Kubayi
By Mpho Moloi
South Africa to expand sexual offences courts and boost GBVF fight in 2025/26 justice budget vote, with Minister Mmamoloko Kubayi announcing 16 new courts and two additional Thuthuzela Care Centres to tackle rising sexual violence, alongside progress on TRC reparations and intensified anti-corruption measures through enhanced recoveries and legislative reviews.
In a comprehensive address aimed at strengthening the nation’s justice system, Minister of Justice and Constitutional Development Mmamoloko Kubayi outlined key priorities during the department’s 2025/26 Budget Vote in the National Assembly on Wednesday, 9 July 2025. The focus includes ramping up efforts against gender-based violence and femicide (GBVF), advancing healing from apartheid’s wounds through Truth and Reconciliation Commission (TRC) recommendations, and cracking down on corruption with record recoveries. Kubayi stressed a victim-centred approach to ensure survivors get the support they need, saying, “We have a duty to do all that we can to protect the victims of gender-based violence, especially women and children. In this connection, the department has adopted a victim biased and victim centric approach which puts the victim first to avoid case bungling which gets perpetrators off the hook and secondary victimisation.”
Expanding Sexual Offences Courts and GBVF Initiatives
The Minister highlighted the devastating toll of GBVF, which continues to harm individuals and communities across South Africa. To address this, the government plans to grow the network of specialised sexual offences courts, especially in rural areas where access to justice is often limited. “Going forward, we will increase the national footprint of sexual offences courts, particularly in rural communities with additional 16 sexual offences courts to be established in line with the recent amendments to the law and two additional TCCs (Thuthuzela Care Centers). The Sexual Offences Courts shall assist to deal with the alarming figures of sexual violence in the country and offer support services that are tailor-made for the survivors of sex crime,” Kubayi explained.
These courts, first introduced in 1993 and upgraded since 2013, provide a safe space for victims with features like separate waiting areas, intermediary services for children, and expert testimony on trauma. By March 2025, South Africa had 100 operational sexual offences courts, handling over 80% of reported cases with conviction rates above 70% in many districts. The expansion aligns with the National Strategic Plan on GBVF (2020-2030), which aims for a 50% reduction in violence by 2030 through better prosecution and survivor support.
In the 2024/25 period, the National Prosecuting Authority (NPA) secured 3 697 convictions for sexual offences, with over 79% resulting in direct imprisonment. Additionally, 44 147 victims received help at the 66 Thuthuzela Care Centres (TCCs) nationwide. These one-stop facilities offer medical exams, counselling, and legal aid under one roof, reducing secondary trauma. The two new TCCs will bring the total to 68, focusing on underserved rural spots like Limpopo and North West provinces.
Collaboration with the South African Police Service (SAPS) has processed 60 518 DNA samples via the DNA project, helping track repeat offenders and serial rapists. “In collaboration with [the] SAPS [South African Police Service], the DNA project has processed 60 518 DNA samples to track and deal with repeat sexual offenders and serial rapists,” Kubayi noted. This builds on the Forensic DNA Act of 2013, which mandates DNA collection from convicts, boosting solve rates for cold cases.
To prevent reoffending, all convicted sex offenders will be added to the National Register for Sexual Offenders (NRSO), with a review of laws to allow public access. Currently, the NRSO lists over 100 000 names but is restricted to employers in child-related fields. Proposed changes could expand disclosure, similar to Megan’s Law in the US, to protect communities while balancing privacy rights.
Protection orders under the Domestic Violence Act will now be served within 24 hours, speeding up enforcement to shield victims faster. This addresses delays that often leave women vulnerable, with over 150 000 orders issued yearly but enforcement gaps leading to tragedies.
Progress on TRC Matters and Reparations
Turning to historical injustices, Kubayi stressed the need for unity to heal apartheid’s divisions. The TRC, established in 1995, recommended reparations in 2003, including a once-off R30 000 grant, medical benefits, symbols like monuments, and community rehabilitation. To date, interim reparations total nearly R53 million, with final grants at just under R500 million.
Education support has reached 11 934 learners with R137 million and 1 922 students with R132 million. The Gallows Exhumation project has recovered 180 remains, handing over 76 to families, with two more planned for completion this year. This effort, started in 2016, identifies and reburies political prisoners executed between 1960 and 1990, providing closure to families.
On prosecutions, 158 investigations are ongoing, with seven reopened inquests, 10 formal inquests, six finalised, four pending, and two convictions. Challenges include lost evidence and witness deaths, but recent breakthroughs like the 2023 conviction in the Cradock Four case show progress.
President Cyril Ramaphosa established a Judicial Commission of Inquiry, chaired by retired Justice Sisi Khampepe, to probe delays in TRC cases. “President Cyril Ramaphosa has established A Judicial Commission of Inquiry into allegations regarding efforts or attempts were made to stop the investigation or prosecution of the Truth and Reconciliation Commission cases to be chaired by retired Constitutional Court Judge Sisi Khampepe,” Kubayi said. This follows a settlement with victims’ families, who sued over stalled justice, and aims to uncover political interference from 2003 to 2017.
Intensified Efforts Against Fraud and Corruption
Kubayi outlined a multi-stakeholder approach to combat organised crime, partnering with SAPS, the Directorate for Priority Crime Investigation (DPCI), and SARS. The Asset Forfeiture Unit (AFU) recovered over R3.9 billion in illicit gains via the Corporate Alternative Dispute Resolution mechanism, preventing profiteering from corruption.
The Special Investigating Unit (SIU) achieved R833 million in cash recoveries, R1.3 billion in assets, set aside R5.6 billion in irregular contracts, and prevented R2.7 billion in losses in 2024/25. “The establishment of the Special Tribunal has allowed for expedited resolutions and substantial recovery for the state, showcasing the Unit’s effectiveness. The SIU will also enhance its anti-corruption through among others establishing a dedicated Lifestyle Audit Unit as a permanent capability to enhance its mandate in detecting unexplained wealth and preventing corrupt practices. This initiative includes the acquisition of an advanced lifestyle audit analytics tool that will increase efficiency and enable high-quality, evidence-based reporting. The Unit will ensure protection of whistle-blowers and SIU personnel integral to upholding the integrity of anti-corruption efforts,” Kubayi stated.
The SIU’s 2025/26 Annual Performance Plan targets R6.6 billion in recoveries and investigations into 1,200 proclamations, focusing on state capture follow-ups like Eskom and Transnet probes. Lifestyle audits, mandated by the 2022 Public Administration Act amendments, will scan public servants’ assets against income, with over 10,000 audits planned for senior officials.
The department’s R36.9 billion budget (down from R37.2 billion) prioritises modernisation, with R1.2 billion for digital systems to speed up case management and reduce backlogs. This includes e-filing for courts and AI tools for fraud detection.
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