| Post: | South Africa Minister |
| Body: | Justice and Constitutional Development |
| Flag: | Flag of South Africa.svgborder |
| Flagsize: | 110px |
| Flagcaption: | Flag of South Africa |
| Insigniasize: | 100px |
| Insigniacaption: | Coat of Arms |
| Department: | Department of Justice and Constitutional Development |
| Incumbent: | Thembi Nkadimeng |
| Incumbentsince: | 3 July 2024 |
| Style: | The Honourable |
| Appointer: | President of South Africa |
| Inaugural: | J. B. M. Hertzog |
| Formation: | 31 May 1910 |
| Deputy: | Andries Nel |
| Salary: | R2 401 633[1] |
The Minister of Justice and Constitutional Development is the justice minister in the Cabinet of South Africa. The minister is the political head of the Department of Justice and Constitutional Development and the Office of the Chief Justice. DoJCD in turn is responsible for administrative support to the courts, oversight of the National Prosecuting Authority, the provision of legal services to departments of state, and law reform.
The minister was called the Minister of Justice until 1999, when constitutional matters were added to his portfolio. Between May 2014 and June 2024, the Department of Correctional Services was subsumed under the ministry, which was led by the Minister of Justice and Correctional Services. This merger was reversed at the outset of President Cyril Ramaphosa's third cabinet, when a separate Minister of Correctional Services was appointed.
In the 20th century, the South African justice minister was called the Minister of Justice. His purview included prisons until late 1990, when President F. W. de Klerk announced extensive prison reforms and established a separate Ministry of Prisons.[2] Constitutional matters were also a separate portfolio under the Minister of Constitutional Development,[3] [4] and then from 1994 under the Minister of Constitutional Development and Provincial Affairs.[5] [6] At the outset of the second cabinet of President Thabo Mbeki in June 1999, constitutional development was detached from provincial affairs and subsumed under justice, under the Minister of Justice and Constitutional Development.[7]
A further merger took place in May 2014, at the outset of President Jacob Zuma's second cabinet, when correctional services was subsumed under the ministry, creating the Minister of Justice and Correctional Services.[8] [9] However, the Department of Correctional Services remained distinct from the Department of Justice and Constitutional Development; although they shared a political head or executive authority, they were operationally and legislatively distinct. They reported to the same parliamentary body, the Portfolio Committee on Justice and Correctional Services, but separately. Each of the two deputy ministers was responsible for one portfolio: John Jeffery was responsible for the justice portfolio,[10] and Thabang Makwetla and his successor, Patekile Holomisa, were responsible for correctional services.[11]
Appointing his third cabinet on 30 June 2024, President Cyril Ramaphosa reversed the merger effected by Zuma, appointing a Minister of Justice and Constitutional Development alongside a separate Minister of Correctional Services.[12]
Three prime ministers have been Minister of Justice, including two – Jan Smuts and B. J. Vorster – who held the position directly before being elected prime minister. In 2004, Brigitte Mabandla became the first woman to be appointed to the portfolio.
| J. B. M. Hertzog | SAP | 1910–1912 | Louis Botha | ||
| Jacobus Wilhelmus Sauer | SAP | 1912–1913 | Louis Botha | ||
| Nicolaas Jacobus de Wet | SAP | 1913–1924 | Louis BothaJan Smuts | ||
| Tielman Roos | NP | 1924–1929 | J. B. M. Hertzog | ||
| Oswald Pirow | NP | 1929–1933 | J. B. M. Hertzog | ||
| Jan Smuts | SAP/UP | 1933–1939 | J. B. M. Hertzog | ||
| Colin Fraser Steyn | UP | 1939–1945 | Jan Smuts | ||
| Harry Lawrence | UP | 1945–1948 | Jan Smuts | ||
| Charles Robberts Swart | NP | 1948–1959 | Daniel François MalanJ. G. Strijdom | ||
| Frans Erasmus | NP | 1959–1961 | Hendrik Verwoerd | ||
| B. J. Vorster | NP | 1961–1966 | Hendrik Verwoerd | ||
| Petrus Cornelius Pelser | NP | 1966–1974 | B. J. Vorster | ||
| Jimmy Kruger | NP | 1974–1979 | B. J. VorsterP. W. Botha | ||
| Alwyn Schlebusch | NP | 1979–1980 | P. W. Botha | ||
| Kobie Coetsee | NP | 1980–1994 | P. W. Botha | ||
| Dullah Omar | ANC | 10 May 1994 – 14 June 1999 | Nelson Mandela (I) |
| Minister | Party | Incumbency | President | Deputy | |
|---|---|---|---|---|---|
| Penuell Maduna | ANC | 18 June 1999 – 29 April 2004 | Thabo Mbeki (I) | Cheryl Gillwald | |
| Brigitte Mabandla | ANC | 29 April 2004 – 24 September 2008 | Thabo Mbeki (II) | Johnny de Lange | |
| Enver Surty | ANC | 25 September 2008 – 9 May 2009 | Kgalema Motlanthe (I) | Johnny de Lange | |
| Jeff Radebe | ANC | 10 May 2009 – 24 May 2014 | Jacob Zuma (I) | Andries Nel |
| Minister | Party | Incumbency | President | Deputies | |
|---|---|---|---|---|---|
| Michael Masutha | ANC | 25 May 2014 – 29 May 2019 | Jacob Zuma (II)Cyril Ramaphosa (I) | John Jeffery (DoJCD)Thabang Makwetla (DCS) | |
| Ronald Lamola | ANC | 30 May 2019 – 19 June 2024 | Cyril Ramaphosa (II) | John Jeffery (DoJCD)Patekile Holomisa (DCS) |
The following institutions are housed in the justice and correctional services portfolio, although most have a significant degree of operational and statutory independence: