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Individual Reform: Judicial reform 2026 - 2027

Judicial full independence/judicial autonomy

No data available for the deliverable: Judicial full independence/judicial autonomy

No data available for the deliverable: Judicial full independence/judicial autonomy

No data available for the deliverable: Judicial full independence/judicial autonomy

No data available for the deliverable: Judicial full independence/judicial autonomy

No data available for the deliverable: Judicial full independence/judicial autonomy

Summary

Steps are under way to place the judiciary on the path to its full institutional independence. The Judiciary lacks institutional independence as it is still controlled by the Department of Justice and other executive agencies. A task team from the justice department has been given a deadline end of August 2025 to present a progress report to Cabinet on the judiciary’s institutional independence, which will include structural changes: i) the Chief Justice will become the executive authority of the Office of the Chief Justice, while the secretary-general will be the judiciary’s accounting authority; lower courts (Magistrates Commission) will be transferred to the Office of the Chief Justice from the Department of Justice and Constitutional Development, consolidating the judiciary under a single cohesive structure; iii) the Office of the Chief Justice is to be re-established outside the public service, appointing its own staff..

Canvas not supported.

Is it working?

Work in progress.

Actions

A multi-departmental task team has been formed. It will clarify the roadmap for this transformation and is also tasked to deliver a progress report to Cabinet by August 2025. Thereafter, it will oversee the phased rollout of the independence framework.

Are there plans?

Justice Minister Mmamoloko Kubayi, during her 2025 budget vote, outlined plans under way to place the judiciary on the path to its full institutional independence. These include: • Task team to start the work: A task team of senior officials has been formed from the Department of Justice and Constitutional Development, the Presidency, Office of the Chief Justice (OCJ), National Treasury, Department of Public Service and Administration and Department of Public Works and Infrastructure. This team has been given a deadline end of August 2025 to present a progress report to Cabinet on the judiciary’s institutional independence. • Judiciary's governance structural changes: The Chief Justice will become the executive authority of the Office of the Chief Justice, while the secretary-general will be the judiciary’s accounting authority. • Towards establishing a single judiciary: Lower courts (Magistrates Commission) will be transferred to the Office of the Chief Justice from the Department of Justice and Constitutional Development , consolidating the judiciary under a single cohesive structure. • Office of the Chief Justice to be re-established outside the public service; this means the OCJ will appoint its own staff.

Is it on the agenda?

Chief Justice Raymond Zondo recommended an independent judiciary. During the 30th anniversary of the establishment of the Constitutional Court, President Ramaphosa announced that the judiciary will be an independent institution and the Department of Justice and Constitutional Development announced it during the 2025 budget vote.

Goals

Full institutional independence of the Judiciary.

Departments / Govt Institutions

Department of Justice and Constitutional Development

Summary

Steps are under way to place the judiciary on the path to its full institutional independence. The Judiciary lacks institutional independence as it is still controlled by the Department of Justice and other executive agencies. A task team from the justice department was given a deadline end of August 2025 to present a progress report to Cabinet on the judiciary’s institutional independence. Structural changes include: i) the Chief Justice will become the executive authority of the Office of the Chief Justice, while the secretary-general will be the judiciary’s accounting authority; lower courts (Magistrates Commission) will be transferred to the Office of the Chief Justice from the Department of Justice and Constitutional Development, consolidating the judiciary under a single cohesive structure; iii) the Office of the Chief Justice is to be re-established outside the public service, appointing its own staff.

Canvas not supported.

Is it working?

Work in progress.

Actions

A multi-departmental task team has been formed. It will clarify the roadmap for this transformation and oversee the phased rollout of the independence framework.

Are there plans?

Justice Minister Mmamoloko Kubayi, during her 2025 budget vote, outlined plans under way to place the judiciary on the path to its full institutional independence. These include: • Task team to start the work: A task team of senior officials has been formed from the Department of Justice and Constitutional Development, the Presidency, Office of the Chief Justice (OCJ), National Treasury, Department of Public Service and Administration and Department of Public Works and Infrastructure. This team was given a deadline end of August 2025 to present a progress report to Cabinet on the judiciary’s institutional independence. • Judiciary's governance structural changes: The Chief Justice will become the executive authority of the Office of the Chief Justice, while the secretary-general will be the judiciary’s accounting authority. • Towards establishing a single judiciary: Lower courts (Magistrates Commission) will be transferred to the Office of the Chief Justice from the Department of Justice and Constitutional Development , consolidating the judiciary under a single cohesive structure. • Office of the Chief Justice to be re-established outside the public service; this means the OCJ will appoint its own staff.

Is it on the agenda?

Chief Justice Raymond Zondo recommended an independent judiciary. During the 30th anniversary of the establishment of the Constitutional Court, President Ramaphosa announced that the judiciary will be an independent institution and the Department of Justice and Constitutional Development announced it during the 2025 budget vote.

Goals

Full institutional independence of the Judiciary.

Departments / Govt Institutions

Department of Justice and Constitutional Development

Summary

Steps are under way to place the judiciary on the path to its full institutional independence. The judiciary lacks institutional independence as it is still controlled by the Department of Justice and other executive agencies. A task team from the justice department was given a deadline of end-August 2025 to present a progress report to Cabinet on the judiciary’s institutional independence. Structural changes include: i) the Chief Justice will become the executive authority of the Office of the Chief Justice, while the secretary-general will be the judiciary’s accounting authority; ii) lower courts (Magistrates Commission) will be transferred to the Office of the Chief Justice from the Department of Justice and Constitutional Development, consolidating the judiciary under a single cohesive structure; iii) the Office of the Chief Justice is to be re-established outside the public service, appointing its own staff.

Canvas not supported.

Is it working?

In progress.

Actions

A multi-departmental task team has been formed. It will clarify the roadmap for this transformation and oversee the phased rollout of the independence framework.

Are there plans?

Justice Minister Mmamoloko Kubayi, during her 2025 budget vote, outlined plans under way to place the judiciary on the path to its full institutional independence. These include: • Task team to start the work: A task team of senior officials has been formed from the Department of Justice and Constitutional Development, the Presidency, Office of the Chief Justice (OCJ), National Treasury, Department of Public Service and Administration and Department of Public Works and Infrastructure. This team was given a deadline end of August 2025 to present a progress report to Cabinet on the judiciary’s institutional independence. • Judiciary's governance structural changes: The Chief Justice will become the executive authority of the Office of the Chief Justice, while the secretary-general will be the judiciary’s accounting authority. • Towards establishing a single judiciary: Lower courts (Magistrates Commission) will be transferred to the Office of the Chief Justice from the Department of Justice and Constitutional Development, consolidating the judiciary under a single cohesive structure. • Office of the Chief Justice to be re-established outside the public service; this means the OCJ will appoint its own staff.
rn
rnIn September 2025, the justice minister reported that the transfer of functions from the DoJ to OCJ will be done in phases:
rnPhase 1, expected on 1 April 2026, will involve the immediate transfer of shared services relating to the Superior Courts from the department to the OCJ. Phase 2 will involve drafting a bill with the vision of creating a single judiciary.

Is it on the agenda?

Chief Justice Raymond Zondo recommended an independent judiciary. During the 30th anniversary of the establishment of the Constitutional Court, President Ramaphosa announced that the judiciary will be an independent institution and the Department of Justice and Constitutional Development announced it during the 2025 budget vote.

Goals

Full institutional independence of the Judiciary.

Departments / Govt Institutions

Department of Justice and Constitutional Development

Summary

Steps are under way to place the judiciary on the path to its full institutional independence. The judiciary lacks institutional independence as it is still controlled by the Department of Justice and other executive agencies. A task team from the justice department was given a deadline of end-August 2025 to present a progress report to Cabinet on the judiciary’s institutional independence. Structural changes include: i) the Chief Justice will become the executive authority of the Office of the Chief Justice, while the secretary-general will be the judiciary’s accounting authority; ii) lower courts (Magistrates Commission) will be transferred to the Office of the Chief Justice from the Department of Justice and Constitutional Development, consolidating the judiciary under a single cohesive structure; iii) the Office of the Chief Justice is to be re-established outside the public service, appointing its own staff.

Canvas not supported.

Is it working?

In progress.

Actions

A multi-departmental task team has been formed. It will clarify the roadmap for this transformation and oversee the phased rollout of the independence framework.

Are there plans?

Justice Minister Mmamoloko Kubayi, during her 2025 budget vote, outlined plans under way to place the judiciary on the path to its full institutional independence. These include: • Task team to start the work: A task team of senior officials has been formed from the Department of Justice and Constitutional Development, the Presidency, Office of the Chief Justice (OCJ), National Treasury, Department of Public Service and Administration and Department of Public Works and Infrastructure. This team was given a deadline end of August 2025 to present a progress report to Cabinet on the judiciary’s institutional independence. • Judiciary's governance structural changes: The Chief Justice will become the executive authority of the Office of the Chief Justice, while the secretary-general will be the judiciary’s accounting authority. • Towards establishing a single judiciary: Lower courts (Magistrates Commission) will be transferred to the Office of the Chief Justice from the Department of Justice and Constitutional Development, consolidating the judiciary under a single cohesive structure. • Office of the Chief Justice to be re-established outside the public service; this means the OCJ will appoint its own staff. In September 2025, the justice minister reported that the transfer of functions from the DoJ to OCJ will be done in phases:rnPhase 1, expected on 1 April 2026, will involve the immediate transfer of shared services relating to the Superior Courts from the department to the OCJ. Phase 2 will involve drafting a bill with the vision of creating a single judiciary.

Is it on the agenda?

Chief Justice Raymond Zondo recommended an independent judiciary. During the 30th anniversary of the establishment of the Constitutional Court, President Ramaphosa announced that the judiciary will be an independent institution and the Department of Justice and Constitutional Development announced it during the 2025 budget vote.

Goals

Full institutional independence of the Judiciary.

Departments / Govt Institutions

Department of Justice and Constitutional Development

Analyst: Thabani Madlala
Status: in-progress
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