The transfer of the functions, personnel and the necessary resources from the Department of Justice to the Office of the Chief Justice, will go a long way towards enhancing the institutional independence of the judiciary.

This is according to Justice and Correctional Services Minister Michael Masutha, who briefed the media on Tuesday on the transfer of administrative functions supporting judicial independence and staff from the Department of Justice to the Office of the Chief Justice.

The Office of the Chief Justice, which is a national department that provides administrative support to the judiciary, was established in 2010 through a presidential proclamation.

The decision taken to have the judiciary operate independently has become effective due to the Seventeenth Amendment Act of 2012 and the Superior Courts Act, Act No10 of 2013, which enhances the administration of the magistracy by placing magistrates in every division of the high court under the control of the judge president of the division concerned.

The transfer of functions and identified staff commences on 1 October 2014, according to Masutha.

The reforms will also include the extension of the powers of the Constitutional Court to hear all matters, and not only constitutional matters – a move which Masutha said underpins government’s commitment to the independence of the judiciary and the rule of law.

Masutha said the decision to transfer the courts to the Office of the Chief Justice is founded on constitutional guidance, which also strengthens the principle of the separation of powers.

“The government appreciates that the independence of the courts and the rule of law can only thrive in a constitutional setting where there is clear separation of powers with appropriate checks and balances,” he said.

The transfer will see personnel performing an administrative role to support judicial functions at the Superior Courts.

Other staff attached to the regional offices and national office of the Department of Justice and Correctional Services, whose roles are directly connected to the Superior Courts, will be transferred to the Office of the Chief Justice.

Other implementations in the Chief Justice’s Office include provincial efficiency committees that bring together the judiciary, police, correctional services and prosecutors to effectively manage court case flows and improve the administration of courts.

In total, 1 486 members of staff will be transferred from the department to the Office of the Chief Justice, the Minister said, adding that the transfer will not have any impact on the conditions of service of the affected employees.

“Both the Department and the Office of the Chief Justice are working tirelessly to ensure that the transition happens without glitches. The affected members of staff have been identified and consultations with them are on-going,” Masutha said.

Director-General Babalwa Musekwa, for the current year, said they will also transfer a pro rata sum of R1.4-billion, which is the total budget for a year.

She said plans for the Office to get its separate vote in the 2015/16 financial year are on track so that they can be better capacitated to support the execution of the judiciary’s constitutional mandate.

Musekwa also hoped that further consultation with the affected members will rest all anxiety and concerns raised by the staff and relevant unions.

“As you know with any change there is anxiety,” she said, adding that they are in consultations with the unions and staff to ease the tensions.