Speeches

Address by the Hon AC Nel, MP, Deputy Minister of Justice and Constitutional Development, at the Debate on Vote 25: Justice and Constitutional Development, in the National Assembly, Tuesday, 12 May 2026

Chairperson, Honourable Members, I join in the greetings extended by the Minister.
Our thoughts are with those who have been affected by the bad weather, including in my constituency, Mitchells Plain.
I ask that we all rise to recite the Preamble to the Constitution of the Republic of South Africa.

We, the people of South Africa,
Recognise the injustices of our past;
Honour those who suffered for justice and freedom in our land;
Respect those who have worked to build and develop our country; and
Believe that South Africa belongs to all who live in it, united in our diversity.
We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to:
- Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;
- Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;
- Improve the quality of life of all citizens and free the potential of each person; and
- Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.
May God protect our people.
Nkosi Sikelel' iAfrika. Morena boloka setjhaba sa heso.
God seën Suid-Afrika. God bless South Africa.
Mudzimu fhatutshedza Afurika. Hosi katekisa Afrika.

We call on everyone in our country to make this a standard practice, including in Parliament and in our constituencies.
We celebrate the 30th Anniversary of the adoption of the Constitution under the theme: “One Constitution; One Nation: Reflect, Renew, Recommit.”
The Constitution has guided us as we repealed unjust laws, created democratic institutions and expanded socio-economic rights.
It continues to guide us as we deal with poverty, inequality, unemployment, gender-based violence, crime and corruption.

The Constitution directs the work of the Department, and all entities covered in this Budget Vote, as we give practical effect to the values and goals contained in the Preamble.
We are committed to building an effective, integrated, modernised and corruption free justice system, and in particular criminal justice system.
We do this through policy, legislation, technology – in partnership with citizens and stakeholders.
The Protected Disclosures Bill aims to strengthen protection of whistleblowers and the fight against corruption, building on recommendations by the Zondo Commission and the National Anti-Corruption Advisory Council (NACAC).

The review of the outdated Criminal Procedure Act of 1977 will be completed before the end of this year.
The South African Law Reform Commission, under the leadership of Justice Chris Jafta, is working to ensure that the new act conforms to the values and principles of our Constitution and the needs of a rapidly changing society.

The Integrated Justice System is strengthening our criminal justice system by ensuring that our systems can share information seamlessly and instantaneously - from arrest to prosecution and from conviction to incarceration.

The Rules Board for Courts of Law continues to contribute to the efficient and uniform administration of justice – with 18 Rules recommended and approved in the past financial year.
The Board has developed rules for the Land Court to enhance access to justice by promoting the resolution of land claims and disputes.
It also developed rules for the Children's Court to improve accessibility and efficiency.

We congratulate the Chairperson of the Rules Board, Justice Nambitha Dambuza, on her appointment to the Constitutional Court.
The Constitution mandates us to build a society in which every citizen is equally protected by law. This means ensuring access to justice for all in South Africa.
Legal Aid South Africa, led by Deputy Judge President Nobolao Mbhele, plays a vital role in ensuring access to justice by providing the constitutionally guaranteed right of legal representation to indigent persons at State expense.

Legal Aid SA provided assistance in over 344 000 new criminal matters, in over 45 000 new civil matters, in over 900 new land matters, and more than 226 000 persons with general legal advice.

However, ongoing budget cuts risk denial of rights, increasing backlogs, and the destabilisation of our criminal justice system.
Small Claims Courts provide speedy, cost-effective access to justice.
The impact of Small Claims Courts is significant. Over 36 600 cases involving R257 million were registered in the past financial year.
The monetary jurisdiction of Small Claims Courts will be increased from R20 000 to between R30 000 and R50 000 in the very near future.

We commend all Commissioners and the National Steering Committee on Small Claims Courts, chaired by Prof Mohamed Paleker, for their untiring efforts.
The Constitution places dignity and protection of the most vulnerable at the centre of our work.
The National Task Team on Sexual Orientation, Gender Identity and Expression, and Sex Characteristics Matters continues to promote and protect human rights of LGBTQIA+ persons and to track and monitor hate crimes.

This year we celebrate 20 years of the Civil Union Act of 2006, through which South Africa became the first country in Africa to legally recognize same sex marriages.
We are strengthening the implementation of the Prevention and Combating of Trafficking in Persons Act through the National Intersectoral Committee.
The NPA has successfully prosecuted notable trafficking cases such as the Joslin Smith and Tenenga matters in which the accused were given life sentences.
The Law Reform Commission is also working on a draft Protection and Promotion of the Rights of Persons with Disabilities Bill that domesticates the United Nations Convention on the Rights of Persons with Disabilities.

However, to build a society based on democratic values, social justice and fundamental human rights, people need to know both their rights and how to enforce these rights.
We support to 85 community advice offices to provide paralegal services with R55 million from the Programme for Legal Empowerment and Access to Justice (PLEAJ).
Each of these offices assist an average of 1560 people every year.

We commend Deputy Chief Justice Dunstan Mlambo for his ongoing and passionate support for the paralegal sector.
The annual National Schools Moot Court Competition, in collaboration with the Department of Basic Education and the South African Human Rights Commission, remains one of our most impactful constitutional literacy programmes involving over 900 learners from approximately 180 secondary schools across the country.
The Chapter Nine Institutions support our constitutional democracy and the building of an open and democratic society based social justice and fundamental human rights.

We commend the Public Protector, Adv Kholeka Gcaleka and Deputy Public Protector Dinkie Dube, for achieving 100% of their performance targets in 2025/26.
Significantly, the remedial action implementation rate improved from 39% in the previous year to 53% in 2025/26.
The South African Human Rights Commission, led by Rev Chris Nissen, continues to follow an activist approach to the promotion and defence of human rights.
While the Constitution Court recently decided that the Commission does not have binding remedial powers, it emphasised that this, “… does not diminish the constitutional importance of the SAHRC or render its work ineffectual. The SAHRC is far from toothless.” and that “it remains a potent and indispensable guardian of human rights within our constitutional scheme.”
The Commission’s Annual Human Rights Report will be tabled in Cabinet.

The Information Regulator, led by Adv Pansy Tlakula, continues to do sterling work under difficult circumstances and with extremely limited resources.
The Regulator celebrates 10 years of existence this year.

The number POPIA complaints increased from 1044 in 2023/24 to 1355 in 2024/25 while PAIA complaints increased from 340 to 461 in the corresponding period.
We also wish to recognise the invaluable work done by a number of institutions that often do not get the recognition that they deserve, including the Office of the Chief State Law Advisor, led by Ms Susan Masapu, the Bridgette Mabandla Justice College, led by Ms Melissa Murray, and the Council for Debt Collectors, chaired by Mr Thokwe Mmakola.
The Preamble enjoins us to build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.

We reaffirm South Africa’s commitment to multilateralism, human rights, and the rule of law.

We stand in solidarity with oppressed people the world over, including the people of Palestine.

We welcome the increasing number of countries joining South Africa’s case of genocide against Israel before the International Court of Justice.

We reaffirm our commitment to the International Criminal Court and condemn attempts to intimidate or hinder the court and its officials through sanctions and threats.

I thank you.