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South Africa’s Justice and Constitutional Development Minister, Mmamoloko Kubayi, has sounded the alarm over escalating litigation costs facing government, urging municipalities to adopt proactive legal strategies and alternative dispute resolution mechanisms.
Speaking at the opening of the 5th National Municipal Legal Practitioners Forum (NMLPF) hosted by the South African Local Government Association (SALGA) on 27 March 2025, Kubayi described the state as the country’s largest consumer of legal services — losing billions of rands annually to unnecessary litigation.
“South Africa has developed into a litigious society resulting in citizens asserting their rights specifically against the State. It is imperative for measures to be put in place to curb unnecessary litigation costs,” Kubayi told attendees at Brigitte Mabandla Justice College.
She proposed the development of a formal Alternative Dispute Resolution Mechanism (ADRM) and State Mediation, noting that this approach could reduce backlogs, ease court congestion, and save government significant legal costs.
The forum also heard proposals from the Department of Justice and Constitutional Development’s Director-General, Adv. Doctor Mashabane, who advocated for a constitutional law capacity-building programme for councillors. The programme would help them better navigate their governance responsibilities in line with South Africa’s legal framework.
Deputy Chairperson of SALGA Gauteng, Elvis Mpithikezi, emphasised the importance of municipal legal teams in promoting good governance and meeting community needs. He said strengthening internal legal departments would reduce the number of avoidable legal battles.
The NMLPF, now in its fifth edition, brings together legal experts from across the public and private sectors to share strategies and insights into improving legal services at local government level. The forum will conclude on 28 March 2025, with sessions exploring future visions for local governance and updates on litigation between civil groups and state institutions.
This year’s forum theme reflects SALGA’s long-term commitment: “28 years of supporting and professionalising the work of Municipal Legal Practitioners to improve service delivery and promote good governance.”
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