Webinar: Judicial Independence and Governance Reform

Judicial Independence and Governance Reform: A Conversation with Minister Mmamoloko Kubayi

On 20 September 2025, Judges Matter hosted an important webinar titled “Judicial Independence and Governance Reform”, featuring Minister of Justice and Constitutional Development, Mmamoloko Kubayi, in conversation with Mbekezeli Benjamin and Alison Tilley from Judges Matter. The discussion explored President Cyril Ramaphosa’s commitment to judicial reform and unpacked the steps needed to secure the institutional independence and effective governance of South Africa’s judiciary.

The Road Ahead for Judicial Independence

In her opening remarks, Minister Kubayi outlined the government’s vision for the judiciary’s institutional independence. She reaffirmed the President’s undertaking to strengthen the judiciary as a co-equal arm of the state, capable of managing its own administration, budget, and human resources.

Transferring the Magistracy to the Office of the Chief Justice

A key focus of the conversation was the transfer of the magistracy from the Department of Justice and Constitutional Development (DOJCD) to the Office of the Chief Justice (OCJ).
Minister Kubayi and Alison Tilley discussed the complex process involved in this transition, including potential implications for financial resourcing, appointment structures, and day-to-day operations at magistrates’ courts.
The Minister noted that the government is mindful of ensuring that this move does not disrupt the functioning of the courts or compromise judicial independence. Questions were also raised about security, infrastructure, and maintenance at magistrates’ courts — issues that continue to affect the daily work of judicial officers and court users.

Addressing Disparities and Building Capacity

Mbekezeli Benjamin’s discussion with the Minister turned to the persistent disparities between magistrates and superior court judges in terms of salaries, benefits, and working conditions. The Minister acknowledged these differences and emphasised the need for a fair and sustainable model that recognises the critical role of all judicial officers.

Another key point was the lack of capacity across both the lower and superior courts. Minister Kubayi was asked about plans to increase the number of judicial officers and improve overall efficiency in the judicial system. She highlighted the need for careful coordination between the OCJ, DOJCD, and National Treasury to ensure that reforms are not only well designed but also adequately funded and practically implementable.

Towards a Stronger, Independent Judiciary

The webinar provided an open and constructive platform for dialogue between civil society and government on one of the most significant reform projects in South Africa’s democratic era.
As Judges Matter continues to monitor developments in judicial governance, appointments, and accountability, the organisation remains committed to promoting an independent, effective, and well-resourced judiciary that serves all South Africans.

Watch the Webinar: