Justice Minister Mmamoloko Kubayi says long-delayed guidelines on the appointment of acting judges will finally be gazetted this month, after years of drafts, consultations and complaints from legal practitioners about transparency in the process.
Kubayi made the undertaking while addressing the Black Lawyers Association AGM on May 30, where she told Black lawyers that she had completed the mandatory consultation process and that the guidelines would be published in June 2026.
“You have raised with me your concerns as practitioners [about] the transparency on the appointment of acting judges,” Kubayi said.
“This work started years ago with a draft document, and the matter has been going back and forth without conclusion and implementation. I can confirm that I have concluded the mandatory consultation process on the guidelines and [they] will be gazetted during the month of June 2026.”
Entry points into the judiciary
The commitment is significant because acting judge appointments are seen by many Black lawyers as one of the key entry points into the judiciary. The acting judge system gives practitioners judicial experience, exposes them to the bench, and can influence future permanent judicial appointments.
Kubayi used the BLA platform to link the issue to the broader transformation of the legal profession, saying the government remained committed to changing briefing patterns and opening state legal work to Black and women practitioners.
She said top positions in the legal profession, from law firm partners to senior counsel, were still largely occupied by white men and accused opponents of the Legal Sector Code of seeking to preserve “white male privilege”.
But the acting judges’ announcement was the clearest administrative decision in the speech.
RFQ and grading work
On other reforms, Kubayi spoke of processes still being rolled out, monitored or refined. These included the review of the request-for-quotation system, the creation of a grading system for legal practitioners, and stakeholder platforms through offices of the State Attorney.
She said the RFQ and grading work had begun and would be monitored to test whether it produced transparency, competition and equal opportunity for practitioners, especially Black and women lawyers.
Kubayi said young members of the Cape Bar with up to five years’ experience had already been asked to submit profiles for possible briefing by the State Attorney and that the programme would be rolled out nationally.
She also said the State Attorney had engaged the National Bar Council of South Africa and the Charter Council as part of an effort to gather profiles of legal practitioners for state work.
The grading system, she said, would use years of practice to place practitioners in comparable groups when requests for quotations are issued.
“As practitioners, please provide feedback so that as the minister, I don’t learn about the weakness after the system has collapsed,” Kubayi said.
Some systems are still vulnerable
That remark suggested that while Kubayi is seeking to drive reforms in state briefing patterns, some systems are still vulnerable and dependent on feedback from the profession.
However, on acting judge appointments, she sounded firmer. The guidelines had been stuck for years, she said, but the consultation phase was now complete and gazetting was imminent.
Kubayi also announced that the Intergovernmental National Litigation Forum would sit on June 24, with Salga expected to attend, as part of efforts to coordinate litigation between state attorneys, departments, municipalities and state-owned entities.
She said the state also planned to bring in legal experts to assess the merits of litigation matters, reduce the backlog and cut the cost of litigation.
The BLA address came as the Justice Department continues to face pressure from black legal formations over state briefing patterns, access to work, acting judge opportunities and the pace of transformation in the profession.
- Justice Minister Mmamoloko Kubayi announced the long-delayed guidelines on appointing acting judges will be gazetted in June 2026 after completing consultations addressing transparency concerns from Black legal practitioners.
- Acting judge appointments are viewed as critical for judicial entry, offering experience and influencing future permanent judicial roles, especially for Black lawyers.
- Kubayi linked these reforms to broader legal profession transformation, condemning the persistence of white male dominance in senior legal positions and criticizing opponents of the Legal Sector Code.
- Additional reforms include revising the request-for-quotation system, creating a grading system for legal practitioners, and gathering profiles to increase transparency and equal opportunities, particularly for Black and women lawyers.
- The government plans to coordinate litigation among state bodies and use legal experts to reduce backlog and costs, while continuing to face pressure on access to work and transformation pace in the legal profession.
Justice Minister Mmamoloko Kubayi says long-delayed guidelines on the appointment of acting judges will finally be gazetted this month, after years of drafts, consultations and complaints from legal practitioners about transparency in the process.
Kubayi made the undertaking while addressing the Black Lawyers Association AGM on May 30, where she told Black lawyers that she had completed the mandatory consultation process and that the guidelines would be published in June 2026.
“You have raised with me your concerns as practitioners [about] the transparency on the appointment of acting judges,” Kubayi said.
“
Kubayi used the BLA platform to link the issue to the broader transformation of the legal profession, saying the government remained committed to changing briefing patterns and opening state legal work to Black and women practitioners.
But the acting judges' announcement was the clearest administrative decision in the speech.
On other reforms, Kubayi spoke of processes still being rolled out, monitored or refined.
Kubayi said young members of the Cape Bar with up to five years’ experience had already been asked to submit profiles for possible briefing by the State Attorney and that the programme would be rolled out nationally.
“As practitioners, please provide feedback so that as the minister, I don’t learn about the weakness after the system has collapsed,” Kubayi said.
However, on acting judge appointments, she sounded firmer.
Kubayi also announced that the Intergovernmental National Litigation Forum would sit on June 24, with Salga expected to attend, as part of efforts to coordinate litigation between state attorneys, departments, municipalities and state-owned entities.
