Renaming of High Courts Act, 2008 (Act No. 30 of 2008)

WHEREAS item 16(6)(a) of Schedule 6 to the Constitution of the Republic of South Africa, 1996, provides that as soon as practical after the new Constitution took effect, all courts, including their structure, composition, functioning and jurisdiction, and all relevant legislation, must be rationalised with a view to establishing a judicial system suited to the requirements of the new Constitution;

AND WHEREAS item 16(4)(a) of Schedule 6 to the Constitution provides that a provincial or local division of the Supreme Court of South Africa or a supreme court of a homeland or a general division of such a court, becomes a High Court under the new Constitution without any alteration in its area of jurisdiction, subject to any rationalisation contemplated in item 16(6) of Schedule 6 to the Constitution;

AND WHEREAS the rationalisation process envisaged in item 16(6) of Schedule 6 to the Constitution is a comprehensive and ongoing process and is to be based on a policy framework which is still being finalised in conjunction with all relevant role-players;

AND WHEREAS the enactment and implementation of legislation emanating from this policy framework will require more time before the rationalisation process is brought to its conclusion;

AND WHEREAS it is undesirable to retain and use the names of certain High Courts, some of which still reflect their apartheid origins;

AND WHEREAS there may be uncertainty as to the names of the High Courts, it is necessary to facilitate certainty and uniformity as to the names of all High Courts.

BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:—