Speeches

Opening Statement by the Deputy Minister of Justice and Constitutional Development at a briefing on the Judicial Matters Amendment Bill [B8–2025] to Portfolio Committee on Justice and Constitutional Development on 5 August 2026

Chairperson,

Honourable Members,

Thank you for the opportunity to appear before the Committee to introduce the Judicial Matters Amendment Bill.

The Department's officials will shortly take the Committee through the detailed clauses of the Bill and respond to the submissions received during the parliamentary process.

I want to highlight the following matters.

Over the past three decades of our constitutional democracy has demonstrated remarkable resilience.

Our institutions have matured, our courts have developed a rich body of constitutional jurisprudence, and Parliament has continued to refine our legislative framework to ensure that it remains responsive to constitutional developments and practical experience.

That is precisely the purpose of the Judicial Matters Amendment Bill. Unlike legislation that introduces an entirely new policy framework, this Bill performs an equally important constitutional function. It ensures that our justice legislation remains current, coherent, constitutionally compliant and capable of supporting an effective justice system.

It demonstrates that the rule of law is not static. It requires continuous maintenance, careful refinement and responsible legislative stewardship.

Chairperson,

The Bill amends a number of statutes administered by the Department, addressing practical implementation challenges, responding to Constitutional Court judgments, removing legal uncertainty and improving the administration of justice across a range of areas. 

Although the amendments deal with different Acts, they are united by a common objective:

To build a justice system that is more effective, more accessible, more accountable and better able to serve the people of South Africa. The Bill therefore strengthens several important pillars of our constitutional democracy.

First, it strengthens judicial accountability.

The amendments to the Judicial Service Commission Act expand the capacity of the Judicial Conduct Committee by enabling additional judges to be appointed where necessary to address backlogs, deal with urgent complaints and ensure that disciplinary matters are finalised more expeditiously. 

Judicial independence and judicial accountability are not competing principles. They reinforce one another. An independent judiciary must also be a judiciary that is accountable through fair, credible and efficient constitutional mechanisms.

Secondly, the Bill strengthens openness and transparency.

The amendments to the Promotion of Access to Information Act improve access to information, simplify administrative arrangements and give effect to the Constitutional Court's judgment in Arena Holdings v SARS concerning access to tax records in circumstances where disclosure is demonstrably in the public interest. 

This reflects our constitutional commitment to accountable government and transparent public administration.

Thirdly, the Bill strengthens the fight against corruption.

It closes technical gaps in the Prevention and Combating of Corrupt Activities Act by ensuring that appropriate penalties apply to the offence of failing to prevent corruption within private entities and state-owned companies.

This gives further legislative effect to reforms arising from the recommendations of the State Capture Commission and reinforces South Africa's broader anti-corruption agenda. 

Fourthly, the Bill promotes a more humane and developmental child justice system.

The amendments ensure that children who are alleged to have committed cannabis-related offences are dealt with through the child justice framework rather than unnecessary arrest, thereby aligning our legislation with more appropriate child-centred interventions. 

Chairperson,

A particularly significant component of the Bill concerns the Legal Practice Act.

The proposed amendments seek to modernise aspects of the legal profession, remove unnecessary barriers and improve access to legal services.

Among other reforms, the Bill provides for the automatic right of appearance for legal practitioners in all courts, rationalises provisions relating to practical vocational training, expands opportunities for legal practice within public institutions and improves the functioning of Legal Aid South Africa and other public legal services. 

These amendments support transformation within the legal profession while promoting greater access to justice for ordinary South Africans.

They also reflect an important constitutional principle.

Our legal profession should be organised around competence, equality and service to the public, rather than historical distinctions that no longer serve the needs of a modern constitutional democracy.

Chairperson,

The Bill also modernises our legislative response to cybercrime.

As criminal activity increasingly migrates into the digital environment, our law enforcement framework must evolve accordingly.

The proposed amendments clarify investigative powers and improve the legal framework governing cybercrime investigations while preserving appropriate safeguards. 

Taken together, these amendments demonstrate that maintaining the rule of law requires continuous legislative adaptation to changing social, technological and constitutional realities.

Chairperson,

I also wish to emphasise the quality of the parliamentary process that has brought us to this point.

The Department has carefully considered the submissions received from stakeholders, including Judges Matter, the Information Regulator, the Legal Practice Council, the Law Society of South Africa, the Banking Association of South Africa, SARS and members of the public. Where persuasive proposals have strengthened the Bill, the Department has recommended amendments accordingly. 

This demonstrates Parliament's important role in improving legislation through constructive public participation.

Chairperson,

This Bill may not attract the same public attention as large-scale criminal justice reforms.

But legislation of this nature is essential to the effective functioning of constitutional government and it ensures that our justice legislation continues to evolve alongside our constitutional democracy.

Chairperson, with those introductory remarks, I now invite the Department's officials to brief the Committee on the detailed provisions of the Bill and the responses to the submissions received.

I thank you.