Is it working?

Not yet in place.

Actions

The Criminal Procedure Act (1977) is being reviewed by the SA Law Reform Commission. Introducing the bill is an integral part of the department's plans to reform, integrate and modernise the criminal justice system. In August 2025, Justice and Constitutional Development Minister Mmamoloko Kubayi appointed additional Advisory Committee Members to the SA Law Reform Commission's review of the Criminal Justice System Investigation (Project 151), of which the Criminal Procedure Act (1977) review is a subset.While the bill has yet to be tabled, there has been some momentum. On 16 February 2026, the South African Law Reform Commission published five discussion documents, all with a deadline of 30 March for public comment:

1. Discussion Paper 173: Strengthening Governance and Accounting Mechanism in the Criminal Justice System

2. Discussion Paper 172: Employment of Lay Assessors

3. Discussion Paper 171: Ensuring the Continuity of Criminal Trials: Reforming The “De Novo” Rule and Court Record Management in South Africa

4. Discussion Paper 170: Protection of the Rights of Victims of Crime in Criminal Proceedings (Reflections on Previous Investigations Pertaining to Victims of Crime)

5. Discussion Paper 169: Mental and Intellectual Disability and the Criminal Justice Systemrn

Are there plans?

The plan is for this piece of legislation to be in effect at the latest by the end of the term of the seventh administration.

Is it on the agenda?

The bill is included in the Department of Justice and Constitutional Development's Strategic Plan 2025-30 and is part of the department's initiatives aimed at reforming, integrating and modernising the criminal justice system.

Goals

The bill aims to overhaul the Criminal Procedure Act (1977) which is seen as outdated, out of sync with modern technological development and not able to effectively protect victims in the criminal justice system. The bill aims to streamline legal processes and enhance investigative capabilities.

Departments / Govt Institutions

Department of Justice and Constitutional Development

Is it working?

Yet to be implemented.

Actions

Cabinet has approved the bill and Justice and Constitutional Minister Mmamoloko Kubayi tabled a general notice on 2 April that she intends to introduce it to parliament "shortly".

Are there plans?

The bill, to be tabled imminently, will go through the National Assembly and National Council of Provinces for approval before enactment by the president.

Is it on the agenda?

It has been drawn up and approved by cabinet.

Goals

The current Extradition Act (1962) is outdated, not in line with the Constitution and modern extradition practices and does not cater for all procedures which are currently followed internationally. The bill includes provisions for the seizure of property, which may be transferred to the state requesting extradition.

Departments / Govt Institutions

Department of Justice and Constitutional Development

Is it working?

With the Judicial Matters Amendment Act in force as of April 2024, businesses have to review the procedures they have in place to address corruption risk in their operations. However, the courts have not yet interpreted what exactly constitutes "adequate procedures" and there are no official/published guidelines or regulations clarifying practical steps organisations must take to avoid liability under section 34A. This lack of judicial interpretation and formal guidance creates uncertainty for businesses on how to comply effectively. The acid test is still to come whether in practice the law achieves the envisaged intent of holding organisations accountable if they fail to prevent corrupt practices from occurring.

Actions

The bill has been enacted into law and the act has resulted in useful technical progress in justice administration and legislative alignment.

Are there plans?

The courts have not yet interpreted what exactly constitutes "adequate procedures" and there are no official/published guidelines or regulations clarifying practical steps organisations must take to avoid liability under section 34A.

Is it on the agenda?

South Africa's Judicial Matters Amendment Act of 2023 has been in force since April 2024.

Goals

The overall aim is to strengthen the legal framework, specifically criminalising failure to report corruption, and mandating companies and SOEs to take adequate measures to prevent corruption, including bribery.

Departments / Govt Institutions

Department of Justice and Constitutional Development

Is it working?

Not yet in place, the bill is still under consideration by parliament.

Actions

On 10 July 2025, the Portfolio Committee on Justice and Constitutional Development concluded the public submissions process.

Are there plans?

With the public submission process completed, the bill needs to be approved in parliament and enacted.

Is it on the agenda?

The bill is already under parliamentary consideration.

Goals

A key aim of the bill includes increasing the composition of the Judicial Conduct Committee from four to eight judges, with gender representation requirements (at least four must be women). It empowers the chairperson to appoint up to three temporary judges to the committee for up to six months to handle complaints and reduce backlogs more effectively.

Departments / Govt Institutions

Department of Justice and Constitutional Development