Justice Minister Kubayi finds major problems during inspection at Gauteng courts

On Friday, Justice Minister Mmamoloko Kubayi, Deputy Justice Minister Andries Nel and senior officials from the Department of Justice and Constitutional Development conducted site visits to the Johannesburg Master’s Court, Kempton Park Magistrates’ Court and Tembisa Magistrates’ Court.

The visit was in line with government efforts to enhance access to justice, improve service delivery and strengthen the administration of justice. Kubayi’s visit came nearly two months after her appointment as justice minister on 3 December 2024, following her tenure as minister of human settlements.

Daily Maverick accompanied the ministerial delegation. While court infrastructure appeared structurally sound, underlying challenges significantly affected operations. Challenges included resource shortages, officials’ safety concerns, outdated systems, staff shortages, interpreter shortages, network failures and accessibility issues such as a lack of elevators. Many citizens reportedly sometimes leave without receiving assistance.

Tembisa Magistrates’ Court: staffing and infrastructure struggles

Despite being one of the region’s largest courts and handling complex cases, the Tembisa Magistrates’ Court faces a shortage of commissioners. Kubayi revealed that white commissioners often refuse to be stationed at the court because of safety concerns, while there are insufficient black commissioners to preside over small claims matters.

Interpreter shortages exacerbate the situation. The court has only six interpreters, with more than half on temporary contracts lasting six to 10 years without job security.

“At some point, we have to sacrifice our lunch breaks just to provide interpretation services. For example, there is only one Tshivenda interpreter, and if demand is high, cases may be postponed. There is no guarantee of work tomorrow — they can call and say ‘don’t come’. And no work means no pay,” said one interpreter.

Minister Kubayi listens to Tembisa Magistrates' Court interpreters sharing their concerns. (Photo: @DOJCD_ZA / X)

The administrative and cleaning staff echoed similar concerns, highlighting the instability of contract-based employment. Some workers have been employed at the court for more than 14 years but still only get short-term contracts of two to three months.

The Domestic Violence Unit at Tembisa Magistrates’ Court is particularly overwhelmed. Staff, mostly interns on short-term contracts, manage a caseload of at least 50 new domestic violence cases daily. With just one laptop and one desktop computer, manual data entry slows down case processing, leading to lost files and case withdrawals. In 2024 alone, the unit recorded more than 6,000 domestic violence cases and 5,000 harassment-related matters.

“In all of this, we have to regularly update case files, proofread submissions, process returns of service and capture new cases. We simply don’t have enough staff or laptops. We need more data capturers and laptops for efficiency because the desktop processing systems are quite slow and so is the network sometimes. Manual capturing is daunting and we never finish, so there is a lot of backlog,” said a worker.

The court services four police stations — Ivory Park, Olifantsfontein, Tembisa South and Tembisa. Staff reported that Tembisa South police station frequently bypasses protocol, sending victims directly to the court rather than first opening criminal dockets. This misstep can put victims in further danger.

“The police send victims here instead of opening cases. Some victims end up back in the same abusive situations and in some cases, they don’t survive,” said regional head Tsietsi Malema.

Kempton Park Magistrates’ Court: resource shortages 

At the Kempton Park Magistrates’ Court, congestion was noticeably lower than at other courts. However, staff voiced concerns about resource shortages, urging officials to relay their grievances to the minister.

The court processes a significant number of cases involving foreign nationals. Tsakani Mabasa, a court intermediary, highlighted the need for more resources in her department, which assists vulnerable witnesses, including children and people with mental disabilities.

“If I am not at work, my office is non-operational. The workload is overwhelming,” Mabasa told Kubayi.

The minister’s visit concluded with a closed-door session at the court, where media access was restricted.

Minister Kubayi engages with Tsakani Mabasa at the Kempton Park Magistrates' Court. (Photo: @DOJCD_ZA / X)

Johannesburg Master’s Court: power outages and long queues

At the Johannesburg Master’s Court, power outages severely hampered operations. Long queues stretched from the entrance, with frustrated clients stating that these outages were frequent.

Kubayi and Nel engage with clients at the Johannesburg Master’s Office. (Photo: @DOJCD_ZA / X)

Kubayi experienced firsthand the difficulty of navigating the court without electricity, climbing eight flights of stairs as the building’s elevators were non-functional. With no backup power, court operations were significantly affected.

Officials reported that power cuts also disrupted water supply, slowed down an already sluggish system, and worsened poor internet connectivity.

“There is no electricity and … I walked up to the eighth floor in the dark. I am reaching out to the minister of public works to assist with backup generators. This office serves the most vulnerable, handling wills, letters of authority and other essential services,” noted Kubayi.

The minister apologised to the clients who had come to the Master’s Court and could not be assisted due to the power outage.

Minister’s response: finding solutions

Kubayi acknowledged the widespread challenges, stating: “There are many problems and limited funds, but we will see what we can do. There are mechanisms that can be implemented.”

She emphasised the department’s transition to digital systems to enhance efficiency and improve service delivery at the Master’s Court within the next year.

“These courts serve the most vulnerable in our communities. Ensuring their efficiency, effectiveness, and proper functioning is critical. My focus is on getting the basics right and working with officials to implement solutions,” she said.  DM