High Court of South Africa
Encyclopedia
Superior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
s of law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
in South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
. The courts were created in 1996 on the adoption of the Constitution of South Africa
Constitution of South Africa
The Constitution of South Africa is the supreme law of the country of South Africa. It provides the legal foundation for the existence of the republic, sets out the rights and duties of its citizens, and defines the structure of the government. The current constitution, the country's fifth, was...
, and inherited the jurisdiction of the provincial and local divisions of the former Supreme Court of South Africa
Supreme Court of South Africa
The Supreme Court of South Africa was a superior court of law in South Africa from 1910 to 1996. It was made up of various provincial and local divisions with jurisdiction over specific geographical areas, and an Appellate Division which was the highest appellate court in the country...
. High Courts have general jurisdiction
General jurisdiction
A court of general jurisdiction is one that has the authority to hear cases of all kinds - criminal, civil, family, probate, and so forth.-Courts of general jurisdiction in the United States:All federal courts are courts of limited jurisdiction. Many U.S...
over defined geographical areas in which they are situated, and the decisions of the High Courts are binding on magistrates' courts within their areas of jurisdiction. The High Courts have jurisdiction over all matters in their geographical area, but they usually only hear civil matters involving more than 100,000 rand
South African rand
The rand is the currency of South Africa. It takes its name from the Witwatersrand , the ridge upon which Johannesburg is built and where most of South Africa's gold deposits were found. The rand has the symbol "R" and is subdivided into 100 cents, symbol "c"...
, and serious criminal cases. They also hear any appeals or reviews from lower courts (magistrates’ courts) which fall in their geographical jurisdiction. The High Courts usually hear any matter involving a person’s status (for example, adoption, insolvency).
Important officers in a High Court
Each High Court is headed by a Judge President. The registrar keeps all the official court documents. The family advocate must be consulted on all matters involving children, as the High Court is the "upper guardian" of all children in South Africa. The Master of the High Court keeps all the records relating to people’s estates (deceased or insolvent). The SheriffSheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
delivers certain documents to the parties in a civil case, and also attaches property when a warrant is issued. The Director of Public Prosecutions, who used to be called the Attorney-General, is responsible for criminal prosecutions by the state. The State Attorney is the lawyer who represents the state in civil actions (where the state is suing or being sued).
Divisions
There are at the moment thirteen High Courts. The Renaming of High Courts Act, 2008 replaced the old apartheid-era names of the divisions.| Court | Previous name |
|---|---|
| Eastern Cape High Court Eastern Cape High Court Eastern Cape High Court is the name of four divisions of the High Court of South Africa located in the Eastern Cape province. These are:* The Eastern Cape High Court, Grahamstown... , Bhisho |
Ciskei Ciskei Ciskei was a Bantustan in the south east of South Africa. It covered an area of 2,970 square miles , almost entirely surrounded by what was then the Cape Province, and possessed a small coastline along the shore of the Indian Ocean.... Division |
| Eastern Cape High Court, Grahamstown Grahamstown Grahamstown is a city in the Eastern Cape Province of the Republic of South Africa and is the seat of the Makana municipality. The population of greater Grahamstown, as of 2003, was 124,758. The population of the surrounding areas, including the actual city was 41,799 of which 77.4% were black,... |
Eastern Cape Division |
| Eastern Cape High Court, Mthatha Mthatha Mthatha is the main town of the King Sabata Dalindyebo Local Municipality in Eastern Cape province of South Africa. The town has an airport, previously known by the name K. D. Matanzima Airport after former leader Kaiser Matanzima.... |
Transkei Transkei The Transkei , officially the Republic of Transkei , was a Bantustan—an area set aside for members of a specific ethnicity—and nominal parliamentary democracy in the southeastern region of South Africa... Division |
| Eastern Cape High Court, Port Elizabeth | South-Eastern Cape Local Division |
| Free State High Court Free State High Court The Free State High Court, Bloemfontein is the High Court with jurisdiction over the Free State province of South Africa.... , Bloemfontein Bloemfontein Bloemfontein is the capital city of the Free State Province of South Africa; and, as the judicial capital of the nation, one of South Africa's three national capitals – the other two being Cape Town, the legislative capital, and Pretoria, the administrative capital.Bloemfontein is popularly and... |
Orange Free State Orange Free State The Orange Free State was an independent Boer republic in southern Africa during the second half of the 19th century, and later a British colony and a province of the Union of South Africa. It is the historical precursor to the present-day Free State province... Division |
| KwaZulu-Natal High Court KwaZulu-Natal High Court Two divisions of the High Court of South Africa are called the KwaZulu-Natal High Court. The Kwa-Zulu-Natal High Court, Pietermaritzburg has jurisdiction over the whole province of KwaZulu-Natal... , Durban Durban Durban is the largest city in the South African province of KwaZulu-Natal and the third largest city in South Africa. It forms part of the eThekwini metropolitan municipality. Durban is famous for being the busiest port in South Africa. It is also seen as one of the major centres of tourism... |
Durban and Coast Local Division |
| KwaZulu-Natal High Court, Pietermaritzburg Pietermaritzburg Pietermaritzburg is the capital and second largest city in the province of KwaZulu-Natal, South Africa. It was founded in 1838, and is currently governed by the Msunduzi Local Municipality. Its "purist" Zulu name is umGungundlovu, and this is the name used for the district municipality... |
Natal Natal, South Africa Natal is a region in South Africa. It stretches between the Indian Ocean in the south and east, the Drakensberg in the west, and the Lebombo Mountains in the north. The main cities are Pietermaritzburg and Durban... Provincial Division |
| North Gauteng High Court North Gauteng High Court The North Gauteng High Court is a division of the High Court of South Africa... , Pretoria Pretoria Pretoria is a city located in the northern part of Gauteng Province, South Africa. It is one of the country's three capital cities, serving as the executive and de facto national capital; the others are Cape Town, the legislative capital, and Bloemfontein, the judicial capital.Pretoria is... |
Transvaal Transvaal Province Transvaal Province was a province of the Union of South Africa from 1910 to 1961, and of its successor, the Republic of South Africa, from 1961 until the end of apartheid in 1994 when a new constitution subdivided it.-History:... Provincial Division |
| South Gauteng High Court, Johannesburg Johannesburg Johannesburg also known as Jozi, Jo'burg or Egoli, is the largest city in South Africa, by population. Johannesburg is the provincial capital of Gauteng, the wealthiest province in South Africa, having the largest economy of any metropolitan region in Sub-Saharan Africa... |
Witwatersrand Witwatersrand The Witwatersrand is a low, sedimentary range of hills, at an elevation of 1700–1800 metres above sea-level, which runs in an east-west direction through Gauteng in South Africa. The word in Afrikaans means "the ridge of white waters". Geologically it is complex, but the principal formations... Local Division |
| Limpopo High Court, Thohoyandou Thohoyandou Thohoyandou is a town in the Limpopo Province of South Africa. It is the administrative centre of Vhembe District Municipality and Thulamela Local Municipality. It is also known for being the former capital of the bantustan of Venda.... |
Venda Venda Venda was a bantustan in northern South Africa, now part of Limpopo province. It was founded as a homeland for the Venda people, speakers of the Venda language. It bordered modern Zimbabwe and South Africa, and is now part of Limpopo in South Africa.... Division |
| North West High Court, Mafikeng Mafikeng Mahikeng – formerly legally, but still commonly known as Mafikeng – is the capital city of the North-West Province of South Africa. It is best known internationally for the Siege of Mafeking, the most famous engagement of the Second Boer War.Located on South Africa's border with Botswana, it is ... |
Bophuthatswana Bophuthatswana Bophuthatswana , officially the Republic of Bophuthatswana was a Bantustan – an area set aside for members of a specific ethnicity – and nominal parliamentary democracy in the northwestern region of South Africa... Division |
| Northern Cape High Court, Kimberley Kimberley, Northern Cape Kimberley is a city in South Africa, and the capital of the Northern Cape. It is located near the confluence of the Vaal and Orange Rivers. The town has considerable historical significance due its diamond mining past and siege during the Second Boer War... |
Northern Cape Division |
| Western Cape High Court Western Cape High Court The Western Cape High Court is one of the High Courts of South Africa. It is located in Cape Town and has general jurisdiction over the Western Cape province... , Cape Town Cape Town Cape Town is the second-most populous city in South Africa, and the provincial capital and primate city of the Western Cape. As the seat of the National Parliament, it is also the legislative capital of the country. It forms part of the City of Cape Town metropolitan municipality... |
Cape of Good Hope Cape Province The Province of the Cape of Good Hope was a province in the Union of South Africa and subsequently the Republic of South Africa... Provincial Division |
Restructuring
The "Superior Courts Bill" was reintroduced to ParliamentParliament of South Africa
The Parliament of South Africa is South Africa's legislature and under the country's current Constitution is composed of the National Assembly and the National Council of Provinces....
in June 2011. The bill will restructure the High Courts into a single High Court of South Africa divided into nine divisions, one for each province. In provinces which currently have multiple high courts, one will become the main seat of the division with jurisdiction over the whole province, and the others will become local seats with concurrent jurisdiction over some part of the province. The divisions and seats to be established under the bill are as follows:
| Division | Main seat | Local seats |
|---|---|---|
| Eastern Cape Eastern Cape The Eastern Cape is a province of South Africa. Its capital is Bhisho, but its two largest cities are Port Elizabeth and East London. It was formed in 1994 out of the "independent" Xhosa homelands of Transkei and Ciskei, together with the eastern portion of the Cape Province... Division |
Grahamstown Grahamstown Grahamstown is a city in the Eastern Cape Province of the Republic of South Africa and is the seat of the Makana municipality. The population of greater Grahamstown, as of 2003, was 124,758. The population of the surrounding areas, including the actual city was 41,799 of which 77.4% were black,... |
Bhisho, Mthatha Mthatha Mthatha is the main town of the King Sabata Dalindyebo Local Municipality in Eastern Cape province of South Africa. The town has an airport, previously known by the name K. D. Matanzima Airport after former leader Kaiser Matanzima.... , Port Elizabeth |
| Free State Free State The Free State is a province of South Africa. Its capital is Bloemfontein, which is also South Africa's judicial capital. Its historical origins lie in the Orange Free State Boer republic and later Orange Free State Province. The current borders of the province date from 1994 when the Bantustans... Division |
Bloemfontein Bloemfontein Bloemfontein is the capital city of the Free State Province of South Africa; and, as the judicial capital of the nation, one of South Africa's three national capitals – the other two being Cape Town, the legislative capital, and Pretoria, the administrative capital.Bloemfontein is popularly and... |
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| Gauteng Gauteng Gauteng is one of the nine provinces of South Africa. It was formed from part of the old Transvaal Province after South Africa's first all-race elections on 27 April 1994... Division |
Pretoria Pretoria Pretoria is a city located in the northern part of Gauteng Province, South Africa. It is one of the country's three capital cities, serving as the executive and de facto national capital; the others are Cape Town, the legislative capital, and Bloemfontein, the judicial capital.Pretoria is... |
Johannesburg Johannesburg Johannesburg also known as Jozi, Jo'burg or Egoli, is the largest city in South Africa, by population. Johannesburg is the provincial capital of Gauteng, the wealthiest province in South Africa, having the largest economy of any metropolitan region in Sub-Saharan Africa... |
| KwaZulu-Natal KwaZulu-Natal KwaZulu-Natal is a province of South Africa. Prior to 1994, the territory now known as KwaZulu-Natal was made up of the province of Natal and the homeland of KwaZulu.... Division |
Pietermaritzburg Pietermaritzburg Pietermaritzburg is the capital and second largest city in the province of KwaZulu-Natal, South Africa. It was founded in 1838, and is currently governed by the Msunduzi Local Municipality. Its "purist" Zulu name is umGungundlovu, and this is the name used for the district municipality... |
Durban Durban Durban is the largest city in the South African province of KwaZulu-Natal and the third largest city in South Africa. It forms part of the eThekwini metropolitan municipality. Durban is famous for being the busiest port in South Africa. It is also seen as one of the major centres of tourism... |
| Limpopo Limpopo Limpopo is the northernmost province of South Africa. The capital is Polokwane, formerly named Pietersburg. The province was formed from the northern region of Transvaal Province in 1994, and initially named Northern Transvaal... Division |
Polokwane Polokwane Polokwane, meaning "Place of Safety",is a city in the Polokwane Local Municipality and the capital of the Limpopo province, South Africa. It is also often referred to by its former name, Pietersburg. Polokwane is a major urban centre, the biggest and most important north of Gauteng. The population... |
Thohoyandou Thohoyandou Thohoyandou is a town in the Limpopo Province of South Africa. It is the administrative centre of Vhembe District Municipality and Thulamela Local Municipality. It is also known for being the former capital of the bantustan of Venda.... |
| Mpumalanga Mpumalanga Mpumalanga , is a province of South Africa. The name means east or literally "the place where the sun rises" in Swazi, Xhosa, Ndebele and Zulu. Mpumalanga lies in eastern South Africa, north of KwaZulu-Natal and bordering Swaziland and Mozambique. It constitutes 6.5% of South Africa's land area... Division |
Nelspruit Nelspruit Nelspruit is a city of more than 500,000 people situated in northeastern South Africa. It is the capital of the Mpumalanga province . Located on the Crocodile River, Nelspruit lies about west of the Mozambique border and east of Johannesburg. The towns of Nelspruit are Kanyamazane and Pienaar... |
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| Northern Cape Northern Cape The Northern Cape is the largest and most sparsely populated province of South Africa. It was created in 1994 when the Cape Province was split up. Its capital is Kimberley. It includes the Kalahari Gemsbok National Park, part of an international park shared with Botswana... Division |
Kimberley Kimberley, Northern Cape Kimberley is a city in South Africa, and the capital of the Northern Cape. It is located near the confluence of the Vaal and Orange Rivers. The town has considerable historical significance due its diamond mining past and siege during the Second Boer War... |
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| North West North West (South African province) North West is a province of South Africa. Its capital is Mafikeng. The province is located to the west of the major population centre of Gauteng.-History:... Division |
Mafikeng Mafikeng Mahikeng – formerly legally, but still commonly known as Mafikeng – is the capital city of the North-West Province of South Africa. It is best known internationally for the Siege of Mafeking, the most famous engagement of the Second Boer War.Located on South Africa's border with Botswana, it is ... |
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| Western Cape Western Cape The Western Cape is a province in the south west of South Africa. The capital is Cape Town. Prior to 1994, the region that now forms the Western Cape was part of the much larger Cape Province... Division |
Cape Town Cape Town Cape Town is the second-most populous city in South Africa, and the provincial capital and primate city of the Western Cape. As the seat of the National Parliament, it is also the legislative capital of the country. It forms part of the City of Cape Town metropolitan municipality... |
Until the Limpopo and Mpumalanga Divisions are established, the Gauteng Division will act in their place, with circuit courts being held at Polokwane and Nelspruit.