South Africa Prepared to Introduce Priority Courts for Violence Against Illegal Migrants

Pretoria – South Africa's Minister of Justice and Constitutional Development, Mmamoloko Kubayi, says the government is prepared to introduce priority courts to swiftly handle cases involving violence against illegal foreign nationals should the volume of such matters increase.

Speaking in a written parliamentary response on Tuesday, July 7, Minister Kubayi said the country's existing lower courts are currently capable of dealing with criminal cases involving violence against non-South Africans, regardless of whether they are in the country legally or illegally.

She explained that the Department of Justice and Constitutional Development continuously tracks court performance and caseloads to ensure the justice system can respond effectively to changing demands.

"The Department of Justice and Constitutional Development continuously monitors court performance and caseload trends to ensure that courts remain capable of responding effectively to fluctuations in case volumes," Minister Kubayi said.

She added that the department relies on case-flow management overseen by the judiciary, regular monitoring of court workloads and coordination through the Integrated Justice System to ensure matters are processed efficiently.

Minister Kubayi was responding to questions from uMkhonto weSizwe (MK) Party Member of Parliament, Zwelakhe Mthethwa, who sought clarity on measures being taken to prepare the courts for a possible rise in prosecutions linked to attacks on illegal foreign nationals.

The Minister said special priority courts could be activated whenever circumstances require urgent intervention.

"Courts will utilise existing staff capacity and infrastructure, including available courtrooms, to prioritise such matters and ensure efficient case processing," she said.

Minister Kubayi also stressed that all courts remain bound by the Constitution and applicable legislation, and must hear every matter impartially.