The Department of Justice and Constitutional Development (DOJ & CD) plays a vital role in South Africa’s legal and judicial framework, ensuring an independent, effective, and accessible justice system. It provides administrative and financial support to courts and the judiciary, which operate independently of the executive. Additionally, the department oversees the National Prosecuting Authority (NPA), offering legal advice and representation to government institutions while also leading law reform initiatives. Through these functions, the department works to uphold justice, promote constitutional governance, and ensure the rule of law across the country (Wikipedia Contributors, 2024).
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Ministry of Justice and Constitutional Development
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Mmamoloko "Nkhensani" Kubayi is the Minister of Justice and Constitutional Development and a Member of Parliament in South Africa. She currently serves as the Co-Chairperson of the Justice Crime Prevention and Security Cluster (JCPS) in Cabinet and is a National Executive Committee (NEC) and National Working Committee (NWC) member of the African National Congress (ANC). Before her current role, Kubayi held ministerial positions in Tourism, Science and Technology, Communications, Energy, and Human Settlements, and also acted as Minister of Health during the Covid-19 pandemic.
Kubayi began her career as a Community Developer in the non-governmental sector, later transitioning to the financial sector, where she worked at First National Bank as a Skills Development Specialist and Nedbank in Business Banking. She later joined the public sector as a Skills Development Facilitator at the National Health Laboratory Services, before becoming a director in the Office of then-Deputy President Phumzile Mlambo-Ngcuka and a Parliamentary Advisor to Deputy President Kgalema Motlanthe. Her leadership extended to chairing the Transport Portfolio Committee at the City of Johannesburg Council, before entering Parliament in 2009, where she held roles such as Acting Deputy Chief Whip of the ANC and Chairperson of the Portfolio Committee on Telecommunications and Postal Services.
Academically, Kubayi holds a Bachelor of Arts Degree from the University of Johannesburg, a Postgraduate Diploma in Project Management from Damelin College, and a Master’s in Public and Development Management from the University of the Witwatersrand. She also completed a Programme for Leadership Development at Harvard Business School and is currently pursuing a PhD in State-Owned Enterprises and Corporate Governance at the University of Johannesburg.
Internationally, Kubayi served a full term in 2019 on the Global Artificial Intelligence Council under the World Economic Forum's Centre for the Fourth Industrial Revolution, providing strategic guidance on AI policy and governance. In 2020, she joined the Global Future Council on Sustainable Tourism, working alongside global leaders to advance innovative, inclusive, and resilient tourism development (Justice, 2019).
Andries Nel was born in New Orleans, Louisiana, where his father served as South African consul. His passion for politics, human rights, and justice emerged during his high school years in São Paulo, Brazil, shaping his future career. Upon returning to South Africa, he pursued a law degree at the University of Pretoria and became actively involved in the anti-apartheid movement, contributing to organizations such as the National Union of South African Students, Students for Human Rights, and the End Conscription Campaign.
As a lawyer, Nel worked with Lawyers for Human Rights (1990–1994), leading its Capital Punishment and Penal Reform Project. His dedication to justice led him into politics, where he played a key role in the ANC’s Constitutional Assembly Committee, the Legal and Monitoring Team, and the National Elections Team. In 1994, he was elected as an ANC Member of Parliament.
Over the years, Nel held several influential positions, including Whip of the Justice Portfolio Committee, House Whip (2000–2002), Deputy Chief Whip (2002), Acting Chief Whip (2006), and Chairperson of the National Assembly (2008–2009). He also contributed to multiple parliamentary committees, such as Rules, Programme, and Parliamentary Oversight. His tenure in the Executive included serving as Deputy Minister of Justice and Constitutional Development (2009–2013) and Deputy Minister of Cooperative Governance and Traditional Affairs (2013–2019).
Between 2019 and 2024, Nel worked at Luthuli House, coordinating the ANC’s National Executive Committee and National Working Committee. Following the May 2024 general election, he was reappointed as Deputy Minister of Justice and Constitutional Development (Justice, 2019).
sourced from justice.gov.za
Minister:
Ms Mmamoloko Tryphosa Kubayi (Minister of Justice and Constitutional Development) (ANC)
Deputy Minister:
Mr Andries Carl Nel (Deputy Minister of Justice and Constitutional Development) (ANC)
Director General:
Adv Doctor Mashabane
Chief of Staff:
Mr Kgopelo Phasha
Chief Financial Officer:
Ms Rofhiwa Irene Singo
Deputy Directors General:
Mr Jabu Hugh Hlatshwayo (Information and Communication Technology)
Ms Susan Masapu (Chief State Law Adviser)
Adv Kanyane Mathibe (Acting Chief Master of the High Court and Family Law Services)
Mr Lucky Charles Mohalaba (Court Administration)
Ms Mohube Phahlane (Acting: Solicitor General)
Ms Kalay Pillay (Legislative Development and Legal Services)
Adv Shireen Said (Constitutional Development)
Mr Thabiso Thiti (Acting: Corporate Services)
Senior Management:
Mr Max Budeli (Chief Audit Executive)
Mr Sello Chiloane (Head: Policy Coordination - Office of the DG)
Mr Justice Hlungwani (Director: Administration Support - Office of the DG)
Mr Chris Mfunzana (Head of Office)
Adv Richard Ramashia (Special Advisor to the Minister)
Mr Blendynn Williams (Director: Legal Services)
Communications Officers:
Mr Tsekiso Machike (Ministerial Spokesperson)
Mr Stephans Mahlangu (Media Enquiries)
Ms Kgalalelo Masibi (Chief Director: Communication Management)
Secretaries:
Ms Makoma Juliet Mamabolo (PA: Minister)
Mr Raymond Manzini (Executive Asssitant: Office of the DG
(nationalgovernment.co.za, n.d.)
The Department of Justice and Constitutional Development Strategic Plan 2025–2030 focuses on modernizing the justice system, improving access to legal services, and strengthening governance to ensure efficiency, transparency, and accountability. Aligned with the National Development Plan (NDP) 2030, the plan prioritizes judicial modernization through digital case management systems, court efficiency enhancements, and backlog reduction efforts. Legal accessibility remains a key focus, with strengthened legal aid services to support vulnerable communities. Legislative reforms aim to update laws to align with constitutional principles and evolving societal needs, while crime prevention measures include bolstering anti-corruption initiatives and enhancing the National Prosecuting Authority (NPA) to improve criminal justice coordination. Additionally, the plan underscores the protection of human rights by promoting victim protection mechanisms and restorative justice programs. To further optimize the justice system, the department leverages technology-driven solutions such as AI-powered legal research, digital filings, and automated case management, making legal services more accessible and efficient. Through these initiatives, the department seeks to foster a just, equitable, and well-functioning legal system that upholds constitutional values and serves the needs of all South Africans.
African Charter on Human And Peoples Rights
The Constitution of the Republic of South Africa, 1996
In South Africa, the Constitution of 1996 is regarded as one of the most progressive and comprehensive in the world, emphasizing democracy, human dignity, equality, and freedom. It establishes the separation of powers among the executive, legislature, and judiciary, ensuring checks and balances within governance. Additionally, it contains the Bill of Rights, which guarantees fundamental freedoms such as freedom of expression, equality before the law, and protection from discrimination.