The Office of the Chief Justice (OCJ) is set to be restructured outside the public service, with the chief justice assuming full executive authority over the institution.
The announcement was made during the 2025/26 budget vote debate for the department of justice and constitutional development.
Addressing the plenary, minister of justice and constitutional development Mmamoloko Kubayi said: “Structural reforms to establish the judiciary as a fully independent arm of the state are under way. The chief justice will assume executive authority over the Office of the Chief Justice (OCJ), which will be restructured outside the public service to allow for tailored HR [human resources] and financial systems.”
Deputy minister John Jeffery confirmed the department’s commitment to the reform. “Strengthening the institutional independence of the judiciary must proceed hand in hand with the establishment of a single judiciary,” he said. He added that the department would “expedite the development and introduction of the Lower Courts and Magistrates bills in consultation with the judiciary, led by chief justice Mandisa Maya.”
The OCJ was established in 2010 as a national department to provide administrative and logistical support to the chief justice and the superior courts. It operates under the Public Service Act and the Public Finance Management Act, with the justice minister as its executive authority. This means that, though the OCJ supports the judiciary, it is still subject to executive oversight in terms of budgeting, staffing and procurement.
The proposed restructuring will remove the OCJ from this framework, enabling it to operate with institutional autonomy. The chief justice will become the accounting authority, with direct control over HR, financial management and governance systems. This shift is intended to align the OCJ with section 165(4) of the constitution, which requires all organs of state to assist and protect the courts to ensure their independence, impartiality, dignity, accessibility and effectiveness.
Vote 25 allocated R25.16bn to the department for the 2025/26 financial year. The budget supports the department’s constitutional mandate to uphold the rule of law, ensure access to justice and promote institutional reform. A total of R2.7bn was allocated to the OCJ.
This includes funding for superior court services, judicial education and support, and the administration of the judiciary. The department has also committed to introducing new oversight mechanisms to ensure transparency in judicial administration.
The restructuring of the OCJ forms part of broader institutional reforms under the current government’s priority to build a capable, ethical and developmental state. These include the review of colonial and apartheid-era legislation, the transformation of the legal profession, and the implementation of the Truth and Reconciliation Commission’s (TRC) recommendations.
On May 29 2025, President Cyril Ramaphosa signed a proclamation establishing a judicial commission of inquiry into delays in the investigation and prosecution of apartheid-era crimes identified by the TRC. The commission, chaired by retired Constitutional Court justice Sisi Khampepe, is mandated to determine whether attempts were made to obstruct justice in these cases and to recommend further action.
The department’s budget also includes R6.08bn for the National Prosecuting Authority (NPA), R1.81bn for state legal services and R7.48bn for lower court services. The department has indicated that it will implement strict cost-containment measures to mitigate the impact of a R5bn reduction in baseline allocations over the medium term.
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