Braamfontein, Johannesburg. The court is the Apex court in South Africa, its decisions cannot be changed by any other court however, general matters are heard if the constitutional court grants leave to appeal. The court was established in 1996 and you can bring matters directly to the constitutional court or appeal directly to the constitutional court from any other court.

Supreme Court of appeal
The SCA is based in Bloemfontein in the free state, and it decides appeals except in labor and competition matters. Besides the constitutional court, no other court can change the decision of the SCA. The final verdict should be supported by most of the judges.

High Courts
The high court has numerous divisions in all provinces, judges are assigned within the regions by the judge President. A matter may be discontinued and referred to the full hearing of the court by a single judge. The high court does decide constitutional matters however, the constitutional court must agree. Given the intensity of the work provided by the high court, it also consists of circuit courts, registrar of the high court, family advocate, the master of the high court, sheriff of the court, directors of public prosecutions and state attorney.

Tax Courts
The tax court hears tax appeals, they were established for areas in March 2003. When the tax court sits to hear an appeal, the proceedings are not public. The president of the tax court, May in exceptional circumstances allow that person or any other person to attend that sitting. You can also appeal against the decision of the tax court to the provincial division of the high court or the Supreme Court of appeal.

Labor courts and labor appeal courts
The labor appeal court hears appeals against decisions in the labor court. It is the highest court for labor appeals, the labor courts adjudicate matters relating to labor disputes between employer and employee.
Land Claims Court
The land claims court specializes in dealing with disputes that arise out of laws that underpin South Africa’s land reform initiative. They can hold hearings in any part of the country although the main offices are in Randburg.

Land Court
The establishment of the land court was provisioned for appeals against the decision of the land court, making provisions for administration and judicial functions of the land court, to provide meditation procedures and matters connected therewith.

Traditional Court
Traditional courts provide uniform legislative framework for the structure and functioning of traditional courts and to provide for matters connected therewith.

Magistrate’s court
These are the districts courts and regional courts; the district courts hear matters of civil cases. The types of civil matters that are heard by the magistrate court can be found in act (32 of 1994 as amended). Regional courts deal with serious cases such as murder, rape, armed robbery, and assault. District courts try less cases whereas specialized magistrates court handle certain type of matters.

Specialized Commercial Crimes Court
These courts were established in 2009 and they hear commercial crimes and organized commercial crimes, these crimes are investigated by the South African police services and persecuted by the specialized commercial crimes unit of the NPA.

---

South Africa’s Chapter 9 Institutions

By Solly Kganyago

The advent of democracy in South Africa ushered in a new dispensation of protection and promotion of human rights, a cornerstone of constitutional democracy as enshrined in the Bill of Rights. In order to ensure these rights are protected and actively realised, the architects of the Constitution established six independent state institutions in Chapter 9 of the Constitution, namely: South African Human Rights Commission, Electoral Commission, Commission for Gender Equality, Public Protector, Auditor-General, Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities.   
The Chapter 9 institutions are subject only to the Constitution and the law. They must be impartial as they exercise their powers to hold state institutions and the functionaries accountable for financial and administrative decisions not in line with the Constitution. These accountability mechanisms to strengthen democracy are informed by South Africa’s history of discrimination, lack of accountability and gross violation of basic human rights.

The South African Human Rights Commission promotes and protects all the rights in the Bill of Rights. The Commission is responsible for raising public awareness of human rights and receive complaints from the public.

The Public Protector investigates complaints of abuse of power; unfair or rude treatment; unnecessary delays; non-adherence to rules; dishonest or improper handling of money; violation of executive members ethics and corruption.

The Commission for Gender Equality (CGE) monitors and evaluates the policies and practices of government, the private sector and other organisations to ensure that they promote and protect gender equality. The CGE investigates complaints on any gender-related issue and educates the public on gender equality.

The Auditor-General It is the only institution that by law, has to audit and report on how the government is spending the South African taxpayers' money. It also receives complaints from the public.

The Independent Electoral Commission manages elections to ensure they are free and fair at the National, Provincial and Municipal level. Citizens may lodge a complaint if they suspect votes have been tempered with which resulted in an unfair outcome.

The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities promotes the respect for all cultures, religions, and languages in South Africa. A citizen from a cultural, religious, or linguistic community may lodge a complaint if their rights are threatened or they are denied the right to enjoy and practice their culture, religion or use of their language.

---

Equality Courts in South Africa8

By Makinta Kgomotso

Equal access to courts is recognized as a fundamental human right in a plethora of human rights treaties. This right is critical because it facilitates access to and protection of other rights. However, for those living in poverty, particularly those with little formal education, the right of access to the courts is often illusory.

South Africa has addressed this problem by creating special courts, Equality Courts, designed to be accessible to all South Africans. These courts hear only cases relating to unfair discrimination, harassment, and hate speech. The court was created Courts under the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000 (PEPUDA).

Senior State Law Adviser from the Department of Justice and Constitutional Development, Mr Graphney Seleka explained that Equality Courts identified several major barriers to litigation that could be addressed through an alternative court system. “Those barriers were costs, informational deficits related to navigating the legal system, the intimidating nature of the courts, and the long time needed for litigation,” he said.

Equality Courts are meant to be very inexpensive for litigants to use. Lawyers are not needed in Equality Courts, although their use is not banned. Also, unlike many South African courts, no fees are required to place a case before an Equality Court. These Courts are located in Magistrate Court buildings throughout the country to reduce travel costs for people living outside of major cities.

The Equality Court system also took steps to ensure that even uneducated complainants would be able to access information necessary to navigate the courts without attorneys. He explained that advice needed by litigants would be provided by an Equality clerk, whose job responsibilities included guiding complainants through the process of filing a complaint. Additionally, both the Equality clerk and the presiding officer would provide guidance on how to develop the case, and on the type of evidence to be presented.

---

Justice In Pictures

By Susan Mphuthi