By KEDIBONE MOLAETSI
17 June 2025 – The Portfolio Committee on Justice and Constitutional Development said it held a “fruitful and insightful” engagement on the Annual Performance Plan and Budget of the Department of Justice and Constitutional Development (DOJ&CD), including that of the National Prosecuting Authority (NPA) for 2025/26. The committee said the engagement was robust at times.
The Chairperson of the Committee, Xola Nqola said it was however fruitful, engaging and insightful. Nqola said this can only assist the department in doing better.
“The DOJ&CD informed that committee that the strategic focus for the seventh administration is a culmination and build-up of progress made on key priorities achieved in the previous administration.
“The department moved the needle in terms of its performance and was able to meet Medium-Term Strategic Framework targets. The committee heard that the department’s strategic focus for the next five years will be on contributing to the developmental state through an ethical and capable workforce,” he said.
Nqola further said this includes to ensure that it reforms the South African criminal justice system to become accessible, modern and with integrated IT. He added that the department should also support the state with quality legal advisory services, review and replace all identified justice-related colonial and Apartheid-era legislation and increase awareness of departmental services in various communities.
“Regarding the key risks facing the department, the committee heard that it currently has dysfunctional security equipment and infrastructure (walk-through metal detectors/X-ray machines), insufficient allocated funds and inadequate security contract management, which leads to delays in fulfilling contractual obligations by the supplier.
“All this leads to incidents of attacks on court officials, the judiciary, prosecutors, legal practitioners, witnesses and members of the public on the court’s premises. To mitigate these risks, the department has implemented security measures based on physical security appraisal/ assessment,” said Nqola.
He said this includes identified service points for the installation of electronic security measures to enhance overall safety and security. Nqola said to address the risk of fraud and corruption in the department, it has introduced, among other things, lifestyle reviews.
“The committee heard that the 2025/26 budget allocations are under significant pressure, with several competing priorities requiring urgent attention. The department is actively exploring various measures to manage these pressures effectively.
“Key cost drivers include the ongoing digitisation and modernisation agenda, which aims to improve service delivery and operational efficiency. This initiative requires substantial investment in both local area network (LAN) and wide area network (WAN) upgrades, the replacement and refreshing of ICT equipment, and the development of supporting infrastructure to digitise critical services,” he said.
Nqola said these include the records of the Master’s Offices, State Attorney and courts. He said in addition, the department must make provision for the capacitation and operationalisation of key statutory mandates.
“These include the establishment of the Sexual Offences Register and the implementation of the Traditional Courts Act, both of which have resource and infrastructure implications.
“To mitigate budget constraints towards the end of the 2024/25 financial year, the department reprioritized available funds. Savings and virements were applied across programmes to address shortfalls and ensure continuity of essential services,” said Nqola.
He said the department assured the committee that it remains committed to working within the available fiscal framework while pursuing efficiencies and reforms that strengthen justice service delivery. Nqola said the committee heard that since the department lost R2 billion in budget two financial years ago, it has not managed to recover financially.
“This directly affected the quality of personnel that the department could recruit and also meant that the department had to remove several posts from its structure. The committee will monitor all the targets set by the department to ensure it reaches its targets, as this will be an indicator of service delivery.
“The committee acknowledges the department’s challenges. The department must use its capacity to sort out the challenges our people are experiencing regarding the justice system in the country,” he said.
Nqola said the committee feels that the appointment of the Chief Master and that of the Solicitor-General should be fast tracked. He said it is their strong belief that these two institutions have serious problems and it’s important to stabilise those institutions.
“Appointing the heads of these institutions would bring back stability. I would like to reiterate the committee’s concerns regarding the use of the State Information Technology Agency and it is having a negative impact on the department’s work.
“We also note the commencement of Truth and Reconciliation Commission inquiries, like the Craddock 4 and the Griffiths Mxenge. We will follow these matters closely,” said Nqola.
The Guardian 