Justice Minister outlines three-phase plan to repeal pre-1994 justice laws

Justice and Constitutional Development Minister Mmamoloko Kubayi told Parliament that the process to remove outdated colonial and apartheid-era justice laws is advanced, and that Cabinet has approved a bill to take to Parliament.

Why the review began

Kubayi said the review follows a request by Deputy President and Leader of Government Business Paul Mashatile in September 2024, which asked ministers to review legislation in their departments and to prioritise the repeal or amendment of old and irrelevant laws.

Three phases for repeal

Kubayi described a three-phase approach used by her department to identify, consult on and ultimately repeal or re-enact pre-1994 justice Acts.

Phase one: immediate repeals

The first phase involved identifying Acts that amend the principal Justice Acts and which can be repealed without the need to consult interested parties. Kubayi said Cabinet approved the Repeal of Certain Pre-1994 Justice Laws Bill in June. That Bill will repeal 149 pieces of apartheid-era justice legislation that remained in force.

Phase two: consultative repeals

As part of the second phase, Kubayi said a Draft Bill titled the Second Repeal of Certain Pre-1994 Justice Laws Bill will target laws that require consultation with intergovernmental stakeholders before repeal. She said a memorandum requesting approval to consult internal stakeholders on the Bill is on its way to her. Twenty-one Justice Acts are listed in that Draft Bill.

Phase three: audit, repeal and re-enact

The third phase is a comprehensive audit of remaining pre-1994 Justice Acts to determine whether they should be repealed or repealed and re-enacted. Kubayi said this phase is ongoing and currently includes 10 individual projects for repeal and re-enactment.

Key laws under review

Kubayi named a selection of laws covered by the project. They include the Insolvency Act, Magistrates’ Courts Act, Riotous Assemblies Act, Trespass Act, Extradition Act, Justices of the Peace and Commissioners of Oaths Act, South African Law Commission Act, Criminal Procedure Act, Drugs and Drug Trafficking Act and the Security Forces Board of Inquiry Act.

She added that there are 64 Acts that will, in due course, be considered by the department for possible repeal or repeal and re-enactment.

Parliamentary exchange

Kubayi was responding to a question from MK Party MP Zwelakhe Mthethwa, who asked whether laws enacted under the old apartheid order still denied black persons the justice of being part of the country’s economic fabric. Kubayi said the department’s review project aims to examine all old order legislation as directed by Mashatile, not only the Justice Acts, and to ensure legislation inconsistent with the Constitution is repealed or replaced.

This article is based on statements made by Minister Mmamoloko Kubayi as published in the source material.