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Private Company’s Control of Court Records Sparks SIU and Hawks Investigation

court records SIU and Hawks investigation
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A court-record digitisation project operating across offices in KwaZulu-Natal, Gauteng and the Western Cape has been referred to the Special Investigating Unit (SIU) and the Hawks after access problems disrupted services at the Master of the High Court in Pretoria.

According to the Department of Justice and Constitutional Development, Justice and Constitutional Development Minister Mmamoloko Kubayi ordered the investigation after conducting an unannounced inspection at the Master of the High Court in Pretoria on Wednesday, 12 August 2026.

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The inspection followed complaints from members of the public regarding services at the office.

During the visit, Kubayi was informed that transactions and public enquiries had been temporarily disrupted because information held on the system was unavailable.

While the disruption identified during the inspection concerned the Pretoria office, the broader records project was implemented across offices in KwaZulu-Natal, Gauteng and the Western Cape. These reportedly include High Courts, Magistrates’ Courts, Labour Courts and Masters’ Offices.

The project was introduced five years ago to address growing volumes of court records, limited internal storage space, inefficient retrieval processes and the preservation of official documents.

Records were consequently moved into an off-site storage and digitisation system intended to make them easier and faster to retrieve.

However, the Department said Kubayi was informed that the latest service disruption resulted from the service provider denying officials access to the records.

Of particular concern, according to the Minister, was information suggesting that “State records are in the hands of a private company” capable of refusing the Department access to them.

At this stage, it remains unclear why the records were withheld from the Department or what circumstances led the service provider to restrict access.

The matter has now been handed to the SIU and Hawks to establish precisely how the project was contracted and managed.

Investigators have been asked to examine the nature of the agreement that allegedly gave the service provider extensive control over State records, including how the company came to possess those records without the Department retaining unrestricted access.

They will also examine whether government policies or legislation were violated during the project’s implementation and whether the State received value for the money spent.

Furthermore, the investigation must determine whether negligence by any departmental official contributed to the breakdown in critical services.

At this stage, the Department has not accused any particular company or official of criminal conduct. The investigation will determine whether evidence exists of negligence, misconduct, corruption or other wrongdoing.

Kubayi said any such evidence would be acted upon, stressing that interference with public access to justice services and official records could not be treated lightly.

The Minister also apologised to people who had been unable to finalise deceased estates, receive Mojapay payments or access other services administered through the Master of the High Court in Pretoria.

The Department is now assessing the disruption and implementing measures intended to restore normal operations.

Although the Department confirmed that the project extended into KwaZulu-Natal, it did not identify the participating offices or indicate whether any of them had experienced similar access problems.

Further information is expected as the SIU and Hawks begin examining the contract, its implementation and the handling of the affected court records.

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