- Minister Mmamoloko Kubayi says the legal system remains deeply unequal despite constitutional reforms.
- Key barriers include unaffordable legal fees, court backlogs, and lack of rural access to legal services.
- She calls on young lawyers to lead ethically and help dismantle inherited systems of legal exclusion.
Despite the progress made since the dawn of democracy, barriers to justice in South Africa continue to undermine the rights of the poor and marginalised.
This was the central message delivered by Justice and Constitutional Development Minister Mmamoloko Kubayi at the 2025 Young Lawyers Conference, hosted by the Legal Practitioners Fidelity Fund and the Law Society of South Africa at Emperors Palace, Gauteng on 5 July 2025.
Speaking to a hall of emerging legal professionals, Kubayi painted a frank picture of inequality in the country’s legal system. “Though we have done away with pieces of laws that were discriminatory,” she said, “access to justice is now divided between the haves and the have-nots.”
The conference theme, “Awaken the Leader Within: Young Lawyers Shaping a Just Future”, served as a reminder that a just society cannot exist without meaningful legal access for all. Kubayi made it clear that the young lawyers in the room would need to help dismantle the inherited systems that continue to exclude the majority from the promise of justice.
The hidden cost of legal equality
Kubayi detailed the many barriers to justice in South Africa that persist, especially for those living in poverty or remote areas.
High legal fees remain a major obstacle. For many, consulting a lawyer or pursuing a case through the courts is simply unaffordable. Worse still, the risk of being ordered to pay the opposing party’s legal costs deters many potential litigants from seeking redress.
Delays in court proceedings further compound the problem. Many South Africans are left in limbo for months or even years, waiting for a case to be heard or resolved. Justice delayed, in these cases, often means justice denied.
For rural communities, the justice system can feel entirely out of reach. With few legal practitioners based in small towns or villages, and courts often located hours away, simply accessing legal advice or attending a hearing becomes a logistical and financial burden.
Although legal aid is available in criminal cases, there is limited support in civil matters, such as housing, labour, or consumer disputes, where many people face powerful entities without legal representation.
Kubayi reminded delegates that these obstacles aren’t theoretical. “These are aunts, these are mothers, these are our members,” she said. “They are people with faces and they have names.”
Legal community must lead
While the government bears some responsibility for improving access, the minister stressed that the legal profession must also act. “You are members of our society,” she told young lawyers. “You are members of the sector that must help us find solutions.”
Kubayi also criticised unethical conduct in the legal field, referencing recent reports of over R1.4 billion being misappropriated from client trust funds. Such scandals, she warned, only further undermine confidence in the profession and worsen public perceptions of an already unequal system.
“We must confront these ethical failures head-on if we are serious about removing the barriers to justice in South Africa,” she said.
Transforming the System, Together
In an age where digital tools and artificial intelligence are reshaping legal practice, Kubayi encouraged innovation but also demanded accountability. She raised questions about the ethical use of AI in legal submissions and the need for transparency when such tools are used.
Transformation of the profession itself remains a sore point. Kubayi voiced her disappointment at resistance to the Legal Sector Code, which aims to open the industry to women, youth, and previously disadvantaged practitioners.
“It cannot be that 31 years after democracy there are still areas of the economy and professions in which black people barely participate,” she said. “Part of a just future depends on a transformed legal profession.”
A call to conscience
Ultimately, the minister called on young legal professionals to embrace a deeper responsibility, to be leaders not only in their firms or courtrooms, but in their communities.
“Leadership is not by birth,” she said in closing, quoting Pan-Africanist Kwame Nkrumah, “but by a vision that transcends generations.”
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