Minister Mmamoloko Kubayi on Children’s March to Constitutional Court

Minister of Justice and Constitutional Development, Mmamoloko Kubayi, has today, Sunday, 01 June 2025, accepted memorandums from Child Protection Organisations during a Children’s March to the Constitutional Court.

The march was jointly organised with the Gauteng Department of Social Development to provide a platform for children to raise their safety concerns, as South Africa observes Child Protection Awareness Month.

In her address, Minister Kubayi acknowledged the bravery of the children and the dedication of the organising partners.

Minister Kubayi emphasised the importance of listening to children and addressing the systemic failures that put them at risk.

“It is heartening to see children who are aware of their environment and willing to speak up about what is right and wrong. I appreciate the partnership with the Gauteng Department of Social Development and the NGOs who continue to bring the plight of our children to the forefront,” said Minister Kubayi.

The Minister expressed deep concern over emerging social issues, including the disturbing trend of some mothers commercialising their children and the rise in sexual offences committed by minors.

“Ordinarily, we used to worry about fathers who were molesting or raping children, and mothers seeking help. Now, we are seeing new patterns where mothers themselves are involved in the exploitation of children. This requires urgent societal introspection,” said the Minister.

Minister Kubayi also highlighted several interventions underway, including the review of key pieces of legislation such as the Criminal Procedure Act and Parole Laws, which she said are outdated and not suited to the current GBV crisis.

“We are working to review the Criminal Procedure Act and conditions under the Parole Act, which were developed at a time when the scale of GBV was not as dire. These laws must evolve to meet the needs of today,” added the Minister.

Minister Kubayi further outlined a 90-day monitoring programme being implemented across the JCPS Cluster to track GBVF-related cases from the moment they are reported to final court outcomes.

“We are monitoring how many GBV cases are opened daily, how many proceed to court, and how many lead to successful prosecution. This helps us understand where the gaps are and how to intervene,” said the Minister.

Minister Kubayi emphasised that perpetrators of GBVF should not be granted parole without proper engagement with victims' families and a full understanding of the lasting damage caused.

“We do not support the death penalty, but we firmly support life sentences with no parole for serious offenders. Rehabilitation must be weighed against the trauma suffered by the victims.”

The Minister also underscored the critical partnership between the Justice Department and Social Development in addressing both the legal and social dimensions of child protection.

“While justice takes care of the prosecution side, Social Development plays a vital role in family support, rehabilitation and community strengthening,” Minister Kubayi further said.

Minister Kubayi concluded by reaffirming government’s commitment to protecting children and ensuring a coordinated, multisectoral approach to addressing violence and exploitation.

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