Minister Mmamoloko Kubayi acknowledges there’s a shortage of courts in SA
Justice and Constitutional Development Minister Mmamoloko Kubayi has admitted that South Africa is facing a shortage of courts, which is affecting the efficiency and accessibility of justice across the country.
Kubayi made these remarks during the launch of Human Rights Month in Soweto on Friday, where she highlighted the urgent need to expand the country’s judicial infrastructure.
No New Courts Built in the Last Five Years
One of the key issues Kubayi pointed out is that no new courts have been built over the last five years, a situation she described as problematic.
“The last five years, we’ve not built a single court. That is a problem for me,” she said.
Kubayi emphasized that the lack of new court buildings is worsening case backlogs and forcing citizens to travel long distances just to access legal services.
“We’ve got to be able to build more courts because that’s why you have a backlog, that’s why you have people traveling long distances to go to courts. We must have our services accessible,” she added.
Impact on the Justice System
The shortage of courts has resulted in severe delays in the administration of justice.
Some of the major consequences include:
Case Backlogs – The shortage of courtrooms has contributed to delays in hearings and trials, leading to frustration for victims, accused persons, and legal professionals.
Limited Access to Justice – Many South Africans, particularly those in rural areas, have to travel long distances to attend court proceedings. This can be costly and time-consuming, making it difficult for poor and vulnerable individuals to seek legal assistance.
Overcrowded Dockets – Judges and magistrates are dealing with overloaded case schedules, which often results in delayed rulings and prolonged trials.
Strain on Existing Facilities – Courts that are still operating are often overcrowded, forcing cases to be postponed or rushed through without thorough deliberation.
Why Haven’t More Courts Been Built?
There are several reasons why the government has not built new courts in recent years:
Budget Constraints – The Justice Department has faced budget cuts and competing priorities, making it difficult to allocate funds for new infrastructure.
Slow Bureaucratic Processes – Government projects often experience delays due to red tape, lengthy planning phases, and procurement challenges.
Focus on Other Reforms – While there has been an emphasis on modernizing the justice system through digitalization and alternative dispute resolution mechanisms, physical infrastructure has been neglected.
Calls for Urgent Action
Following Kubayi’s statement, legal experts, community leaders, and civil society organizations are urging the government to prioritize the construction of new courts.
A spokesperson for a legal advocacy group said,
“Justice delayed is justice denied. The government must ensure that more courts are built, especially in underprivileged areas where access to justice is already limited.”
Some have also suggested that the government explore alternative solutions, such as:
✔ Mobile Courts – Setting up temporary courtrooms in underserved areas.
✔ Expanding Court Hours – Allowing courts to operate longer hours to address backlogs.
✔ Investing in Online Dispute Resolution – Encouraging the use of technology to handle certain legal matters remotely.
The Road Ahead
While Minister Kubayi has acknowledged the problem, it remains to be seen whether the government will take concrete steps to address the court shortage.
As Human Rights Month unfolds, many South Africans will be looking to the Justice Department for actionable solutions to make justice more accessible for all.
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